Welfare Reform Bill
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT
The amendments have been marshalled in accordance with the Order of 12th March 2007, as follows—
Clause 1
Schedule 1
Clauses 2 to 21
Schedule 2
Clauses 22 to 27
Schedule 3
Clause 28
Schedule 4
Clauses 29 to 39 | Schedule 5
Clauses 40 to 57
Schedule 6
Clauses 58 to 62
Schedule 7
Clauses 63 to 66
Schedule 8
Clauses 67 to 70 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 1 | Page 2, line 4, after second "his" insert "overall" |
| 2 | Page 2, line 4, leave out "or" and insert "and" |
| | LORD OAKESHOTT OF SEAGROVE BAY
BARONESS THOMAS OF WINCHESTER
BARONESS MEACHER |
| 3 | Insert the following new Clause— |
| (1) | This section applies where a person in receipt of employment and support allowance who is a service user is asked by a public, charitable or educational body concerned with health or social care to advise on service standards and delivery. |
| (2) | The Secretary of State may make regulations providing that— |
| (a) | a person who provides advice under subsection (1) shall be treated as having limited capability for work under section 8 in relation to the activities undertaken in pursuance of subsection (1) if he would otherwise be so treated; |
| (b) | in the case of contributory allowance or an income related allowance, any fee received in recognition of the service undertaken shall be subject to such disregard and averaging as may be prescribed; |
| (c) | in the case of contributory allowance or an income related allowance, reimbursed expenses shall be disregarded as income in such cases as may be prescribed; and |
| (d) | regulations made under section 16(3)(a) shall not apply in relation to advice undertaken in accordance with this section. |
| (3) | In this section "service user" means a person with current experience of using or requiring public services relating to their ill-health, disability or caring responsibilities." |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 4 | Page 3, line 1, after second "his" insert "overall" |
| 5 | Page 3, line 1, leave out "or" and insert "and" |
| 6 | Page 3, line 4, at end insert ", or |
| ( ) | he is undergoing or recovering from treatment for a serious or life-threatening illness or is terminally ill as prescribed through regulations." |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 7 | Page 6, line 12, after "his" insert "overall" |
| 8 | Page 6, line 12, leave out "or" and insert "and" |
| 9* | Page 6, line 18, leave out from first "to" to end of line 20 and insert "such matters as the regulations may provide" |
| 10* | Page 6, line 28, leave out "medical examination" and insert "eligibility test" |
| 11* | Page 6, line 37, leave out "medical examination" and insert "eligibility test" |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 12 | Page 7, line 14, after "his" insert "overall" |
| 13 | Page 7, line 14, leave out "or" and insert "and" |
| 14* | Page 7, line 30, leave out "medical examination" and insert "eligibility test" |
| 15* | Page 7, line 38, leave out "medical examination" and insert "eligibility test" |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 16 | Insert the following new Clause— |
| | The Secretary of State shall lay before Parliament an independent report on the operation of the assessments under sections 8 and 9 annually for the first five years after these sections come into effect." |
| 17* | Page 8, line 7, leave out "health-related" |
| 18* | Page 8, line 12, leave out "health-related" |
| 19* | Page 8, line 15, leave out "health-related" |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 20 | Page 8, line 17, at beginning insert "after consultation with the person," |
| 21* | Page 8, line 22, leave out "health-related" |
| | LORD OAKESHOTT OF SEAGROVE BAY
LORD ADDINGTON |
| 22* | Page 8, line 25, leave out "within a prescribed period, show that he had" and insert "have" |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 23 | Page 8, line 25, leave out "prescribed" and insert "reasonable" |
| 24 | Page 8, line 38, leave out "an" and insert "the work-related component of the employment and support" |
| 25* | Page 8, line 44, leave out "health-related" |
| 26* | Page 9, line 2, leave out "health-related" |
| 27* | Page 9, line 8, leave out "health-related" |
| 28* | Page 9, line 11, leave out "health-related" |
| | BARONESS MEACHER
LORD OAKESHOTT OF SEAGROVE BAY
BARONESS THOMAS OF WINCHESTER |
| 29 | Page 9, line 12, after "a" insert "suitably qualified" |
| 30* | Page 9, line 12, leave out "health care" |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH
LORD OAKESHOTT OF SEAGROVE BAY |
| 31 | Page 9, line 12, after "professional" insert "and a personal advisor" |
| 32* | Page 9, line 16, leave out "his physical or mental condition" and insert "factors that limit his capability to work" |
| | LORD OAKESHOTT OF SEAGROVE BAY
BARONESS THOMAS OF WINCHESTER |
| 33 | Page 9, line 16, after "condition," insert— |
