New clause 5 - Withholding of benefit

Housing Benefit (Withholding of Payment) Bill – in a Public Bill Committee at 4:45 pm on 11 July 2002.

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'(1) Where a declaration is made under this Act in respect of a person, any housing benefit payable to him during the disqualification period shall be payable as if the rate of benefit were reduced in the prescribed manner.

(2) Subsection (1) does not apply in prescribed cases.

(3) Subsection (1) also does not apply to a declaration made in respect of a person (''declaration A'') where—

(a) another declaration made under this Act in respect of that person (''declaration B'') has been taken into account for the purposes of any previous application of that subsection, and

(b) any day which is a relevant day in relation to declaration A is also a relevant day in relation to declaration B.

(4) For the purposes of subsection (3)(b) ''relevant day'', in relation to a declaration under this Act, means—

(a) in a case where only one day is specified in the declaration under section (anti-social behaviour declarations: criminal proceedings)(4) or (anti-social behaviour declarations: civil proceedings)(4), that day, and

(b) in any other case, the earliest and latest days so specified and any day between them.

(5) Where a declaration by virtue of which subsection (1) operates is quashed or set aside, all such payments and other adjustments shall be made as would be necessary if the declaration had not been made.

(6) Where, in the case of a declaration by virtue of which subsection (1) operates, the date or dates specified under section (anti-social behaviour declarations: criminal proceedings)(4) or (anti-social behaviour declarations: civil proceedings)(4) are varied by a court (on appeal or otherwise), all such payments and other adjustments must be made as would be necessary if the declaration had been made as varied.

(7) In this section ''disqualification period'' means such period, not exceeding 52 weeks, as may be determined by or in accordance with regulations made by the Secretary of State.'.—[Malcolm Wicks.]

Brought up, and read the First and Second time.

Photo of James Clappison James Clappison Shadow Spokesperson (Treasury)

On a point of order, Mr. O'Hara. I am not moving amendment (a) to the new clause, but I should like to move amendment (b).

Photo of Edward O'Hara Edward O'Hara Labour, Knowsley South

I shall now put that to the Committee.

Amendment proposed to the proposed new clause: (b), after second 'period,', insert

'not less than 13 weeks and'.—[Mr. Clappison.]

Question put, That the amendment be made:—

The Committee divided: Ayes 7, Noes 4.

Division number 12 Adults Abused in Childhood — New clause 5 - Withholding of benefit

Aye: 7 MPs

No: 4 MPs

Aye: A-Z by last name

No: A-Z by last name

Question accordingly agreed to.

Clause, as amended, added to the Bill.