House of Lords portcullis
House of Lords

Publications on the internet
Other Public Bills before Parliament
Bill Home Page

Welfare Reform Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Order of 13th October 2009, as follows—

Clauses 1 to 3
Schedule 1
Clauses 4 to 7
Schedule 2
Clauses 8 and 9
Schedule 3
Clauses 10 and 20
Schedule 4
Clauses 21 to 42
Schedule 5
Clauses 43 to 46
Schedule 6
Clauses 47 and 48
Schedule 7
Clauses 49 to 52

[Amendments marked * are new or have been altered]

Amendment
No.

 

Before Clause 1

 

LORD NORTHBOURNE

1*Insert the following new Clause—
  "General duty to have regard to the well-being of the child
(1)  The Secretary of State, in discharging his functions under this Act, shall have regard to the well-being of any child likely to be affected by his decisions.
(2)  For the purposes of subsection (1), the meaning of "well-being of any child" includes—
(a)  physical and mental health and social and emotional well-being;
(b)  secure attachment and protection from harm and neglect;
(c)  education, training and recreation;
(d)  the contribution made by the child to society;
(e)  social and economic well-being;
(f)  age appropriate childcare, supervision and guidance."
(3)  In the Jobseeker's Act 1995 (c. 18) after section 1 insert—
"1AWell-being of the child
  The Secretary of State, in discharging his functions under this Act, shall have regard to the well-being of any child likely to be affected by his decisions."
(4)  In the Welfare Reform Act 2007 (c. 5) after section 1 insert—
"1AWell-being of the child
  The Secretary of State, in discharging his functions under this Act, shall have regard to the well-being of any child likely to be affected by his decisions.""
 

Clause 1

 

LORD KIRKWOOD OF KIRKHOPE

 

BARONESS THOMAS OF WINCHESTER

2*Page 1, line 12, after "circumstances" insert "and where claimants have guaranteed and predictable access to high quality, flexible, affordable childcare acceptable to the parent and child"
3*Page 2, line 1, at end insert "with guaranteed and predictable access to high quality, flexible and affordable child care acceptable to the parent and child"
 

BARONESS TURNER OF CAMDEN

4Page 2, line 10, at end insert—
"(   )  Regulations under this section may not require a single parent with a child under seven years of age to participate in a "work for your benefit" scheme."
 

Clause 2

 

BARONESS THOMAS OF WINCHESTER

 

LORD KIRKWOOD OF KIRKHOPE

5Page 4, line 21, at end insert—
"(   )  No requirement may be imposed by virtue of this section on a person who—
(a)  is not a member of a couple, and
(b)  is responsible for, and a member of the same household as, a child under the age of 16 who is—
(i)  in receipt of a disability living allowance; or
(ii)  was in receipt of a disability living allowance and has made and is purusing an appeal against a decision that he is no longer entitled to a disability living allowance, and that appeal has not yet been determined."
 

LORD FREUD

 

LORD TAYLOR OF HOLBEACH

 

BARONESS THOMAS OF WINCHESTER

 

LORD KIRKWOOD OF KIRKHOPE

6Page 4, line 21, at end insert—
"(   )  Nothing in this section shall cause any financial sanction to be imposed in the case of a single parent with a child under five years of age."
 

LORD MCKENZIE OF LUTON

7Page 4, line 23, after "who" insert "—
(a)  "
8Page 4, line 23, after "support" insert ", and
2(b)  is not a lone parent of a child under the age of 3,"
 

LORD NORTHBOURNE

 

[As an amendment to amendment 8]

9*Line 2, leave out "lone"
 

LORD MCKENZIE OF LUTON

10Page 5, line 41, at end insert—
3"(7A)  Regulations under this section must include provision for securing that lone parents are entitled (subject to meeting any prescribed conditions) to restrict the times at which they are required to undertake work-related activity."
 

LORD NORTHBOURNE

 

[As an amendment to amendment 10]

11*Line 3, leave out "lone"
 

LORD MCKENZIE OF LUTON

12Page 5, line 44, at end insert—
"(aa)  "lone parent" means a person who—
(i)  is not a member of a couple, and
(ii)  is responsible for, and a member of the same household as, a child;"
13Page 6, line 8, at end insert—
"(8A)  For the purposes of this section regulations may make provision—
(a)  as to circumstances in which one person is to be treated as responsible or not responsible for another;
(b)  as to circumstances in which persons are to be treated as being or not being members of the same household."
 