| "( ) | the extent to which his capability for work may be improved by the taking of steps by the Secretary of State in relation to factors that limit his capability to work," |
| 34* | Page 9, line 20, leave out "health care" |
| 35* | Page 9, line 23, at end insert "or is concerned with the employment of such individuals" |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 36 | Page 9, line 39, leave out "and how" and insert ", how and with whom" |
| 37 | Page 9, line 43, at end insert— |
| "( ) | for the role of carers in work-focused interviews;" |
| | LORD OAKESHOTT OF SEAGROVE BAY
LORD ADDINGTON |
| 38* | Page 10, line 5, leave out "within a prescribed period, show that he had" and insert "have" |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 39 | Page 10, line 18, leave out "an" and insert "the work-related component of the employment and support" |
| | LORD OAKESHOTT OF SEAGROVE BAY
BARONESS MEACHER
BARONESS THOMAS OF WINCHESTER |
| 40* | Page 10, line 34, at end insert— |
| "( ) | Where a work-focused health-related assessment has identified steps to improve a person's capability for work and those services necessary to support the taking of those steps have not been made available to him he shall continue to be entitled to the full amount payable to him in respect of the allowance." |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 41 | Page 11, line 4, at end insert— |
| "( ) | for the role of carers;" |
| | LORD OAKESHOTT OF SEAGROVE BAY
LORD ADDINGTON |
| 42* | Page 11, line 11, leave out "within a prescribed period show that he had" and insert "have" |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 43 | Page 11, line 29, leave out "an" and insert "the work-related component of the employment and support" |
| | LORD OAKESHOTT OF SEAGROVE BAY
BARONESS MEACHER
BARONESS THOMAS OF WINCHESTER |
| 44* | Page 11, line 41, at end insert— |
| "( ) | Where a work-focused health-related assessment has identified steps to improve a person's capability for work and those services necessary to support the taking of those steps have not been made available to him he shall continue to be entitled to the full amount payable to him in respect of the allowance." |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 45 | Insert the following new Clause— |
| | "Persons exempted from conditionality |
| (1) | Sections 10 to 13 of this Act shall not apply to any person who, but for section 1(3)(e) above and the requirement to make a claim for income support, would qualify for income support as either a lone parent or as a person caring for another person. |
| (2) | Subject to subsection (1), regulations may prescribe that sections 10 to 13 of this Act shall not apply to prescribed categories of person or in prescribed circumstances." |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH
LORD OAKESHOTT OF SEAGROVE BAY
LORD ADDINGTON |
| 46* | Page 12, line 43, at end insert ", excluding functions under regulations under any of section 10(2)(f), 10(4), 11(2)(g), 11(4), 12(2)(e) or 12(4)." |
| 47 | Page 13, line 1, leave out paragraphs (b) to (d) |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 48 | Page 16, line 43, at end insert— |
| "( ) | Regulations may provide that— |
| (a) | an assessment is to be made to identify all statutory entitlements and allowances to which a claimant is entitled, |
| (b) | a claimant is to be notified of their statutory entitlements, and |
| (c) | a claimant is to be advised on how statutory entitlements may be claimed." |
| | LORD OAKESHOTT OF SEAGROVE BAY
BARONESS THOMAS OF WINCHESTER |
| 49* | Insert the following new Clause— |
| | Persons for whom employment and support allowance (income-based or contribution-based) is their only household income and who satisfy the savings threshold for income-based employment and support allowance are exempt from prescription charges." |
| | BARONESS MEACHER
LORD OAKESHOTT OF SEAGROVE BAY
BARONESS THOMAS OF WINCHESTER |
| 50* | Page 55, line 30, at end insert— |
| (1) | Subject to sub-paragraph (2), regulations shall provide that where a person previously had limited capability for work and where no more than a prescribed period of time has elapsed, he shall be treated as having limited capability for work for the holding period. |
| (2) | Regulations shall provide that entitlement during the holding period shall be dependent upon the receipt of written confirmation of suitability for assessment by a prescribed health care professional. |
| (3) | The holding period shall commence with a person's application for ESA and cease at the end of the assessment period. |
| (4) | During the holding period, regulations shall provide that a condition which was satisfied in relation to the earlier period is to be treated for the purposes of this Part as satisfied in relation to the later period." |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 51 | Page 19, line 12, leave out paragraph (b) and insert— |
| "( ) | regulations under sections 8 to 14;" |
|
