Welfare Reform Bill Notice of Amendments tabled on 5 February 2015 for Consideration Stage

Clause 10, Page 4, Line 36

At end insert -

‘(2A) Where an additional amount under subsection (2) can be awarded at two different rates, the lower rate shall be no less than two thirds of the higher rate.

Mr Steven Agnew

Clause 11, Page 5, Line 25

At end insert -

‘(4A) Regulations under subsection (4) shall provide that any calculation involving a reduction based on the age of the claimant shall not take effect for a period of 52 weeks in respect of any new claimant.’

Mr Steven Agnew

Clause 11, Page 5, Line 31

At end insert -

‘(iii) to continue for a period of four weeks after a claimant is employed.’

Mr Steven Agnew

Clause 16, Page 7, Line 35

Leave out ‘approved by the Department’ and insert ‘employed by a HSC Trust or who is a general practitioner’

Mr Steven Agnew

Clause 26, Page 13, Line 13

Leave out ‘3 years’ and insert ‘26 weeks’

Mr Steven Agnew

Clause 44, Page 20,

Leave out from line 40 to line 6 on page 21 and insert -

‘shall not be made unless a draft of the regulations has been laid before and approved by a resolution of the Assembly.’

Mr Steven Agnew

Clause 44, Page 21, Line 32

Leave out subsection (6)

Mr Steven Agnew

Clause 47, Page 25, Line 29

Leave out ‘3 years’ and insert ‘26 weeks’

Mr Steven Agnew

Clause 50, Page 35, Line 14

Leave out ‘3 years’ and insert ‘26 weeks’

Mr Steven Agnew

Clause 52, Page 39

Leave out lines 7 to 12

Mr Steven Agnew
Mrs Dolores Kelly
Mr Alex Attwood

New Clause

After clause 54 insert -

‘Condition relating to youth

54A. In paragraph 4 of Schedule 1 to the Welfare Reform Act 2007 (condition relating to youth) after sub-paragraph (1)(d) insert—

“(e) after the assessment phase has ended, the claimant has limited capacity for work-related activity”.’

Mr Steven Agnew

Clause 79, Page 60, Line 31

At end insert -

‘( ) must provide that a person carrying out an assessment under paragraph (a) or determining a question under subsection (1) or (2) shall be a health care professional employed by a HSC Trust or a general practitioner;’

Mr Steven Agnew

Clause 80, Page 61, Line 19

Leave out ‘9 months’ and insert ‘6 months’

Mr Steven Agnew

Clause 80, Page 61, Line 33

Leave out ‘“the next 9 months” means the 9 months’ and insert ‘“the next 6 months” means the 6 months’

Mr Steven Agnew

Clause 93, Page 65

Leave out lines 16 to 22 and insert ‘shall not be made unless a draft of the regulations has been laid before and approved by a resolution of the Assembly.’

Mr Steven Agnew

Clause 93, Page 65, Line 33

Leave out subsection (7)

Mr Steven Agnew

New Clause

After clause 100 insert -

‘Payment of awards in cash

100A. The Department shall ensure that a claimant under this Act who has no access to a bank account shall have access to any relevant award in cash.’

Mr Steven Agnew

New Clause

After clause 101 insert -

‘Payments pending appeal

101A. In Section 5(1) of the Social Security Administration Act (NI) 1992 (regulations about claims and payments) after paragraph (r) insert—

“(s) for the making of a payment pending appeal”.’

Mr Steven Agnew

Clause 103, Page 71, Line 30

At end insert -

‘(8) Subsection (1) does not apply unless it is determined that, whether fraudulently or otherwise, the claimant has misrepresented, or failed to disclose, any material fact.’

Mr Steven Agnew

Clause 115

The Member listed below gives notice of his intention to oppose the question that clause 115 stand part of the Bill.

Mr Steven Agnew

New Clause

After clause 120 insert -

‘Review of the Welfare Reform Act

120A.—(1) The Department must—

(a) not later than 3 years after the commencement of this Act, and

(b) at least once in every period of 5 years thereafter, publish an independent report on the operation and effectiveness of this Act and any regulations made
under its provisions.

(2) Without prejudice to the generality of subsection (1), any report produced under that subsection shall include—

(a) an assessment of the impact of the Act on—

(i) the number of people with a disability living in poverty;

(ii) the number of children living in poverty;

(iii) the financial impact on woman claimants;

and

(b) recommendations for legislative change to remedy any negative impact of the Act on any of the categories of person listed in section 75 of the Northern Ireland Act 1998.

(3) The Department shall lay before the Assembly as soon as is reasonably practical after publication any report produced under subsection (1) and shall propose a debate on the report in the Assembly not less than one week and no more than six weeks after the report is laid.’

