Welfare Reform Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Clause 3

 

LORD MCKENZIE OF LUTON

21Page 10, line 2, at end insert—
"(4A)  Regulations under paragraph (c) of subsection (4) 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 description of person prescribed under that paragraph.
(4B)  Subsection (4A) does not apply if regulations under subsection (1)(e) of section 124 of the Benefits Act containing the provision mentioned in subsection (1A) of that section are in force."
 

Schedule 1

 

LORD MCKENZIE OF LUTON

22Page 54, line 30, at end 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."
 

BARONESS MEACHER

23*Page 56, line 45, at end insert—
  "provided that no action plan shall include the requirement to take any surgical or medical treatment"
 

LORD MCKENZIE OF LUTON

24Page 57, line 11, at end insert—
"(5)      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 child who may be affected by it.""
25Page 58, line 42, after "person" insert "—
(a)  "
26Page 58, line 43, after "1A" insert ", and
(b)  who is not a lone parent of a child under the age of 3,"
27Page 59, line 16, at end insert—
"(3A)      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."
28Page 59, line 23, at end insert—
"(4A)      But a direction under subsection (4) 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."
29Page 59, line 34, after "section" insert "—
 "lone parent" means 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;"
 

Clause 7

 

BARONESS TURNER OF CAMDEN

30Page 13, line 7, leave out "any category" and insert "specified categories"
31Page 13, line 9, at end insert "following a detailed report from the Social Security Advisory Council"
 

LORD MCKENZIE OF LUTON

32Page 13, line 36, at end insert—
"(8A)  An order under subsection (2) may not be made unless a draft of the statutory instrument containing the order (whether alone or with other provision) has been laid before, and approved by a resolution of, each House of Parliament."
33Page 13, line 37, leave out "this section is" and insert "subsection (4) is (unless a draft of it has been approved by a resolution of each House of Parliament)"
 

BARONESS THOMAS OF WINCHESTER

 

LORD KIRKWOOD OF KIRKHOPE

34Leave out Clause 7
 

Clause 8

 

BARONESS MEACHER

35*Page 13, line 39, at end insert—
"(   )  In section 14 of the Welfare Reform Act 2007 (c. 5) for subsection (3) substitute—
"(3)  Regulations under this section may, in particular, make provision for action plans which are provided to a person who is subject under section 13 to a requirement to undertake work-related activity to contain particulars of activity which if undertaken would enable the requirement to be met provided that such particulars shall not include taking any surgical or medical treatment.""
 

LORD MCKENZIE OF LUTON

36Page 14, line 8, 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."
 

BARONESS MEACHER

37*Page 14, line 15, at end insert—
"(3)  Before the Secretary of State gives a direction under subsection (1) to a person with a fluctuating condition he must assess that person's condition over a period of time. For the purposes of this section a "fluctuating condition" is one in which the period of illness resulting in limitations associated with the physical or mental condition of a person are episodic in nature."
 

After Clause 8

 

BARONESS THOMAS OF WINCHESTER

 

LORD KIRKWOOD OF KIRKHOPE

38*Insert the following new Clause—
  "Required competencies for persons exercising functions of Secretary of State
(1)  The Welfare Reform Act 2007 (c. 5) is amended as follows.
(2)  After section 16 insert—
"16ARequired competencies
(1)  Any person exercising the functions of the Secretary of State under sections 8, 9, 12, 13, 14, 15, and Schedule 1A and any person authorised under section 16 to carry out those functions, shall be required to have met 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)  for those exercising functions under Schedule 1A, the knowledge and understanding of the needs and requirements of people with dependence on, or propensity to misuse, drugs;
(c)  the courses to be undertaken by persons before such approvals are to be given and during the period for which such approvals have effect;
(d)  the factors to be taken into account in determining whether persons have required competencies as mentioned in subsection (2)."
 

