With this it will be convenient to discuss the following:
Amendment 112, page 22, leave out lines 6 and 7.
Removes the word “short-term” in the clause devolving disability benefit. It is not clear what “short-term” means in this context, how it will be defined or whom it may exclude from receiving the benefit.
Amendment 48, page 22, line 45, leave out sub-paragraph (a).
Clause 19 stand part.
Amendment 115, in clause 20, page 23, line 27, after “financial”, insert “or other”.
This amendment would enable the provision of assistance, in relation to benefits for maternity, funeral and heating expenses, in a form other than cash.
Amendment 49, page 23, line 33, leave out “8” and insert “9”.
Amendment 50, page 23, line 34, leave out “8” and insert “9”.
Clause 20 stand part.
Amendment 12, in clause 21, page 24, leave out lines 9 and 10.
Clause 21 stand part.
Amendment 129, in clause 22, page 24, line 27, leave out from “who” to “appears” in line 32.
The current Exception 6 would extend the power to provide discretionary housing payments only to those already in receipt of housing benefit. Those who lose entitlement to any housing benefit as a result of the under-occupancy charge are precluded from accessing discretionary housing payments. The amendment seeks to allow the Scottish Parliament to mitigate the impact of the bedroom tax.
Amendment 116, page 24, leave out lines 36 to 48.
This amendment would remove some of the restrictions, including those relating to sanctions, in relation to discretionary housing payments.
Amendment 13, page 24, leave out lines 36 and 37.
Amendment 132, page 25, leave out lines 1 to 8.
The exception in the Bill could be problematic where claimants have had their housing benefit wrongly suspended. The amendment would allow the Scottish Parliament to provide discretionary housing payments in cases which might be regarded as arising from non-payability of a reserved benefit.
Clause 22 stand part.
Amendment 8, in clause 23, page 25, line 28, leave out “short-term”.
Amendment 117, page 25, leave out lines 30 to 37.
This amendment would broaden when discretionary housing payments can be made by removing some restrictions including those relating to sanctions.
Amendment 111, page 25, line 39, leave out “occasional”.
Amendment 131, page 25, line 45, at end add “or
(b) who are part of a family facing exceptional pressure.”
Clause 23 stand part
New clause 31—New benefits—
“In Section F1 of Part 2 of Schedule 5 to the Scotland Act 1998, in the Exceptions, after exception 8 (see section 23 above) insert—
“Exception 9
A benefit not in existence at the relevant date provided entitlement to or the purpose of the benefit is different from entitlement to or the purpose of any benefit that is—
(a) in existence at the relevant date,
(b) payable by or on behalf of a Minister of the Crown, and
(c) otherwise a reserved benefit.
For the purpose of this exception—
“the relevant date” means the date of introduction into Parliament of the Bill that becomes the Scotland Act 2015;
“reserved benefit” means a benefit which is to any extent a reserved matter.”
This New Clause broadens the circumstances under which the Scottish Parliament can create new benefits, as recommended by the Smith Commission.