Pensions Bill
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 17th May 2005, as follows—
Clauses 1 to 11
Schedule 2
Clauses 12 and 13
Schedule 3
Schedule 1
Clauses 14 and 15
Schedule 4 | Clauses 16 and 17
Schedule 5
Clauses 18 and 19
Schedule 6
Clauses 20 to 25
Schedule 7
Clauses 26 to 30 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | LORD OAKESHOTT OF SEAGROVE BAY
LORD KIRKWOOD OF KIRKHOPE |
| 1 | Page 1, line 13, leave out "2010" and insert "2008" |
| | LORD OAKESHOTT OF SEAGROVE BAY
LORD ADDINGTON
BARONESS HOLLIS OF HEIGHAM |
| 2 | Page 2, line 32, at end insert— |
| "(5) | Should the contributor have reached the state pension age and not made the necessary National Insurance contributions or accrued the necessary credits for entitlement to the full Basic State Pension, the contributor may defer claiming the Basic State Pension and may continue to pay National Insurance contributions until the entitlement to a full Basic State Pension has been accrued." |
| | BARONESS HOLLIS OF HEIGHAM
LORD OAKESHOTT OF SEAGROVE BAY
BARONESS THOMAS OF WINCHESTER
BARONESS DEAN OF THORNTON-LE-FYLDE |
| 3 | Page 2, line 32, at end insert— |
| "(5) | In sub-paragraph (2), the term "working life" includes periods where a contributor is earning while entitled to be paid a Category A or Category B retirement pension." |
| 4 | Page 2, line 32, at end insert— |
| "(5) | The contributor may make voluntary contributions at any time before drawing a Category A or Category B retirement pension and for any period of their working life up to a total of 9 years." |
| 5 | Insert the following new Clause— |
| | "Category A and B retirement pensions: contribution condition |
| (1) | Schedule 3 to the SSCBA (contribution conditions) is amended as follows. |
| (a) | omit sub-paragraph (2), |
| (b) | in sub-paragraph (3) omit the words "The second condition is that", |
| (c) | in sub-paragraph (3)(a) for the words "the requisite number of" substitute "30", |
| (d) | for sub-paragraphs (5) to (8) substitute— |
| "(5) | Regulations may modify sub-paragraph (3) above for the purposes of its application in a case where— |
| (a) | the contributor concerned has paid, or been credited with, contributions, or |
| (b) | contributions have been deemed to be, or treated as, paid by or credited to him, under the National Insurance Act 1946 or the National Insurance Act 1965."" |
| | LORD SKELMERSDALE
BARONESS NOAKES |
| 6 | Insert the following new Clause— |
| | "Cost of 30 year contribution |
| | The Secretary of State must, not later than 1st July 2007, lay before both Houses of Parliament a report on the costs and feasibility of phasing in the condition introduced by paragraph 5A(2)(a) of Schedule 3 to the SSCBA (inserted by section 1(3) of this Act)." |
| | LORD SKELMERSDALE
BARONESS NOAKES |
| 7 | Page 3, leave out lines 26 to 31 |
| | LORD OAKESHOTT OF SEAGROVE BAY
BARONESS THOMAS OF WINCHESTER
BARONESS HOLLIS OF HEIGHAM |
| 8 | Page 3, line 31, at end insert— |
| "(d) | is in receipt of certification by health or social care professional, verifying that they are involvled in caring for person or persons, for a minimum of 20 hours a week, not otherwise recognised by the regulations." |
| | BARONESS HOLLIS OF HEIGHAM
BARONESS DEAN OF THORNTON-LE-FYLDE |
| 9* | Page 4, line 17, at end insert— |
| "23B | Contributions credits for relevant grandparents and other relatives |
| (1) | This section applies to the following benefits— |
| (a) | a Category A retirement pension in a case where the contributor concerned attains pensionable age on or after 6th April 2010, |
| (b) | a Category B retirement pension payable by virtue of section 48A in a case where the contributor concerned attains pensionable age on or after that date, |
| (c) | a Category B retirement pension payable by virtue of section 48B in a case where the contributor dies on or after that date without having obtained pensionable age before that date, |
| (d) | a widowed parent's allowance payable in a case where the contributor concerned dies on or after that date, |
| (e) | a bereavement allowance payable in a case where the contributor concerned dies on or after that date. |
| (2) | The contributor concerned in the case of a benefit to which this section applies shall be credited with a Class 3 contribution for each week falling after 6th April 2010 in respect of which the contributor was a relevant grandparent or a relevant relative. |
