With this it will be convenient to discuss the following:
Amendment 3, page 5, line 39, at end insert—
(iiia) the application of the scheme for duration of a person’s stay in hospital or under the care of a crisis team in their local community”
This amendment will ensure that people who are staying in hospital or under the care of a crisis team in their local community will be protected by the Debt Respite Scheme once it is established.
Amendment 30, in clause 8, page 6, line 15, at end insert
“and must do so before 1 January 2020.”
This amendment commits the Secretary of State to implement a debt respite scheme by the end of next year.
Amendment 6, page 6, line 16, at end insert—
“(3A) A debt respite scheme established by regulations under this section must, specifically, provide protection and help to individuals in receipt of mental health crisis services as well as any other types of individual provided for by regulations under this section.
(3B) The regulations must define which services should be considered “mental health crisis services” for the purpose of this Act in addition to the definition in section 25 of this Act.
(3C) A debt respite scheme established by regulations under this section shall be accessible to individuals in receipt of mental health crisis services irrespective of whether those individuals have accessed debt advice.”
Government amendment 13, in clause 19, page 14, line 40, leave out from beginning to end of line 8 on page 15 and insert—
“(1B) As part of the application process, the trustees or managers must ensure that—
(a) the member or survivor is referred to appropriate pensions guidance, and
(b) the member or survivor is provided with an explanation of the nature and purpose of such guidance.
(1C) Before proceeding with the application, the trustees or managers must ensure that the member or survivor has either received appropriate pensions guidance or has opted out of receiving such guidance.”
This amendment will enable FCA rules to require trustees of a personal pension scheme who receive an application from a member to access or transfer their pension to refer them to SFGB guidance and explain its nature and purpose (or ensure that another person, such as the SFGB, does so) and will prevent them from proceeding unless the member confirms that they have received guidance or do not want it.
Amendment (a) to amendment 13, after “is referred to appropriate” insert “independent and impartial”.
Amendment (b) to amendment 13, after “has either received appropriate” insert “independent and impartial”.
Amendment (c) to amendment 13, in subsection (1C), leave out from “appropriate pensions guidance or” to end and insert
“has indicated to the provider of appropriate independent and impartial pensions guidance the desire to opt out of receiving such guidance.”
Amendments (a), (b) and (c) to amendment 13 specify on the face of the Bill that the provider of the appropriate pensions guidance should be independent and impartial, and that any desire to opt-out of guidance must be indicated to this independent and impartial guidance provider.
Government amendment 14.
Government amendment 15, page 15, line 14, at end insert—
“( ) make further provision about how, and to whom, a member or survivor may indicate that they have received or opted out of receiving appropriate pensions guidance for the purposes of subsection (1C);”.
This amendment expressly envisages the rules making provision about how the opt-out (or confirmation of receipt of guidance) mentioned in the new subsection (1C) inserted by Amendment 13 must be expressed in order to be effective.
Amendment (a) to amendment 15, leave out from “received” to end and insert
“appropriate independent and impartial pensions guidance, or have indicated to the provider of this guidance that they wish to opt out, for the purposes of subsection (1C);”.
Government amendment 16.
Government amendment 17, in clause 20, page 16, line 10, leave out from beginning to end of line 23 and insert—
“(2) As part of the application process, the trustees or managers must ensure that—
(a) the beneficiary is referred to appropriate pensions guidance, and
(b) the beneficiary is provided with an explanation of the nature and purpose of such guidance.
(3) Before proceeding with the application, the trustees or managers must ensure that the beneficiary has either received appropriate pensions guidance or has opted out of receiving such guidance.”
This amendment makes equivalent changes to Clause 20(2), which relates to occupational pension schemes in Great Britain, to the changes made by Amendment 13 for personal pension schemes.
Amendment (a) to amendment 17, after “is referred to appropriate” insert “independent and impartial”.
Amendment (b) to amendment 17, after “has either received appropriate” insert “independent and impartial”.
Amendment (c) to amendment 17, in subsection (3), leave out from “appropriate pensions guidance or” to end and insert
“has indicated to the provider of appropriate independent and impartial pensions guidance the desire to opt out of receiving such guidance.”
Amendments (a), (b) and (c) to Amendment 17 specify on the face of the Bill that the provider of the appropriate pensions guidance should be independent and impartial, and that any desire to opt-out of guidance must be indicated to this independent and impartial guidance provider.
Government amendment 18.
