HL Deb 30 January 1992 vol 534 cc1489-97

7.37 p.m.

The Lord Chancellor

My Lords, I beg to move that the House do now resolve itself into Committee (on re-commitment) on this Bill.

Moved, That the House do now resolve itself into Committee (on re-commitment).—(The Lord Chancellor.)

On Question, Motion agreed to.

House in Committee (on recommitment) accordingly.

[The LORD SKELMERSDALE in the Chair.]

Clauses 1 and 2 agreed to.

Clause 3 ["Earnings" and "earner"]

The Lord Chancellor

moved Amendment No. 1: Page 3, line 35, leave out ("Act") and insert ("Part of this Act and of Parts II to V other than those of Schedule 8")

The noble and learned Lord said: This amendment and Amendment No. 19 are required for the same reasons as those to the analogous Great Britain Bill. I beg to move.

On Question, amendment agreed to.

Clause 3, as amended, agreed to.

Clauses 4 to 8 agreed to.

Clause 9 [Calculation of secondary Class 1 contributions]:

The Lord Chancellor

moved Amendment No. 2: Page 7, line 12, leave out ("£84.99") and insert ("£89.99")

The noble and learned Lord said: This is the first of the amendments reflecting the updating of the figures in the legislation since the Bill was drafted. I beg to move.

On Question, amendment agreed to.

The Lord Chancellor

moved Amendments Nos. 3 to 5: Page 7, line 13, leave out ("£85.00 to £129.99") and insert ("£90.00 to £134.99") Page 7, line 14, leave out ("£130.00 to £184.99") and insert ("£135.00 to £189.99") Page 7, line 15, leave out ("£185.00") and insert ("£190.00")

On Question, amendments agreed to.

Clause 9, as amended, agreed to.

Clause 10 agreed to.

Clause 11 [Liability for Class 2 contributions]:

The Lord Chancellor

moved Amendments Nos. 6 and 7: Page 9, line 13, leave out ("£5.15") and insert ("£5.35") Page 9, line 34, leave out ("£2,900") and insert ("£3,030") On Question, amendments agreed to.

Clause 11, as amended, agreed to. Clause 12 agreed to.

Clause 13 [Class 3 contributions]:

The Lord Chancellor

moved Amendment No. 8: Page 10, line 48, leave out ("£5.05") and insert ("£5.25") On Question, amendment agreed to.

Clause 13, as amended, agreed to.

Clause 14 agreed to.

Clause 15 [Class 4 contributions recoverable under the Income Tax Acts]:

The Lord Chancellor

moved Amendments Nos. 9 and 10: Page 12, line 28, leave out ("£5,900") and insert ("£6,120") Page 12, line 28, leave out ("£20,280") and insert ("£1,060")

On Question, amendments agreed to.

Clause 15, as amended, agreed to.

Clauses 16 and 17 agreed to.

Clause 18 [Class 4 contributions recoverable under regulations]:

The Lord Chancellor

moved Amendments Nos. 11 to 13: Page 13, line 41, leave out ("£5,900") and insert ("£6,120") Page 13, line 44, leave out ("£5,900") and insert ("£6,120") Page 13, line 44, leave out ("£20,280") and insert ("£21,060") On Question, amendments agreed to.

Clause 18, as amended, agreed to.

Clauses 19 to 43 agreed to.

Clause 44 [Category A retirement pension]:

The Lord Chancellor

moved Amendments Nos. 14 and 15: Page 37, line 42, leave out ("£52.00") and insert ("£54.15") Page 37, line 44, leave out ("£49.90") and insert ("£51.95") On Question, amendments agreed to.

Clause 44 agreed to.

Clauses 45 to 79 agreed to.

Clause 80 [Beneficiary's dependent children]:

The Lord Chancellor

moved Amendments Nos. 16 to 18: Page 68, line 27, leave out ("£110") and insert ("£115") Page 68, line 29, leave out ("£14") and insert ("£15") Page 68, line 30, leave out ("£110") and insert ("£115") On Question, amendments agreed to.