| (3) | A person is a relevant grandparent in respect of a week if the person is engaged in looking after, within the meaning given by regulations, a grandchild or grandchildren under the age of 12 or a disabled grandchild or grandchildren under the age of 18, in that week. |
| (4) | A person is a relevant other relative in respect of a week if the person is engaged in looking after, within the meaning given by regulations, a child or children under the age of 12 to whom he or she is related or a disabled child or children under the age of 18 to whom he or she is related, in that week. |
| (5) | In this section "relevant other relative" shall include but shall not be confined to a sibling, half-sibling, aunt, uncle or cousin of the child or children who is or who are being looked after but shall not include a registered childminder. |
| (6) | Regulations may make provision for a person's entitlement to be credited with Class 3 contributions by virtue of falling within subsection (3) above to be conditional on the person— |
| (a) | applying to be so credited in accordance with the prescribed requirements, and |
| (b) | complying with the prescribed requirements as to the provision of information to the Secretary of State. |
| (7) | For the purpose of determining entitlement to a benefit to which this section applies, a week that falls partly in one tax year and partly in another is to be treated as falling in the year in which it begins and not in the following year. |
| (8) | In this section "the contributor concerned" has the meaning given in section 21(5)(a)." |
| 10 | Page 4, line 23, after "23A" insert "or 23B" |
| | LORD SKELMERSDALE
BARONESS NOAKES |
| 11 | Insert the following new Clause— |
| | "Review of pension credit entitlement |
| (1) | The Secretary of State may from time to time, and shall when required by subsection (2), lay before each House of Parliament a report on— |
| (a) | current rates and coverage of pension credit entitlement; |
| (b) | likely future rates of pension credit entitlement; and |
| (c) | such other matters as he considers to be relevant as affecting the present and future take-up of and eligibility for pension credit. |
| (2) | The Secretary of State shall lay such reports— |
| (a) | five years after the coming into force of Part 1 of this Act; and |
| (b) | thereafter at intervals of not more than five years." |
| 12 | Insert the following new Clause— |
| | "Report on contribution credits |
| | The Secretary of State shall present a report annually to the House of Commons on— |
| (a) | the number of carers in receipt of contribution credits; |
| (b) | the associated costs of contribution credits received by carers to the National Insurance Fund; |
| (c) | any proposals he may have for reviewing eligibility for contribution credits." |
| 13 | Insert the following new Clause— |
| | "Allocation of child benefit to the relevant parent |
| | If child benefit is paid into a joint account and allocated to a parent who did not wish to accrue home responsibilities protection or contribution credits, and the other parent wishes to have accrued home responsibilities protection or contribution credits, the Secretary of State must reallocate the qualifying years of home responsibilities protection or contribution credits, as the case may be, to the parent who wished to receive them." |
| | LORD OAKESHOTT OF SEAGROVE BAY
LORD KIRKWOOD OF KIRKHOPE |
| 14 | Page 5, line 33, at end insert "including those claimed by British citizens abroad" |
| | BARONESS MILLER OF HENDON
LORD SKELMERSDALE |
| 15 | Page 5, line 39, leave out from "Where" to "shall" in line 41 and insert "the general level of earnings is greater at the end of the period under review than it was at the beginning of that period, the Secretary of State" |
| 16 | Page 6, line 2, leave out from "if" to end of line 3 and insert "the amount of the increase would be less than £1 a week (or such greater sum as may subsequently be specified by order); but in that event (unless the Secretary of State shall have granted an actual greater increase of not less than that sum) the amount of the increase shall be added to the increase calculated in subsequent years" |
| | LORD OAKESHOTT OF SEAGROVE BAY
LORD KIRKWOOD OF KIRKHOPE |
| 17 | Page 6, line 3, at end insert— |
| "(3A) | The general level of prices shall be defined as the Retail Prices Index. |
| (3B) | The general level of earnings shall be defined as the Average Earnings Index." |
| | BARONESS MILLER OF HENDON