Mr Steven Agnew

Clause 132, Page 94, Line 28

At end insert -

‘“general practitioner” means a medical practitioner providing primary medical services;

“HSC Trust” means a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (NI 1);’

Mr Steven Agnew

Schedule 1, Page 98, Line 17

Leave out sub-paragraph (4)

Mr Steven Agnew

Schedule 1, Page 98, Line 32

Leave out paragraph 6

Mr Steven Agnew

Schedule 1, Page 99, Line 5

Leave out paragraph 7

Mr Steven Agnew

Clause 4, Page 3, Line 5

At end insert -

‘(8) Regulations shall provide, in circumstances where one member of a couple does not accept a claimant commitment within a prescribed period, that the claim may be considered as a claim by the other member of the couple as a single person.’

Mr Roy Beggs
Mr Robin Swann

New Clause

After clause 76 insert -

‘Pilot scheme

76A. The Department shall arrange for the operation of at least one pilot scheme in relation to this Part for the purposes of testing the effectiveness of arrangements for making personal independence payments and the outcomes for claimants.’

Mr Roy Beggs
Mr Robin Swann

Clause 79, Page 60, Line 27

At end insert -

‘(2A) Any person determining a question mentioned in subsection (1) or (2) shall take account of relevant medical evidence.’

Mr Roy Beggs
Mr Robin Swann

Clause 6, Page 3, Line 28

Leave out ‘7’ and insert ‘3’

Mrs Dolores Kelly
Mr Alex Attwood
Mr Alban Maginness
Mr Pat Ramsey

New Clause

After clause 6 insert -

‘Joint claims where one party does not accept claimant commitment

6A. In a claim by members of a couple jointly, where one party does not accept a claimant commitment the claim shall proceed as if the party who has signed a claimant commitment had made a single person claim and payment shall be made to that party.’

Mrs Dolores Kelly
Mr Alex Attwood
Mr Alban Maginness
Mr Pat Ramsey

New Clause

After clause 6 insert -

‘Provision of Claimant Documentation

6B. Regulations must provide, if a claimant is unable to provide documentation required to process a claim, for the information to be provided by prescribed third parties to enable the claim to be processed.’

Mrs Dolores Kelly
Mr Alex Attwood
Mr Alban Maginness
Mr Pat Ramsey

Clause 14, Page 6, Line 32
At end insert -

‘(a) in preparing, reviewing and updating a claimant commitment under subsection (2) the Department shall have due regard for the claimant’s skills, experience, caring responsibilities and physical and mental ill health.’

Mrs Dolores Kelly
Mr Alex Attwood
Mr Alban Maginness
Mr Pat Ramsey

Clause 16, Page 7, Line 41

At end insert -

‘(c) any decision taken under subsection (5) shall take account of relevant medical evidence including evidence of mental ill health.’

Mrs Dolores Kelly
Mr Alex Attwood
Mr Alban Maginness
Mr Pat Ramsey

Clause 24, Page 12, Line 3

Leave out ‘—’ and insert ‘or an incident motivated by hate—’

Mrs Dolores Kelly
Mr Alex Attwood
Mr Alban Maginness
Mr Pat Ramsey

Clause 24, Page 12, Line 15

At end insert -

‘(9) For the purposes of subsection (7)—

(a) an ‘incident motivated by hate’ has such meaning as may be prescribed;

(b) a ‘victim of an incident motivated by hate’ means a person on or against whom an incident motivated by hate is inflicted or threatened (and regulations under subsection (7) may prescribe circumstances in which a person is to be treated as being or not being a victim of a serious incident motivated by hate)’;

(c) a person has recently been a victim of an incident motivated by hate if a prescribed period has not expired since the incident was inflicted or threatened.’

Mrs Dolores Kelly
Mr Alex Attwood
Mr Alban Maginness
Mr Pat Ramsey

Clause 27, Page 14, Line 20

At end insert -

‘(10) A claimant shall be provided with at least fifteen days to provide a good reason under any such requirement in this section.’

Mrs Dolores Kelly
Mr Alex Attwood
Mr Alban Maginness
Mr Pat Ramsey

New Clause

After clause 37 insert -

‘The Independent Living Fund

37A. The Department shall bring forward within 18 months of commencement of this Act a fund to replace the Independent Living Fund, following consultation with the Department for Employment and Learning and the Department of Health, Social Services and Public Safety.’

Mrs Dolores Kelly
Mr Alex Attwood
Mr Alban Maginness
Mr Pat Ramsey

Clause 38, Page 17, Line 29

At end insert -

‘and any such assessment shall take account of relevant medical evidence including evidence of mental ill health.’

