Report (2nd Day) (Continued)

Part of Welfare Reform and Work Bill – in the House of Lords at 9:15 pm on 27th January 2016.

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Photo of Baroness Sherlock Baroness Sherlock Shadow Spokesperson (Work and Pensions), Opposition Senior Whip (Lords) 9:15 pm, 27th January 2016

My Lords, I thank the Minister for that response. I hope that he will take away again the point about the DPRRC. I certainly welcome the move to refer the regulations to SSAC but, welcome though SSAC is and much as I respect its expertise, it is not Parliament. Parliament should have the opportunity to debate this. He mentioned that the DPRRC recognises that regulations for loans for the grant scheme were negative. I am working from memory but I think that the committee pointed out that, had the draft regulations been available, it would have recommended negative in the ordinary run of things because the original regulations had been negative. In fact, the draft regulations were not available, which is why it recommended the affirmative procedure. Will he go away and think about that?

The fact that the Minister said that the service normally will be by telephone gives me a glimmer of hope that the department might be willing to consider a face-to-face service for vulnerable consumers. I hope he will consider that. I will not take on the point made by the noble Lord, Lord Young, although I disagree with him. Given the lateness of the hour and the fact that we went around this issue fairly effectively in Committee, I will set that to one side. I thank the Minister for his other comments. I hope that when he looks at the record he will check the presumptions that I have made as to the operation of the scheme.

Should any of those prove to be wrong and not to have been corrected by him, I hope that he will write to me. On that basis, I beg leave to withdraw the amendment.

Amendment 46E withdrawn.

Amendment 46F not moved.

Clause 18: Consequential amendments

Amendments 47 to 49

Moved by Lord Freud

47: Clause 18, page 17, line 36, at end insert—

“( ) In section 170 of the Social Security Administration Act 1992 (Social Security Advisory Committee), in subsection (5)—

(a) in the definition of “the relevant enactments”, after paragraph (an) insert—

“(ao) sections 16, 17 and 19 of the Welfare Reform and Work Act 2016;”;

(b) in the definition of “the relevant Northern Ireland enactments”, after paragraph (an) insert—

“(ao) any provisions in Northern Ireland which correspond to sections 16, 17 and 19 of the Welfare Reform and Work Act 2016;”.”

48: Clause 18, page 17, line 36, at end insert—

“( ) In section 2 of the Social Security Act 1998 (use of computers), in subsection (2)—

(a) omit the “or” after paragraph (m);

(b) after paragraph (n) insert “or

(o) sections 16 to 19 of the Welfare Reform and Work Act 2016.”

( ) In section 8 of the Social Security Act 1998 (decisions by Secretary of State)—

(a) in subsection (3) (meaning of “relevant benefit”), after paragraph (bb) insert—

“(bc) a loan under section 16 of the Welfare Reform and Work Act 2016;”;

(b) in subsection (4) (meaning of “relevant enactment”), for “or section 30 of that Act” substitute “, section 30 of that Act or sections 16 to 19of the Welfare Reform and Work Act 2016”.

( ) In section 11 of the Social Security Act 1998 (regulations with respect to decisions), in subsection (3), in the definition of “the current legislation”, for “and section 30 of that Act” substitute “, section 30 of that Act and sections 16 to 19 of the Welfare Reform and Work Act 2016”.

( ) In section 28 of the Social Security Act 1998 (correction of errors and setting aside of decisions), in subsection (3)—

(a) omit the “or” after paragraph (i);

(b) after paragraph (j) insert “; or

(k) sections 16 to 19 of the Welfare Reform and Work Act 2016.”

( ) In section 39 of the Social Security Act 1998 (interpretation etc of Chapter 2 of Part 1), after subsection (1) insert—

“(1A) In this Chapter—

(a) a reference to a benefit includes a reference to a loan under section 16 of the Welfare Reform and Work Act 2016;

(b) a reference to a claim for a benefit includes a reference to an application for a loan under section 16 of the Welfare Reform and Work Act 2016;

(c) a reference to a claimant includes a reference to an applicant for a loan under section 16 of the Welfare

Reform and Work Act 2016 or, in relation to a couple jointly applying for a loan under that section, a reference to the couple or either member of the couple;

(d) a reference to an award of a benefit to a person includes a reference to a decision that a person is eligible for a loan under section 16 of the Welfare Reform and Work Act 2016;

(e) a reference to entitlement to a benefit includes a reference to eligibility for a loan under section 16 of the Welfare Reform and Work Act 2016.””

49: Clause 18, page 17, line 41, at end insert—

“( ) In section 131 of the Welfare Reform Act 2012 (information-sharing in relation to welfare services etc), in subsection (12), in the definition of “relevant social security benefit” for the words from “has” to the end substitute “means—

(a) a relevant social security benefit as defined in section 121DA(7) of the Social Security Administration Act 1992, or

(b) a loan under section 16 of the Welfare Reform and Work Act 2016 (loans for mortgage interest etc);”.”

Amendments 47 to 49 agreed.

Clause 22: Exceptions

Amendment 50

Moved by Lord Best

50: Clause 22, page 21, line 8, at end insert—

“(c) the accommodation is owned by a fully mutual housing co-operative within the meaning of paragraph 12(1)(h) of Schedule 1 to the Housing Act 1988 (local authority tenancies etc);

(d) the accommodation is owned by a community land trust within the meaning of section 79 of the Housing and Regeneration Act 2008 (English bodies).”