BARONESS MEACHER

14*Page 6, line 30, at end insert "provided that such particulars shall not include taking any surgical or medical treatment"
 

LORD MCKENZIE OF LUTON

15Page 6, line 40, at end insert—
"(6)  In preparing any action plan, the Secretary of State must have regard (so far as practicable) to its impact on the well-being of any person under the age of 16 who may be affected by it."
16Page 7, line 2, at end insert—
"(1A)  But a direction under subsection (1) may not specify medical or surgical treatment as the only activity which, in any person's case, is to be regarded as being work-related activity."
17Page 9, line 5, at end insert—
"2HGood cause for failure to comply with regulations
(1)  This section applies to any regulations made under section 2A, 2AA or 2D that prescribe matters to be taken into account in determining whether a person has good cause for any failure to comply with the regulations.
(2)  The provision made by the regulations prescribing those matters must include provision relating to—
(a)  the person's physical or mental health or condition;
(b)  the availability of childcare.""
 

BARONESS THOMAS OF WINCHESTER

 

LORD KIRKWOOD OF KIRKHOPE

18*Page 9, line 5, at end insert—
"2HRequired competencies for persons exercising functions of Secretary of State
(1)  Any person exercising the functions of the Secretary of State under sections 2A, 2D, 2E, 2F, in relation to income support, including any person authorised under section 2G, shall have the required competencies.
(2)  The Secretary of State shall by regulations make provision for the required competencies as indicated in subsection (1).
(3)  The provision which shall be made by regulations under subsection (2) shall include, in particular, provision as to—
(a)  the knowledge and understanding of the needs and requirements of people with disabilities in general and with specified disabilities in particular;
(b)  the courses to be undertaken by persons before such approvals are to be given and during the period for which such approvals have effect;
(c)  the factors to be taken into account in determining whether persons have required competencies as mentioned in subsection (1)."
 

After Clause 2

 

LORD MCKENZIE OF LUTON

19Insert the following new Clause—
  "Lone parents
(1)  In section 124 of the Social Security Contributions and Benefits Act 1992 (c. 4) (conditions for income support), after subsection (1) insert—
"(1A)  Regulations under paragraph (e) of subsection (1) must secure that a person who—
(a)  is not a member of a couple, and
(b)  is responsible for, and a member of the same household as, a child under the age of 7,
  falls within a category of person prescribed under that paragraph.
(1B)  Subsection (1A) does not apply if regulations under subsection (4)(c) of section 1A of the Jobseekers Act 1995 containing the provision mentioned in subsection (4A) of that section are in force."
(2)  In section 2A of the Social Security Administration Act 1992 (c. 5) (work-focused interviews)—
(a)  after subsection (2) insert—
"(2A)  No requirement may be imposed by virtue of this section on a person who—
(a)  is not a member of a couple, and
(b)  is responsible for, and a member of the same household as, a child under the age of one.
(2B)  For the purposes of subsection (2A)(b) regulations may make provision—
(a)  as to circumstances in which one person is to be treated as responsible or not responsible for another;
(b)  as to circumstances in which persons are to be treated as being or not being members of the same household.", and
(b)  in subsection (8), after "In this section—" insert—
 ""couple" has the meaning given by section 137(1) of the Contributions and Benefits Act;".
(3)  In section 12 of the Welfare Reform Act 2007 (c. 5) (employment and support allowance: work-focused interviews), in subsection (1)(b), at the end insert "or a lone parent of a child under the age of one".
(4)  In section 13 of that Act (employment and support allowance: work-related activity)—
(a)  in subsection (1), after "section 12(1)" insert ", and who is not a lone parent of a child under the age of 3,", and
(b)  after subsection (6) insert—
"(6A)  Regulations under this section shall include provision for securing that lone parents are entitled (subject to meeting any prescribed conditions) to restrict the times at which they are required to undertake work-related activity."
(5)  In section 24 of that Act (interpretation of Part 1), after subsection (3) insert—
"(3A)  For the purposes of this Part, a person is a lone parent if the person—
(a)  is not a member of a couple (within the meaning given by section 137(1) of the Contributions and Benefits Act), and
(b)  is responsible for, and a member of the same household as, a person under the age of 16.
(3B)  For the purposes of subsection (3A)(b) regulations may make provision—
(a)  as to circumstances in which one person is to be treated as responsible or not responsible for another;
(b)  as to circumstances in which persons are to be treated as being or not being members of the same household.""
 

BARONESS MEACHER

20*Insert the following new Clause—
  "Good cause for failure to undertake work-related activity
(1)  The Welfare Reform Act 2007 (c. 5) is amended as follows.
(2)  In section 13(2)(e) at end insert "and it is shown that all appropriate steps have been taken to ensure that the person has had adequate opportunity to demonstrate good cause".
(3)  After subsection (3) insert—
"(3A)  For the purposes of subsection (2)(e) the appropriate steps shall include—
(a)  in relation to a person who has, or is reasonably believed to have, a disability, a mental impairment or a significant communication difficulty—
(i)  all reasonable attempts to visit the person at his usual address; and
(ii)  any support measures that the person requires in order to comply with the provisions of this section.
(b)  in relation to a person who has, or is reasonably believed to have, a disability any reasonable adjustments that should be made under the Disability Discrimination Act 1995.""

 
continue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2009
21 October 2009