Debate on bill and Committee proceeding on Tuesday, 20 February 2007, in the House of Lords.
Welfare Reform Bill
Secondary information
- Type
- Parliamentary proceeding
- Reference
- 689 c1-62GC
- Session
- 2006-07
- Legislative stage
- Committee stage
- Chamber / Committee
- House of Lords Grand Committee
- Related items
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Welfare Reform Bill. Brought from the Commons. Explanatory Notes HL Bill 24-EN also published.
Wednesday, 10 January 2007
Bills
House of Lords
- Proceeding contributions
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Baroness Morgan of Drefelin | 689 c57GC (Link to this contribution) From the customer’s point of view, they will have an assessment that will look at entitlement for ES...
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Lord Kirkwood of Kirkhope | 689 c59GC (Link to this contribution) There is a broader point underlying this important group of amendments—the spatial incidence of unem...
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Lord Skelmersdale | 689 c61-2GC (Link to this contribution) It is interesting to reflect that, when he was Secretary of State for Work and Pensions, Alan Johnso...
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Lord McKenzie of Luton | 689 c52GC (Link to this contribution) Absolutely. I agree entirely with the thrust of the noble Lord’s point. We seem to be arguing only a...
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Lord McKenzie of Luton | 689 c12GC (Link to this contribution) The £40 is for a 12-month period. If somebody goes into work, that starts a 12-month period; if they...
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Lord Kirkwood of Kirkhope | 689 c17GC (Link to this contribution) This is a very important issue in principle, although the amendment seeks to change an important par...
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Lord McKenzie of Luton | 689 c10GC (Link to this contribution) I am sorry to keep interrupting. Is the noble Lord’s reference to Access to Work? That is a differen...
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Lord Oakeshott of Seagrove Bay | 689 c9GC (Link to this contribution) To clarify that, will some people be worse off ““over a period””, as the Minister put it?
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Lord McKenzie of Luton | 689 c44GC (Link to this contribution) The noble Lord makes an interesting point. One could do it by discretion or by flexing the current r...
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Lord Skelmersdale | 689 c41GC (Link to this contribution) That will be very welcome to all of us and the various people who have been advising us on this seri...
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Lord Oakeshott of Seagrove Bay | 689 c47GC (Link to this contribution) I want to add one small point arising from what the noble Lord, Lord Skelmersdale, said about the DW...
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Baroness Thomas of Winchester | 689 c50GC (Link to this contribution) Why is Access to Work not well known? I take the point that it is well known in jobcentres and so fo...
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Lord Skelmersdale | 689 c44GC (Link to this contribution) That is well worth considering, although the tidier minds in the department may not approve of what ...
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Lord Skelmersdale | 689 c44GC (Link to this contribution) Half a carrot is better than no carrot at all. I am grateful for that. I will think further and poss...
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Lord Skelmersdale | 689 c33-4GC (Link to this contribution) Amendment No. 48, which has been tabled in my name, is in this group. In speaking to it, I shall spe...
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Countess of Mar | 689 c34GC (Link to this contribution) I support the amendment tabled by the noble Lord, Lord Skelmersdale. He knows that I have spoken abo...
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Lord Skelmersdale | 689 c11GC (Link to this contribution) I thank the Minister and shall be satisfied with that for the moment. The Minister went on to say t...
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Lord McKenzie of Luton | 689 c11GC (Link to this contribution) I apologise for interrupting, but I do not want there to be any misapprehensions. The disability pre...
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Lord McKenzie of Luton | 689 c14-5GC (Link to this contribution) The amendment seeks to provide powers to disregard payments received and ensure that activity undert...
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Lord Morris of Manchester | 689 c13GC (Link to this contribution) I am happy to speak on this amendment and will do so briefly. Refusal to respond positively to it co...
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Baroness Howe of Idlicote | 689 c16GC (Link to this contribution) I have my own particular area of confusion to add. It seemed that what was being indicated was that ...
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Lord Skelmersdale | 689 c18GC (Link to this contribution) moved Amendment No. 4: 4: Schedule 1 , page 52, line 41, leave out paragraph (g) The noble Lord s...
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Lord McKenzie of Luton | 689 c17-8GC (Link to this contribution) On the purpose of the amendment, I emphasise that there are already provisions in the Bill so that t...