Schedule 3

 

BARONESS MEACHER

39*Page 72, line 14, leave out from beginning to end of line 10 on page 73
 

LORD MCKENZIE OF LUTON

40Page 73, line 33, leave out from beginning to end of line 11 on page 74
 

BARONESS MEACHER

41*Page 74, line 12, leave out from beginning to end of line 39 and insert—
 

"Requirement to attend an assessment for treatment

 6   (1)   Regulations may make provision for or in connection with imposing on a person a requirement to attend an assessment for treatment.
(2)      Regulations under this paragraph must include provision for the requirement mentioned in sub-paragraph (1) to be imposed on a person only if, as a result of an assessment carried out under regulations under paragraph 2, the Secretary of State is satisfied that—
(a)  the person is dependent on, or has a propensity to misuse, any drug, and
(b)  the person's dependency or propensity is a factor affecting the person's prospects of obtaining or remaining in work.
(3)      The requirements are that during the specified period (which may not exceed 52 weeks or, if the case is exceptional, 104 weeks) the person—
(a)  must attend an assessment for treatment by or under the direction of a person having the necessary qualifications or experience,
(b)  must take part in specified interviews, and specified assessments, at specified places and times, and
(c)  must take such other steps (if any) as may be specified, with a view to the reduction or elimination of the person's dependency on, or propensity to misuse, the drug in question.
(4)      Regulations under this paragraph may, in particular, make provision—
(a)  for suspending any jobseeker's agreement to which a person is a party for any period during which the person has consented to a rehabilitation plan;
(b)  for securing that a person who is required to comply with an assessment for treatment provides information, and such evidence as may be prescribed, as to compliance with the assessment.
(5)      A jobseeker's allowance may also be known as a "treatment allowance" at any time when—
(a)  it is payable in respect of a person who is consenting to a rehabilitation plan (or would be so payable if compliance with the plan is assumed), or
(b)  it is payable in respect of a joint-claim couple both members of which are consenting to comply with a rehabilitation plan (or would be so payable if compliance with the plans is assumed).
(6)      Regulations under this paragraph may not impose a requirement on a person at any time unless the person would (apart from the regulations) be required to meet the job seeking conditions at that time.
(7)      Regulations under this paragraph must include provision for securing that a person is not required to submit to medical or surgical treatment without the person's consent."
 

LORD MCKENZIE OF LUTON

42Page 74, line 46, at end insert—
"(5A)      Regulations under this paragraph must include provision for securing that a person is not required to submit to medical or surgical treatment without the person's consent."
43Page 75, leave out lines 9 to 11
44Page 76, line 31, at end insert—
 

"Information

 7A   (1)   Regulations may make provision for or in connection with authorising the supply of information, other than excluded information, held by—
(a)  a police force,
(b)  the probation service, or
(c)  such other person as may be prescribed,
  to a person within sub-paragraph (2) for use for the purposes of any provision of this Schedule.
(2)      The persons within this sub-paragraph are—
(a)  the Secretary of State;
(b)  a person providing services to the Secretary of State;
(c)  an approved person (within the meaning of paragraph 2).
(3)      Information supplied under the regulations may not be supplied by the recipient to any other person unless—
(a)  it could be supplied to that person under the regulations;
(b)  it is supplied for the purposes of any civil or criminal proceedings; or
(c)  it is required to be supplied under any enactment.
(4)      In sub-paragraph (1) "excluded information" means any information relating to or acquired as a result of—
(a)  the provision of medical or surgical treatment or care, or
(b)  the provision of services by a social worker,
  other than information as to whether a person is having (or has had) treatment in respect of the person's use of any drug.
(5)      In sub-paragraph (1) "the probation service" means—
(a)  in England and Wales, a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 or a provider of probation services;
(b)  in Scotland, a local authority within the meaning of the Social Work (Scotland) Act 1968."
45Page 77, line 6, at end insert—
"(4)      In paragraph 19 of Schedule 1 (treatment of information), as inserted by section 27(3) of this Act, after "this Act" insert "(other than paragraph 7A of Schedule A1)"."
 

BARONESS MEACHER

46*Page 80, line 4, leave out from beginning to end of line 3 on page 81
 

LORD MCKENZIE OF LUTON

47Page 81, line 26, leave out from beginning to end of line 5 on page 82
 

BARONESS MEACHER

48*Page 82, line 6, leave out from beginning to end of line 23 on page 83 and insert—

 
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21 October 2009