HL Deb 08 November 1999 vol 606 cc1213-4

43 Clause 58, leave out Clause 58.

The Commons disagreed to this amendment but proposed the following amendments to the words so restored to the Bill— 43A Page 66, line 27, leave out from ("(1)") to end of line 42 and insert ("Where—

  1. (a) a person is entitled to incapacity benefit in respect of any period of a week or part of a week,
  2. (b) a pension payment is payable to him in respect of that period (or a period which forms part of that period or includes that period or part of it), and
    3. 1214
  3. (c) the amount of that payment (or, as the case may be, the amount which in accordance with regulations is to be taken as payable to him by way of pension payments in respect of that period) exceeds the threshold,
the amount of that benefit shall be reduced by an amount equal to 50 per cent. of that excess.

(1A) In subsection (1) above "the threshold" means—
  1. (a) if the period in question is a week, £85 or such greater amount as may be prescribed; or
  2. (b) if that period is not a week, such proportion of the amount mentioned in paragraph (a) as falls to be calculated in accordance with regulations on such basis as may be prescribed.
 (1B) Regulations may secure that a person of any prescribed description does not suffer any reduction under subsection (1) in any amount of incapacity benefit to which he is entitled. (2) Regulations may provide— 43B Page 67, line 1, after ("for") insert ("the aggregation of"). 43C Page 67, line 3, after ("payable)") insert ("in respect of the same or different periods;

Lord Ashley of Stoke rose to move, That this House—

  1. (a) do not insist on their Amendment No. 43 to which the Commons have disagreed,
  2. (b) do agree with the Commons in their Amendments Nos. 43B and 43C to the words so restored to the Bill, and
  3. (c) do agree with the Commons in their Amendment Nos. 43A to the words so restored to the Bill with the following amendments—

43E Line 12, leave out ("50 per cent.") and insert ("the standard rate percentage of income tax") 43F Line 15, leave out ("£85") and insert ("the level of the Disability Income Guarantee")

6.42 p.m.

The noble Lord said: My Lords, I beg to move.

Moved, That this House do not insist on their Amendment No. 43 to which the Commons have disagreed, do agree with the Commons in their Amendments Nos. 43B and 43C to the words so restored to the Bill, and do agree with the Commons in their Amendment No. 43A to the words so restored to the Bill with the proposed amendments.—(Lord Ashley of Stoke.)

On Question, Motion agreed to.