LORD SKELMERSDALE |
| 18 | Page 6, line 6, leave out from "up" to end and insert "to the nearest 10 pence" |
| 19 | Page 6, line 19, leave out from "shall" to end of line 20 and insert "determine the general level of earnings as set out in subsections (8A) and (8B). |
| (8A) | If the average earnings index (including bonuses) for the whole economy for September in any year is higher than the index for the previous September, the Secretary of State shall, as soon as practicable, make an order in relation to each sum mentioned in subsection (1), increasing each sum, if the index is higher, by the same percentage as the amount of the increase of the index. |
| (8B) | In making the calculation required by subsection (8A), the Secretary of State shall in the case of the sums set out in subsection (1)(a) to (d), round up the result to the nearest 10 pence." |
| | BARONESS HOLLIS OF HEIGHAM
BARONESS DEAN OF THORNTON-LE-FYLDE |
| 20* | Page 6, line 40, at end insert— |
| | "150B Annual up-rating of earnings disregards of state pension credit |
| (1) | The earnings disregards shall be raised to— |
| (a) | £20 for a single person's earnings; |
| (b) | £30 for the earnings of a couple; and |
| (c) | £40 where a single person or one or more of a couple— |
| (i) | qualifies for one or more of the following— |
| (a) | adult disability premium (whether or not the higher pensioner premium is applicable); |
| (b) | carer's premium or carer's allowance; |
| (c) | higher pensioner premium; |
| (d) | long-term employment support allowance; |
| (e) | severe disablement allowance; |
| (f) | attendance allowance; |
| (g) | disability living allowance; |
| (h) | war pensioner's mobility supplement; |
| (i) | disability or severe disability elements of working tax credit; or |
| (iii) | is or are registered blind; |
| (iv) | is or are a part-time firefighter; |
| (v) | is or are an auxiliary coastguard on coast rescue activities; |
| (vi) | helps or help to operate or launch a lifeboat; or |
| (vii) | is or are part of any territorial or reserve force. |
| (2) | The Secretary of State shall, before the start of the first tax year after the coming into force of subsection (1) above and before every tax year thereafter, review the amount of the earnings disregards in order to determine whether they have retained their value in relation to the general level of earnings obtaining in Great Britain. |
| (3) | Where it appears to the Secretary of State that the general level of earnings is greater at the end of the period under review than it was at the beginning of that period, he shall lay before Parliament the draft of an order which increases the amounts referred to in subsection (1) above by a percentage not less than the percentage by which the general level of earnings is greater at the end of the period than it was at the beginning. |
| (4) | The Secretary of State may, in providing for an increase in pursuance of subsection (3) above, adjust the amount of the increase so as to round the sum in question up or down as he thinks appropriate. |
| (5) | If a draft order laid before Parliament under this section is approved by a resolution of each House, the Secretary of State shall make the order in the form of the draft. |
| (6) | An order under this section shall be framed so as to bring the increase in question into force in the week beginning with the first Monday in the tax year following that in which the order is made. |
| (7) | For the purposes of any review under subsection (1) above, the Secretary of State shall estimate the general level of earnings in such manner as he thinks fit." |
| | LORD OAKESHOTT OF SEAGROVE BAY
LORD KIRKWOOD OF KIRKHOPE |
| 21 | Page 7, line 1, leave out from "means" to end of line 8 and insert "the tax year 2007-2008" |
| 22 | Page 7, line 1, after "means" insert "2008-09 in the case of a person who has reached the age of 80 and for other people of a pensionable age means" |
| | LORD OAKESHOTT OF SEAGROVE BAY
LORD KIRKWOOD OF KIRKHOPE |
| 23 | Page 7, line 5, leave out "the relevant dissolution date" and insert "6th April 2013" |
| | LORD SKELMERSDALE
BARONESS NOAKES |
| 24 | Page 7, line 8, at end insert— |
| "(6A) | The Secretary of State must, within six months of the beginning of the Parliament referred to in subsection (6), inform Parliament of the date at which the provision set out in this section will be commenced." |
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