Clause 80, as amended, agreed to.

Clauses 81 to 111 agreed to.

Clause 112 [Certain sums to be earnings]:

The Lord Chancellor

moved Amendment No. 19: Page 83, line 12, leave out ("this Act and the Administration") and insert ("Parts I to V of this")

The noble and learned Lord said: This amendment is made for the same reason as I gave in respect of Amendment No. 1. I beg to move.

On Question, amendment agreed to.

Clause 112, as amended, agreed to.

Clauses 113 to 124 agreed to.

Clause 125 [Trade disputes]:

Part I
Contributory Periodical Benefits
Description of benefit Weekly rate
1. Unemployment benefit £43.10
2. Sickness benefit £41.50
3. Invalidity allowance (a) higher rate £11.55
(b) middle rate £7.20
(c) lower rate £3.60
(the appropriate rate being determined in accordance with section 34(3))
4. Maternity allowance £42.25
5. Category B retirement pension where section 50(1)(a)(i) applies £32.55
6. Child's special allowance £10.85
Part III
Non-contributory Periodical Benefits
Description of benefit Weekly rate
1. Attendance allowance (a) higher rate £43.35
(b) lower rate £28.95
(the appropriate rate being determined in accordance with section 65(3))
2. Severe disablement allowance £32.55
3. Age related addition (a) higher rate £11.55
(b) middle rate £7.20
(c) lower rate £3.60
(the appropriate ratebeing determined in accordance with section 69(1))
4. Invalid care allowance £32.55
5. Guardian's allowance £10.85
6. Category C retirement pension (a) lower rate £19.45
(b) higher rate £32.55
The Lord Chancellor

moved Amendment No. 20: Page 93, line 18, leave out ("£21.00") and insert ("£22.50").

The noble and learned Lord said: Once again, we are back to uprating. I beg to move.

On Question, amendment agreed to.

Clause 125, as amended, agreed to.

Clauses 126 to 152 agreed to.

Clause 153 [Rate of payment]:

The Lord Chancellor

moved Amendments Nos. 21 and 22: Page 112, line 27, leave out ("£185.00") and insert ("£190.00") Page 112, line 28, leave out ("£43.50") and insert ("£45.30")

On Question, amendments agreed to.

Clause 153, as amended, agreed to.

Remaining clauses agreed to.

Schedules 1 to 3 agreed to.

Schedule 4 [Rates of Benefits, etc.]:

The Lord Chancellor

moved Amendment No. 23: Page 145, line 12, leave out Schedule 4 and insert—

("Schedule 4

Rates of Benefits, etc.

Note: This Schedule is subject to alteration by orders made by the Department under section 132 of the Administration Act.