Mrs Dolores Kelly
Mr Alex Attwood
Mr Alban Maginness
Mr Pat Ramsey

Clause 42, Page 20, Line 16

At end insert -

‘(7) Within six months of a pilot scheme being initiated under section 41 of the Welfare Reform Act 2012 the Department shall bring forward a similar pilot scheme in Northern Ireland under this section.’

Mrs Dolores Kelly
Mr Alex Attwood
Mr Alban Maginness
Mr Pat Ramsey

Clause 54, Page 40, Line 19

At end insert -

‘unless the claimant had made contributions before the commencement of this Act’

Mrs Dolores Kelly
Mr Alex Attwood
Mr Alban Maginness
Mr Pat Ramsey

Clause 61

The Members listed below give notice of their intention to oppose the question that clause 61 stand part of the Bill.

Mrs Dolores Kelly
Mr Alex Attwood
Mr Alban Maginness
Mr Pat Ramsey

Clause 62

The Members listed below give notice of their intention to oppose the question that clause 62 stand part of the Bill.

Mrs Dolores Kelly
Mr Alex Attwood
Mr Alban Maginness
Mr Pat Ramsey

Clause 63

The Members listed below give notice of their intention to oppose the question that clause 63 stand part of the Bill.

Mrs Dolores Kelly
Mr Alex Attwood
Mr Alban Maginness
Mr Pat Ramsey

Clause 79, Page 60, Line 27

At end insert -

‘(2A) Any person determining a question mentioned in subsection (1) or (2) must take account of relevant medical evidence including evidence of mental ill health.’

Mrs Dolores Kelly
Mr Alex Attwood
Mr Alban Maginness
Mr Pat Ramsey

Clause 95, Page 66, Line 30

At end insert -

‘(5) Notwithstanding subsections (1) and (4) the benefit cap shall not be applied to child benefit or to any benefits a claimant receives for caring responsibilities, carer’s allowance or additional amounts received within Universal Credit for claimants with regular and substantial caring responsibilities under section 10 or section 12.’

Mrs Dolores Kelly
Mr Alex Attwood
Mr Alban Maginness
Mr Pat Ramsey

New Clause

After clause 120 insert -

‘Duty to ensure access to independent advice

120A.—(1) The Department shall ensure that any person making a claim under this Act shall be entitled to have access to independent confidential advice and assistance provided free of charge in relation to making a claim under this Act.

(2) For the purposes of section (120) the Department must bring forward guidance on the independent confidential advice and assistance which is to be provided in consultation with the Northern Ireland Advice Services Consortium, within 3 months of the commencement of this section.’

Mrs Dolores Kelly
Mr Alex Attwood
Mr Alban Maginness
Mr Pat Ramsey

New Clause

Page 94, after line 19 insert -

‘Impact of Regulations on Victims and Survivors

130A. The Department must ensure that regulations under this Act are prepared with due regard for the impact on victims and survivors of the past in consultation with the Northern Ireland Commission for Victims and Survivors.’

Mrs Dolores Kelly
Mr Alex Attwood
Mr Alban Maginness
Mr Pat Ramsey

New Clause

Page 94, after line 19 insert -

‘Annual Report by Department

130B. The Department shall be required to table a report in the Assembly on the implementation of this Act as it affects welfare provision in Northern Ireland and on the financial arrangements governing and applicable to welfare expenditure in Northern Ireland within six months of the commencement of this Act and on an annual basis thereafter.’

Mrs Dolores Kelly
Mr Alex Attwood
Mr Alban Maginness
Mr Pat Ramsey

New Clause

Page 94, after line 19 insert -

‘Welfare Reform Committee

130C. There shall be established a committee of the Assembly which shall monitor the implementation of this Act as it affects welfare provision in Northern Ireland and to consider relevant Northern Ireland legislation and other consequential arrangements.’

Mrs Dolores Kelly
Mr Alex Attwood
Mr Alban Maginness
Mr Pat Ramsey

New Clause

Page 94, after line 19 insert -

‘Review

130D. The Northern Ireland Joint Standards Committee for the Social Security Agency and Child Maintenance Service shall monitor the standards and quality of decision making with regards to the sanctions defined under this Act and report to the Social Security Agency and Child Maintenance Service on an annual basis.’

Mrs Dolores Kelly
Mr Alex Attwood
Mr Alban Maginness
Mr Pat Ramsey

Find MLAs

tools-map.png

Locate MLAs

Search

News and Media Centre

tools-media.png

Read press releases, watch live and archived video

Find out more

Follow the Assembly

tools-social.png

Keep up-to-date with the Assembly

Find out more