As amended in the Standing Committee, considered. — Exclusion from benefits — 31 Oct 2000

Patrick McLoughlin MP, West Derbyshire voted in the minority (Aye).

I beg to move amendment No. 11, in page 2, line 16, at end insert--

'( ) The Secretary of State may by regulations specify persons or classes of person who are and persons or classes of person who are not suitable to act as personal advisers under the provisions of sections 19C, 23B(2), 23C(3) and 23D(1).'.

The Secretary of State may by regulations specify persons or classes of person . . . who are not suitable to act as personal advisers . . .

Amendment, by leave, withdrawn.

I beg to move amendment No. 1, in page 4, line 30, at end insert--

'23CA.--(1) Any person aged eighteen or over who makes a valid election not to be treated as a former relevant child shall not, so long as such an election is in force, be a former relevant child for the purposes of this section.

(2) The Secretary of State may by regulations make provision as to the procedure for the making and withdrawal of elections under subsection 1.

(3) In respect of a person in respect of whom a valid election is in force, a local authority shall not discharge any of the duties in subsections (2) and (3) of section 23C.

(4) Subject to subsection (1C), a local authority may in respect of any person in respect of whom a valid election is in force offer services or assistance of a type required or permitted to be provided under this Act to former relevant children, but shall be under no duty to do so.'.

Some young people have good reason for not wanting anything more to do with Social Services. They shouldn't be forced to have a plan or maintain contact. Their decision should be respected.

Amendment, by leave, withdrawn.

I beg to move amendment No. 2, in page 5, line 2, at end insert--

'( ) The assistance given under subsection (4)(a) and (b) may be subject to such conditions regarding adherence by the former relevant child to his pathway plan as the local authority shall reasonably determine.

assistance of the kind referred to in section 24B(2), to the extent that his welfare . . . needs require it

Amendment, by leave, withdrawn.

I beg to move amendment No. 13, in page 6, line 25, leave out "registered" and insert "private".

Mr. Deputy Speaker:

With this it will be convenient to discuss Government amendments Nos. 14, 20, 19 and 21 to 23.

Amendment agreed to.

Amendment made: No. 14, in page 6, line 31, leave out from "any" to second "or" in line 32 and insert--

I beg to move amendment No. 15, in page 8, line 11, after "full-time" insert "further or".

Mr. Deputy Speaker:

With this it will be convenient to discuss Government amendments Nos. 16 to 18.

because his term time accommodation is not available to him

not a significant problem . . . New express duties are not required.--[ Official Report, Standing Committee A , 13 July 2000; c. 110-11.]

Amendment agreed to.

Amendments made: No. 16, in page 8, line 12, after "vacation" insert--

(b) until that commencement, the references to any "care home or independent hospital" in sections 24(2)(d)(ii) and 24C(2)(c), as so substituted, are to be read as references to any residential care home, nursing home or mental nursing home,

and paragraph 14(4) of Schedule 4 to the Care Standards Act 2000 (which amends section 24 of the 1989 Act) is repealed.'.-- [Mr. Hutton.]

I beg to move amendment No. 6, in page 9, line 9, at end insert--

'(1A) Every local authority shall make arrangements to ensure that any person qualified under subsection (1) to make representations has access to appropriate independent advice and support to assist him in making such representations.'.

Amendment, by leave, withdrawn.

I beg to move amendment No. 24, in page 9, line 24, leave out subsection (3).

Mr. Deputy Speaker:

With this it will be convenient to discuss amendment No. 9, in page 9, leave out lines 26 and 27 and insert--

I have made it clear that we intend to exempt lone parents from the benefit entitlement provisions, as it is right and proper that they should continue to be entitled to benefits. If such a young person was living at home, he or she would continue to be entitled to benefits. That should apply also to young care leavers who are pregnant.--[ Official Report, Standing Committee A , 13 July 2000; c. 137.]

For the purposes of this Act . . . a person is disabled if . . . his sight, hearing or speech is substantially impaired; . . . he has a mental disorder; or . . . he is physically substantially disabled by any illness, any impairment present since birth or otherwise.

I have made it clear that we intend to exempt lone parents from the benefit entitlement provisions.

If such a young person was living at home, he or she would continue to be entitled to benefits. That should apply also to young care leavers who are pregnant.

Many young girls leaving care are pregnant . . . I am told that as many as one in four girls who leave care are pregnant.

Has he given any thought to what message is sent to young girls aged 15 in local authority care, their co-residents in the children's home and others who are pregnant will anticipate receiving benefit because of the exemption, but those who are not pregnant will not expect benefits?

I am not convinced that young women will get pregnant because they might then be entitled to income support.

That sends some strange messages. I do not suggest that 15-year-old girls in care will automatically think that they have one year left in which to become pregnant, but there will be serious consequences to anything that seems to people's peers, however misguidedly, to reward them for a type of behaviour that we would not seek to encourage.--[ Official Report, Standing Committee A , 13 July 2000; c. 137-39.]

Amendment, by leave, withdrawn.

Amendment proposed: No. 9, in page 9, leave out lines 26 and 27 and insert--

Question put, That the amendment be made:--

The House divided: Ayes 135, Noes 312.

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Party Summary

Votes by party, red entries are votes against the majority for that party.

What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.

What are Boths? An MP can vote both aye and no in the same division. The boths page explains this.

What is Turnout? This is measured against the total membership of the party at the time of the vote.

PartyMajority (No)Minority (Aye)BothTurnout
Con0 133 (+2 tell)084.4%
DUP0 1033.3%
Lab282 (+2 tell) 0068.6%
LDem28 0059.6%
PC2 0050.0%
UUP0 1011.1%
Total:312 135070.8%

Rebel Voters - sorted by party

MPs for which their vote in this division differed from the majority vote of their party. You can see all votes in this division, or every eligible MP who could have voted in this division

Sort by: Name | Constituency | Party | Vote

NameConstituencyPartyVote
no rebellions

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