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Baroness Thomas of Winchester | 689 c18GC (Link to this contribution) I thank all noble Lords who have spoken on this amendment. I never realised it would give rise to su...
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Lord Skelmersdale | 689 c10GC (Link to this contribution) That makes me even more confused, I am afraid. I shall now have to read out the Answer that the nobl...
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Lord Skelmersdale | 689 c10GC (Link to this contribution) I accept that but, given that the existing experience is based entirely on volunteers and that the n...
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Lord McKenzie of Luton | 689 c10GC (Link to this contribution) I do not altogether follow the noble Lord’s argument; nor do I agree with him that Pathways to Work ...
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Lord Addington | 689 c9GC (Link to this contribution) To come back on that, is it the case that existing claimants are fine, but there is a possibility th...
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Lord McKenzie of Luton | 689 c8-9GC (Link to this contribution) I am grateful to my noble friend for giving me the opportunity to clarify that matter. I confirm tha...
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Lord Addington | 689 c9GC (Link to this contribution) I think the Minister will be able to confirm that the premiums will mean no one will lose out in cas...
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Lord Skelmersdale | 689 c27GC (Link to this contribution) Clearly, I shall have to consider this in some depth. What the Government are proposing is in many c...
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Lord McKenzie of Luton | 689 c27GC (Link to this contribution) If there are any points that I can clarify for the noble Lord, I shall be happy to do so. What is he...
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Lord Skelmersdale | 689 c26-7GC (Link to this contribution) The point of the noble Baroness’s question is that people will not have that advantage until they ac...
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Lord McKenzie of Luton | 689 c27GC (Link to this contribution) The noble Lord is right that if the assessment is completed before the end of week 13, the extra arr...
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Lord McKenzie of Luton | 689 c27GC (Link to this contribution) I will certainly write to noble Lords so that we can try to put this matter to bed. Under existing a...
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Baroness Hollis of Heigham | 689 c27GC (Link to this contribution) If my noble friend explains the difference in levels of support under the current system of SSB, sho...
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Lord Addington | 689 c28GC (Link to this contribution) moved Amendment No. 7: 7: Clause 2, page 2, line 29, leave out paragraph (c) The noble Lord said:...
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Lord Addington | 689 c29GC (Link to this contribution) I thank the Minister for saying that. If I heard him correctly, the affirmative procedure will be br...
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Baroness Thomas of Winchester | 689 c30-1GC (Link to this contribution) From these Benches, I support the amendments. The Minister made a very welcome announcement at Secon...
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Lord Kirkwood of Kirkhope | 689 c29GC (Link to this contribution) It is not unusual to use them the other way round either. I think that I am against the amendment be...
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Baroness Hollis of Heigham | 689 c20GC (Link to this contribution) I support my noble friend on that. There is a real problem in defining full-time education. There ar...
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Lord Skelmersdale | 689 c20-1GC (Link to this contribution) I am delighted to hear it. I beg leave to withdraw the amendment. Amendment, by leave, withdrawn. ...
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Lord Skelmersdale | 689 c21-2GC (Link to this contribution) moved Amendment No. 5: 5: Clause 2, page 2, line 27, leave out paragraph (a) The noble Lord said:...
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Lord Skelmersdale | 689 c24GC (Link to this contribution) Does that still mean that the date of claim becomes the operative date, even though it is four month...
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Lord McKenzie of Luton | 689 c24-5GC (Link to this contribution) I think that on that basis the date of claim—the commencement of the assessment phase—would be at th...
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Lord Kirkwood of Kirkhope | 689 c25GC (Link to this contribution) I think that I am clear about what is supposed to happen in these circumstances, but I have had expe...
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Lord McKenzie of Luton | 689 c26GC (Link to this contribution) To answer that question you have to look at the whole of the benefit. I have already said that, if y...
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Lord McKenzie of Luton | 689 c43-4GC (Link to this contribution) To clarify, it is one year. Perhaps I should have said, ““any softening at the end of that one year ...
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Lord McKenzie of Luton | 689 c50GC (Link to this contribution) The point is well made. The research on Access to Work shows that applications come from a range of ...
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Lord Skelmersdale | 689 c45-6GC (Link to this contribution) moved Amendment No. 27: 27: Clause 8 , page 6, line 8, leave out ““by”” and insert ““on the ground...