Government amendment 19, page 16, line 29, at end insert—
“( ) make further provision about how, and to whom, a beneficiary may indicate that they have received or opted out of receiving appropriate pensions guidance for the purposes of subsection (3);”.
This amendment is the equivalent to Amendment 15 for occupational pension schemes in Great Britain.
Amendment (a) to amendment 19, leave out from “received” to end and insert
“appropriate independent and impartial pensions guidance, or have indicated to the provider of this guidance that they wish to opt out, for the purposes of subsection (3);”.
Government amendment 20.
Government amendment 21, page 17, line 27, leave out from beginning to end of line 40 and insert—
“(2) As part of the application process, the trustees or managers must ensure that—
(a) the beneficiary is referred to appropriate pensions guidance, and
(b) the beneficiary is provided with an explanation of the nature and purpose of such guidance.
(3) Before proceeding with the application, the trustees or managers must ensure that the beneficiary has either received appropriate pensions guidance or has opted out of receiving such guidance.”
This amendment makes equivalent changes to Amendments 13 and 17 for occupational pension schemes in Northern Ireland.
Amendment (a) to amendment 21, after “is referred to appropriate” insert “independent and impartial”.
Amendment (b) to amendment 21, after “has either received appropriate” insert “independent and impartial”.
Amendment (c) to amendment 21, in subsection (3), leave out from “appropriate pensions guidance or” to “or has opted out” and insert
“has indicated to the provider of appropriate independent and impartial pensions guidance the desire to opt out”.
Government amendment 22.
Government amendment 23, page 17, line 46, at end insert—
“( ) make further provision about how, and to whom, a beneficiary may indicate that they have received or opted out of receiving appropriate pensions guidance for the purposes of subsection (3);”.
This amendment is the equivalent to Amendments 15 and 19 for occupational pension schemes in Northern Ireland.
Amendment (a) to amendment 23, leave out from “received” to end and insert
“appropriate independent and impartial pensions guidance, or have indicated to the provider of this guidance that they wish to opt out, for the purposes of subsection (3);”.
Government amendment 24.
Government motion to transfer clause 22.
Amendment 7, in clause 25, page 21, line 9, at end insert—
“‘NHS Mental health crisis services’ means services provided by NHS England, NHS Wales, or Health and Social Care in Northern Ireland in order to treat acute crises in mental health, whether arising from either acute or chronic mental health conditions.”
Amendment 37, in schedule 1, page 38, line 4, at end insert—
“3A (1) The term of office of a person appointed as chair under paragraph 2(1)(a) must not begin before—
(a) the person has, in connection with the appointment, appeared before the Work and Pensions Committee of the House of Commons, or
(b) (if earlier) the end of the period of 3 months beginning with the day on which the appointment is made.
(2) Sub-paragraph (1) does not apply if the person is appointed as chair on an acting basis, pending a further appointment being made.
(3) The reference to the Work and Pensions Committee of the House of Commons—
(a) if the name of that Committee is changed, is a reference to that Committee by its new name, and
(b) if the functions of that Committee (or substantially corresponding functions) become functions of a different Committee of the House of Commons, is to be treated as a reference to the Committee by which the functions are exercisable.
(4) Any question arising under sub-paragraph (3) is to be determined by the Speaker of the House of Commons.”
This amendment would require the chair of the single financial guidance body to attend a pre-appointment hearing with the Work and Pensions Committee of the House of Commons before starting their appointment. If no such hearing is held within three months, the appointment can also begin.
Amendment 38, page 38, line 41, at end insert:
“6A (1) The term of office of a person appointed as chief executive under paragraph 6(1)(a) must not begin before—
(a) the person has, in connection with the appointment, appeared before the Work and Pensions Committee of the House of Commons, or
(b) (if earlier) the end of the period of 3 months beginning with the day on which the appointment is made.
(2) Sub-paragraph (1) does not apply if the person is appointed as chief executive on an acting basis, pending a further appointment being made.
(3) The reference to the Work and Pensions Committee of the House of Commons—
(a) if the name of that Committee is changed, is a reference to that Committee by its new name, and
(b) if the functions of that Committee (or substantially corresponding functions) become functions of a different Committee of the House of Commons, is to be treated as a reference to the Committee by which the functions are exercisable.
(4) Any question arising under sub-paragraph (3) is to be determined by the Speaker of the House of Commons.”
This amendment would require the chief executive of the single financial guidance body to attend a pre-appointment hearing with the Work and Pensions Committee of the House of Commons before starting their appointment. If no such hearing is held within three months, the appointment can also begin.