Description of benefit Weekly rate
(the appropriate rate being determined in accordance with section 78(5))
7. Category D retirement pension The higher rate for Category C retirement pensions under paragraph 6 above
8. Age addition (to a pension of any category, and otherwise under section 79) £0.25
Part IV Increases for Dependants
Benefit to which increase applies Increase for qualifying child Increase for adult dependant
(1) (2) (3)
£ £
1, Unemployment or sickness benefit—
(a) unemployment benefit, where the beneficiary is under pensionable age 26.60
(b) unemployment benefit, where the beneficiary is over pensionable age 10.85 32.55
(c) sickness benefit, where the beneficiary is under pensionable age 25.50
(d) sickness benefit, where the beneficiary is over pensionable age 10.85 31.20
2. Invalidity pension 10.85 32.55
3. Maternity allowance 25.50
4. Widowed mother's allowance 10.85
5. Category A or B retirement pension 10.85 32.55
6. Category C retirement pension 10.85 19.45
7. Child's special allowance 10.85
8. Severe disablement allowance 10.85 19.45
9. Invalid care allowance 10.85 19.45
Part V
Rate of Industrial Injuries Benefit
Description of benefit, etc. Rate
1. Disablement pension (weekly rates) For the several degrees of disablement set out in column (1) of the following Table, the respective amounts in that Table, using—
(a) column (2) for any period during which the beneficiary is over the age of 18 or is entitled to an increase of benefit in respect of a child or adult dependant;
(b) column (3) for any period during which the beneficiary is not over the age of 18 and not so entitled;
Table
Degree of disablement Amount
(1) (2) (3)
Per cent. £ £
100 88.40 54.15
90 79.56 48.74
80 70.72 43.32
70 61.88 37.91
60 53.04 32.49
50 44.20 27.08
40 35.36 21.66
30 26.52 16.25
20 17.68 10.83
Description of benefit, etc. Rate
2. Maximum increase of weekly rate of disablement pension where constant attendance needed (a) except in cases of exceptionally severe disablement £35.40
(b) in any case of exceptionally severe disablement £70.80
3. Increase of weekly rate of disablement pension (exceptionally severe disablement) £35.40
4. Maximum of aggregate of weekly benefit payable for successive accidents (a) for any period during which the beneficiary is over the age of 18 or is entitled to an increase in benefit in respect of a child or adult dependent £88.40
(b) for any period during which the beneficiary is not over the age of 18 and not so entitled £54.15
5. Unemployability supplement under paragraph 2 of Schedule 7 £54.15
6. Increase under paragraph 3 of Schedule 7 of weekly rate of unemployability supplement (a) if on the qualifying date the beneficiary was under the age of 35 or if that date fell before 5th July 1948 £11.55
(b) if head (a) above does not apply and on the qualifying date the beneficiary was under the age of 40 and he had not attained pensionable age before 6th April 1979 £11.55
(c) if head (a) and (b) above do not apply and on the qualifying date the beneficiary was under the age of 45 £7.20
(d) if heads (a),(b)and (c) above do not apply and on the qualifying date the beneficiary was under the age of 50 and had not attained pensionable age before 6th April 1979 £7.20
(e) in any other case £3.60
7. Increase under paragraph 4 of Schedule 7 of weekly rate of disablement pension £10.85
8. Increase under paragraph 6 of Schedule 7 of weekly rate of disablement pension £32.55
9. Maximum disablement gratuity under paragraph 9 of Schedule 7 £5,870.00
10. Widow's pension (weekly rates) (a) initial rate £57.65
(b) higher permanent rate £54.15
(c) lower permanent rate 30 per cent. of the first sum specified in section 44(4) (Category A basic retirement pension)
(the appropriate rate being determined in accordance with paragraph 16 of Schedule 7)
11. Widower's pension (weekly rate) £54.15
12. Weekly rate of allowance in respect of children under paragraph 18 of Schedule 7 In respect of each qualifying child £10.85.")

The noble and learned Lord said: Again, this is a sizeable amendment, but it is for the same reason as the earlier amendments up-rating the Bill, replacing Schedule 4 as drafted with the new Schedule 4 with new figures. I beg to move.

On Question, amendment agreed to.

Schedule 4, as amended, agreed to.

Schedules 5 to 7 agreed to.

Schedule 8 [Industrial Injuries and Diseases (Old Cases).]

The Lord Chancellor

moved Amendment No. 24: Page 169, line 27, leave out ("£31.25") and insert ("£32.55"). The noble and learned Lord said: This is the last of this little series, I am glad to say. I beg to move.

On Question, amendment agreed to.

Lord Mishcon

May I take the opportunity of pointing out that the Opposition have not in any way held up government legislation this evening? After congratulating the noble and learned Lord for his athletic activities between the Woolsack and the Front Bench opposite, I also wish to extend the congratulations and thanks of the Opposition Party to the two Deputy Chairmen who have so speedily gone through a large amount of business. I believe that the House is most appreciative.

The Lord Chancellor

I wish to express my appreciation of the great assistance of the noble Lord and his colleagues in getting the business through the House. I also join him in warmly congratulating and thanking the two Deputy Chairmen who have so ably conducted proceedings which have been formal, but it has been quite tricky getting them right.

Schedule 8, as amended, agreed to.

Remaining schedules agreed to.

House resumed: Bill reported with amendments.