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Baroness Thomas of Winchester | 689 c46-7GC (Link to this contribution) I shall speak to Amendments Nos. 57 and 58, which state that the healthcare professional must assess...
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Lord McKenzie of Luton | 689 c41GC (Link to this contribution) I am awaiting a prod from the Box. My understanding is that it will be ab initio, from the date of t...
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Lord Skelmersdale | 689 c39-40GC (Link to this contribution) moved Amendment No. 15: 15: Clause 2 , page 3, line 2, at end insert— ““( ) For the purposes of th...
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Baroness Morgan of Drefelin | 689 c57GC (Link to this contribution) It needs to be made clear that although the Bill has separate clauses—Clause 8 and Clause 9—in reali...
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Lord Skelmersdale | 689 c57GC (Link to this contribution) So, as I said, those assessed as being in the non-support group will undergo a further work-focused ...
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Lord Addington | 689 c56GC (Link to this contribution) If it is functional capacity that is being tested, what is the process by which that is assessed if ...
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Baroness Morgan of Drefelin | 689 c55-6GC (Link to this contribution) I feel well and truly welcomed to my position and to this Committee. I thank noble Lords for their w...
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Lord Skelmersdale | 689 c61GC (Link to this contribution) The report that he receives from the health professional?
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Baroness Morgan of Drefelin | 689 c61GC (Link to this contribution) The decision-maker is a member of staff at Jobcentre Plus and will make the decision on entitlement ...
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Lord McKenzie of Luton | 689 c62GC (Link to this contribution) This may be a convenient moment for the Committee to adjourn to Wednesday 28 February at 3.45 pm.
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Lord Skelmersdale | 689 c62GC (Link to this contribution) I am not sure that whether it is fair or unfair. I shall have to ponder further on this one. However...
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Lord Lyell | 689 c62GC (Link to this contribution) The Committee stands adjourned until Wednesday28 February at 3.45 pm. The Committee adjourned at 7....
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Baroness Morgan of Drefelin | 689 c62GC (Link to this contribution) The current PCA was introduced in 1995, and the comments made about it being stringent could apply t...
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Lord Oakeshott of Seagrove Bay | 689 c54GC (Link to this contribution) I welcome the noble Baroness, Lady Morgan, on behalf of the rather large Liberal Democrat team. I th...
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Lord McKenzie of Luton | 689 c51-2GC (Link to this contribution) In relation to whether the PCA should reflect socio-economic factors, of course it has an impact on ...
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Lord Skelmersdale | 689 c51GC (Link to this contribution) Well into the middle of the Minister’s answer, I was worried that it was a purely personal departmen...
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Lord Skelmersdale | 689 c52GC (Link to this contribution) Perhaps what I am looking for is work to welfare reforms rather than welfare to work reforms. Having...
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Lord McKenzie of Luton | 689 c11GC (Link to this contribution) The answer that I can give is the answer that I have already given. We simply have not set the rate ...
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Lord Skelmersdale | 689 c12GC (Link to this contribution) That explanation is very helpful and will be extremely welcome to the various people advising me. I ...
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Lord McKenzie of Luton | 689 c16-7GC (Link to this contribution) I will try to deal with each of those points. On the specific question about whether there would be ...
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Baroness Gould of Potternewton | 689 c1GC (Link to this contribution) Good afternoon. Before I call the first amendment I have to tell Members of the Committee that, if t...
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Lord Skelmersdale | 689 c10GC (Link to this contribution) There is an expression about quitting while you are ahead. Quitting while you are behind is equally ...
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Lord Skelmersdale | 689 c9-10GC (Link to this contribution) I am extremely grateful to the Minister. I appreciate that I asked a long list of questions, some of...
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Lord McKenzie of Luton | 689 c9GC (Link to this contribution) I stress again that the new rate has not been set and, until it has, it is not sensible to try to dr...
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Lord McKenzie of Luton | 689 c4-8GC (Link to this contribution) I shall start in the same vein as the noble Lord, Lord Skelmersdale, by acknowledging the expertise ...
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Baroness Hollis of Heigham | 689 c8GC (Link to this contribution) I welcome my noble friend’s comments about, in due course, a mandatory transfer of people on existin...
