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.

clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.

Secretary of State

Secretary of State was originally the title given to the two officials who conducted the Royal Correspondence under Elizabeth I. Now it is the title held by some of the more important Government Ministers, for example the Secretary of State for Foreign Affairs.

amendment

As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.

Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.

In the end only a handful of amendments will be incorporated into any bill.

The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.

Amendment

As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.

Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.

In the end only a handful of amendments will be incorporated into any bill.

The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.

Division

The House of Commons votes by dividing. Those voting Aye (yes) to any proposition walk through the division lobby to the right of the Speaker and those voting no through the lobby to the left. In each of the lobbies there are desks occupied by Clerks who tick Members' names off division lists as they pass through. Then at the exit doors the Members are counted by two Members acting as tellers. The Speaker calls for a vote by announcing "Clear the Lobbies". In the House of Lords "Clear the Bar" is called. Division Bells ring throughout the building and the police direct all Strangers to leave the vicinity of the Members’ Lobby. They also walk through the public rooms of the House shouting "division". MPs have eight minutes to get to the Division Lobby before the doors are closed. Members make their way to the Chamber, where Whips are on hand to remind the uncertain which way, if any, their party is voting. Meanwhile the Clerks who will take the names of those voting have taken their place at the high tables with the alphabetical lists of MPs' names on which ticks are made to record the vote. When the tellers are ready the counting process begins - the recording of names by the Clerk and the counting of heads by the tellers. When both lobbies have been counted and the figures entered on a card this is given to the Speaker who reads the figures and announces "So the Ayes [or Noes] have it". In the House of Lords the process is the same except that the Lobbies are called the Contents Lobby and the Not Contents Lobby. Unlike many other legislatures, the House of Commons and the House of Lords have not adopted a mechanical or electronic means of voting. This was considered in 1998 but rejected. Divisions rarely take less than ten minutes and those where most Members are voting usually take about fifteen. Further information can be obtained from factsheet P9 at the UK Parliament site.

Clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.