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Lord Skelmersdale | 689 c27-8GC (Link to this contribution) I am sure we all understand that now. However, should the assessment be completed early, there would...
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Lord Oakeshott of Seagrove Bay | 689 c27GC (Link to this contribution) As progress has been fairly slow so far, perhaps I could suggest that that is done in writing. That ...
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Lord Skelmersdale | 689 c30GC (Link to this contribution) moved Amendment No. 13: 13: Clause 2, page 2, line 45, after ““condition”” insert ““(or both)”” T...
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Lord McKenzie of Luton | 689 c31-2GC (Link to this contribution) I know that noble Lords and the disability lobby are keen to ensure that we consider both physical a...
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Lord Skelmersdale | 689 c20GC (Link to this contribution) There is certainly a provision about education but, from what the Minister was saying earlier, he do...
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Lord McKenzie of Luton | 689 c20GC (Link to this contribution) In paragraph 6(4) of Schedule 1, there is provision for regulations to cover the issue of education....
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Lord Oakeshott of Seagrove Bay | 689 c25GC (Link to this contribution) I thank the Minister for reading carefully into the record how he sees the system working in future,...
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Lord Kirkwood of Kirkhope | 689 c44GC (Link to this contribution) Why do we not extend the principle of flexibility that the Minister rightly frowns on and give discr...
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Lord McKenzie of Luton | 689 c42-3GC (Link to this contribution) The income-related employment support allowance replaces income support for people with an incapacit...
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Lord Skelmersdale | 689 c41-2GC (Link to this contribution) moved Amendment No. 16: 16: Clause 4 , page 4, line 10, leave out paragraph (b) The noble Lord sa...
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Lord McKenzie of Luton | 689 c47-50GC (Link to this contribution) This group of amendments concerns employers and attitudes of employers and what the Government will ...
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Lord McKenzie of Luton | 689 c44GC (Link to this contribution) That is certainly right on the contributory allowance component. It would not operate that way; we s...
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Lord Haskel | 689 c45GC (Link to this contribution) Before I call the next amendment, I should say in regard to the amendments in the name of the noble ...
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Lord McKenzie of Luton | 689 c38-9GC (Link to this contribution) The noble Lord is quite right; Basildon was one of the earlier pilots. I do not have the case load d...
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Lord Oakeshott of Seagrove Bay | 689 c38GC (Link to this contribution) I should like to press the Minister on behalf of my noble friend Lord Kirkwood. I am sure that he me...
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Countess of Mar | 689 c37GC (Link to this contribution) The problem with ME is that people can suddenly be tipped from being mildly or moderately affected i...
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Lord McKenzie of Luton | 689 c35-7GC (Link to this contribution) These amendments focus on access to the support group and specifically on ensuring support group sta...
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Lord Addington | 689 c33GC (Link to this contribution) moved Amendment No. 14: 14: Clause 2 , page 3, line 2, at end insert ““, or ( ) he is undergoing o...
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Lord Addington | 689 c40GC (Link to this contribution) I support the amendments. Natural justice is being served by trying to bring this into the Bill. If ...
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Lord Oakeshott of Seagrove Bay | 689 c39GC (Link to this contribution) The noble Lord is an accountant and will be well aware that costs are calculated by multiplying the ...
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Lord Addington | 689 c39GC (Link to this contribution) This has been an interesting debate which has gone quite wide of the wording of the amendment, and h...
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Lord McKenzie of Luton | 689 c39GC (Link to this contribution) I shall write to the noble Lord on that point and give him as full a reply as I can. It is a very re...
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Baroness Morgan of Drefelin | 689 c58GC (Link to this contribution) I shall make one last point on this. It may not be the same health professional, but we must not for...
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Lord Skelmersdale | 689 c57GC (Link to this contribution) That is extremely helpful, and I have not had the assessments explained to me in that way before. So...
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Lord Skelmersdale | 689 c57GC (Link to this contribution) I am very grateful to the noble Baroness. I have been labouring on these assessments under what appe...
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Baroness Morgan of Drefelin | 689 c56-7GC (Link to this contribution) The point that we need to look at is on the personal capability assessment descriptors that are very...
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Lord Skelmersdale | 689 c61GC (Link to this contribution) I am not sure that I followed all that, and I have still not understood where the decision-maker fit...
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Baroness Thomas of Winchester | 689 c59GC (Link to this contribution) That is all right then.
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Baroness Thomas of Winchester | 689 c59GC (Link to this contribution) I thought that the noble Lord, Lord Skelmersdale, said that he was speaking to Amendment No. 33. Did...
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Lord Kirkwood of Kirkhope | 689 c54GC (Link to this contribution) I do not want to be left out of this welcome. It is a great pleasure. This is my first Committee, so...
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Lord Skelmersdale | 689 c52GC (Link to this contribution) Again, that is more of a departmental answer than the one I was hoping to get from the noble Lord, w...
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Lord Skelmersdale | 689 c52-3GC (Link to this contribution) moved Amendment No. 30: 30: Clause 8 , page 6, line 17, at end insert— ““( ) make provision as to ...
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Lord Addington | 689 c53-4GC (Link to this contribution) I must express a degree of envy. The noble Lord has put down an extremely good amendment that comes ...
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Lord Skelmersdale | 689 c11-2GC (Link to this contribution) I am grateful for that clarification; I clearly noted it down slightly wrongly. As for linking rule...
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Baroness Thomas of Winchester | 689 c12-3GC (Link to this contribution) moved Amendment No. 3: 3: After Clause 1, insert the following new Clause— ““Service users (1) Thi...
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Lord Skelmersdale | 689 c13-4GC (Link to this contribution) One of my correspondents told me of an individual who is currently in receipt of incapacity benefit ...
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Lord Skelmersdale | 689 c16GC (Link to this contribution) To cut the mustard, I understood the Minister to be saying that disregard, permitted hours and the l...
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Baroness Hollis of Heigham | 689 c15-6GC (Link to this contribution) Perhaps my noble friend can assist me further. Is the department proposing to issue some guidance—fo...
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Lord Oakeshott of Seagrove Bay | 689 c16GC (Link to this contribution) After that contribution, I feel that we on this side of the Room will enjoy the Committee more than ...
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Lord Oakeshott of Seagrove Bay | 689 c18-9GC (Link to this contribution) We on these Benches also look forward to the Government explaining how they propose to deal with thi...
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Lord Skelmersdale | 689 c11GC (Link to this contribution) I shall go on to the supplementary questions asked by the noble Lord, Lord Addington. Some of our co...
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Lord McKenzie of Luton | 689 c10GC (Link to this contribution) To be clear, the Pathways have been mandatory for new customers with the six work-focused interviews...
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Lord McKenzie of Luton | 689 c9GC (Link to this contribution) The position of all existing claimants will be protected in cash terms. They cannot and will not be ...
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Lord McKenzie of Luton | 689 c9GC (Link to this contribution) Yes, it is possible because the allowance will deal with people in a different way. It is a differen...
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Lord Skelmersdale | 689 c1-4GC (Link to this contribution) moved Amendment No. 1: 1: Clause 1 , page 1, line 5, leave out subsection (1) The noble Lord said...
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Lord Addington | 689 c4GC (Link to this contribution) I shall restrict my comments to Amendment No. 18 in this group. We are in the process of trying to g...
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Lord McKenzie of Luton | 689 c26GC (Link to this contribution) That must be taken into account in the generality of the scheme. I stress that people in the support...
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Lord McKenzie of Luton | 689 c29GC (Link to this contribution) The noble Lord tempts me to stray into areas where I should not go. I welcome his support on the bas...
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Lord McKenzie of Luton | 689 c29GC (Link to this contribution) I referred to the regulations under the provisions which the noble Lord is seeking to delete. We hav...
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Lord Addington | 689 c29-30GC (Link to this contribution) That would give us a chance to discuss this further to see whether any further clarification was nee...
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Lord Skelmersdale | 689 c32GC (Link to this contribution) I am grateful for that. I see on pages 39 to 42 of what I referred to earlier as the little red book...
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Lord McKenzie of Luton | 689 c28-9GC (Link to this contribution) These amendments cover issues that are common to Clauses 2 and 4, which relate to the structure of t...
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Lord McKenzie of Luton | 689 c20GC (Link to this contribution) I stressed earlier that we are looking into the most appropriate way to carry forward the current pr...
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Lord Skelmersdale | 689 c19-20GC (Link to this contribution) I have no option but to withdraw the amendment, but it occurs to me that this paragraph is very loos...
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Lord McKenzie of Luton | 689 c20GC (Link to this contribution) The issue of education and benefits and the question of who can and cannot access benefits is comple...
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Lord McKenzie of Luton | 689 c19GC (Link to this contribution) The amendment would change the conditions of entitlement to the income-related allowance. It would r...
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Lord Oakeshott of Seagrove Bay | 689 c22-3GC (Link to this contribution) I shall speak to Amendments Nos. 6, 9, 12, 23 and 26 in my name and that of my noble friend Lord Add...
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Lord McKenzie of Luton | 689 c25GC (Link to this contribution) The information that we have obtained from the Pathways pilots has caused us to determine 13 weeks a...
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Lord McKenzie of Luton | 689 c26GC (Link to this contribution) I am happy to try again. It is self-evident that, if you pay work-related activity components or sup...
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Lord Oakeshott of Seagrove Bay | 689 c26GC (Link to this contribution) The question we are asking is: will it be earlier or later than now?
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Lord McKenzie of Luton | 689 c23-4GC (Link to this contribution) The amendments relate to the assessment phase of ESA. They would affect our ability to set the level...
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Baroness Meacher | 689 c26GC (Link to this contribution) I have a lot of sympathy for this amendment, particularly in relation to the support group, who I un...
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Lord Skelmersdale | 689 c43GC (Link to this contribution) Earlier this afternoon, the Minister corrected me when I spoke about two years of the £40-a-week pay...
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Lord McKenzie of Luton | 689 c41GC (Link to this contribution) I shall be as clear as I can. It is the date of the claim unless there is a backdating entitlement. ...
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Lord McKenzie of Luton | 689 c41GC (Link to this contribution) Earlier than the date of the claim. Practically speaking, you could not have paid before the date of...
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Lord Kirkwood of Kirkhope | 689 c38GC (Link to this contribution) May I add to the Minister’s burden, if he is going to write me a letter, to which I look forward? I ...
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Lord McKenzie of Luton | 689 c37-8GC (Link to this contribution) The noble Countess emphasises a good point. It is obviously important that healthcare professionals ...
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Lord Kirkwood of Kirkhope | 689 c35GC (Link to this contribution) I shall pose a couple of questions on this important group of amendments. They relate to the experie...
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Lord Skelmersdale | 689 c41GC (Link to this contribution) That is exactly what the Minister said the first time. I am trying to establish the point of entitle...
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Lord Skelmersdale | 689 c41GC (Link to this contribution) That is welcome as far as it goes, but only as far as it goes. I am delighted that there will be bac...
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Lord McKenzie of Luton | 689 c40-1GC (Link to this contribution) I thank noble Lords for speaking to the amendments, which cover a sensitive topic that was raised du...
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Lord Addington | 689 c39GC (Link to this contribution) That is a better response than I had thought or hoped for. I thank the Minister for that, and I hope...
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Lord Skelmersdale | 689 c58GC (Link to this contribution) We will move on to the role and the contract terms of the personal adviser a later on, probably next...
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Baroness Morgan of Drefelin | 689 c61GC (Link to this contribution) The report that he receives from the health professional who has done the assessments under Clauses ...
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Baroness Morgan of Drefelin | 689 c59-61GC (Link to this contribution) The point about geography is essential. The drive behind these developments is to focus on the right...
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Lord Skelmersdale | 689 c59GC (Link to this contribution) Amendment No. 43.
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Lord Skelmersdale | 689 c58-9GC (Link to this contribution) moved Amendment No. 31: 31: Clause 8 , page 6, line 17, at end insert— ““( ) ensure consistency of...
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Baroness Masham of Ilton | 689 c55GC (Link to this contribution) From a Cross-Bench position, I support the amendments. Disability is exceedingly complex; when you a...
- Subjects
- Disability Children Disability living allowance Charities Benefits rules Administration Cancer Advisory services ME/CFS Employment Education Incapacity benefit Medical examinations Pilot schemes Qualifications Mental health Social security benefits Training Students Unemployed people Voluntary work Pathways to work programme
- Legislation
- Welfare Reform Bill 2005-06 to 2006-07
- Link
- View this Parliamentary proceeding on www.publications.parliament.uk
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