(e) undertaking work experience or a work placement;

(f) developing a business plan;

(g) any action prescribed for the purpose in subsection (1).

(4) The action which may be specified under subsection (1) includes taking

5part in a work-focused health-related assessment.

(5) In subsection (4) “work-focused health-related assessment” means an

assessment by a health care professional approved by the Secretary of

State which is carried out for the purpose of assessing—

(a) the extent to which the person’s capability for work may be

10improved by taking steps in relation to their physical or mental

condition, and

(b) such other matters relating to their physical or mental condition

and the likelihood of their obtaining or remaining in work or

being able to do so as may be prescribed.

(6)

15In subsection (5) “health care professional” means—

(a) a registered medical practitioner,

(b) a registered nurse,

(c) an occupational therapist or physiotherapist registered with a

regulatory body established by an Order in Council under

20section 60 of the Health Act 1999, or

(d) a member of such other profession regulated by a body

mentioned in section 25(3) of the National Health Service

Reform and Health Care Professions Act 2002 as may be

prescribed.

11D 25Persons subject to no work-related requirements

(1) The Secretary of State may not impose any work-related requirement

on a person falling within this section.

(2) A person falls within this section if—

(a) the person has limited capability for work and work-related

30activity,

(b) the person has regular and substantial caring responsibilities

for a severely disabled person,

(c) the person is a single person responsible for a child under the

age of 1,

(d) 35the person is of a prescribed description.

(3) Where a person falls within this section, any work-related requirement

previously applying to the person ceases to have effect.

(4) In this section—

• “regular and substantial caring responsibilities” has such meaning
  
  40as may be prescribed;

• “severely disabled” has such meaning as may be prescribed.

11E Persons subject to work-focused interview requirement only

(1) A person falls within this section if—

(a) the person is a single person responsible for a child who is aged

45at least 1 and is under a prescribed age (which may not be less

than 3), or

(b) the person is of a prescribed description.

(2) The Secretary of State may, subject to this Part, impose a work-focused

interview requirement on a person entitled to an employment and

support allowance who falls within this section.

(3) 5The Secretary of State may not impose a work preparation requirement

on a person falling within this section (and, where a person falls within

this section, a work preparation requirement previously applying to

the person ceases to have effect).

11F Persons subject to work preparation and work-focused interview

10requirement

(1) A person who does not fall within section 11D or 11E falls within this

section.

(2) The Secretary of State may, subject to this Part, impose a work

preparation requirement or work-focused interview requirement on a

15person entitled to an employment and support allowance who falls

within this section.

11G Connected requirements

(1) The Secretary of State may require a person entitled to an employment

and support allowance to participate in an interview for any purpose

20relating to—

(a) the imposition of a work-related requirement on the person;

(b) verifying the person’s compliance with a work-related

requirement;

(c) assisting the person to comply with a work-related

25requirement.

(2) The Secretary of State may specify how, when and where such an

interview is to take place.

(3) The Secretary of State may, for the purpose of verifying a person’s

compliance with a work-related requirement, require the person to—

(a) 30provide to the Secretary of State information and evidence

specified by the Secretary of State in a manner so specified;

(b) confirm compliance in a manner so specified.

(4) The Secretary of State may require a person to report to the Secretary of

State any specified changes in their circumstances which are relevant

35to—

(a) the imposition of work-related requirements on the person;

(b) the person’s compliance with a work-related requirement.

11H Imposition of requirements

(1) Regulations may make provision—

(a) 40where the Secretary of State may impose a requirement under

this Part, as to when the requirement must or must not be

imposed;

(b) where the Secretary of State may specify any action to be taken

in relation to a requirement under this Part, as to what action

45must or must not be specified;

(c) where the Secretary of State may specify any other matter in

relation to a requirement under this Part, as to what must or

must not be specified in respect of that matter.

(2) Where the Secretary of State may impose a work-focused interview

5requirement, or specify a particular action under section 11C(1), the

Secretary of State must have regard to such matters as may be

prescribed.

(3) Where the Secretary of State may impose a requirement under this Part,

or specify any action to be taken in relation to such a requirement, the

10Secretary of State may revoke or change what has been imposed or

specified.

(4) Notification of a requirement imposed under this Part (or any change

to or revocation of such a requirement) is, if not included in the

claimant commitment, to be in such manner as the Secretary of State

15may determine.

(5) Regulations must make provision to secure that, in prescribed

circumstances, where a person has recently been a victim of domestic

violence—

(a) a requirement imposed on that person under this Part ceases to

20have effect for a period of 13 weeks, and

(b) the Secretary of State may not impose any other requirement on

that person during that period.

(6) For the purposes of subsection (5)—

(a) “domestic violence” has such meaning as may be prescribed;

(b) 25“victim of domestic violence” means a person on or against

whom domestic violence is inflicted or threatened (and

regulations under subsection (5) may prescribe circumstances

in which a person is to be treated as being or not being a victim

of domestic violence);

(c) 30a person has recently been a victim of domestic violence if a

prescribed period has not expired since the violence was

inflicted or threatened.

11I Compliance with requirements

Regulations may make provision as to circumstances in which a person

35is to be treated as having—

(a) complied with or not complied with any requirement imposed

under this Part or any aspect of such a requirement, or

(b) taken or not taken any particular action specified by the

Secretary of State in relation to such a requirement.

11J 40Sanctions

(1) The amount of an award of an employment and support allowance is

to be reduced in accordance with this section in the event of a failure by

a person which is sanctionable under this section.

(2) It is a failure sanctionable under this section if a person—

(a) 45fails for no good reason to comply with a work-related

requirement;

(b) fails for no good reason to comply with a requirement under

section 11G.

(3) Regulations are to specify—

(a) the amount of a reduction under this section, and

(b) 5the period for which such a reduction has effect.

(4) Regulations under subsection (3)(b) may provide that a reduction

under this section in relation to any failure is to have effect for—

(a) a period continuing until the person meets a compliance

condition specified by the Secretary of State,

(b) 10a fixed period not exceeding 26 weeks which is—

(i) specified in the regulations, or

(ii) determined in any case by the Secretary of State, or

(c) a combination of both.

(5) In subsection (4)(a) “compliance condition” means—

(a) 15a condition that the failure ceases, or

(b) a condition relating to future compliance with a work-related

requirement or a requirement under section 11G.

(6) A compliance condition specified under subsection (4)(a) may be—

(a) revoked or varied by the Secretary of State;

(b) 20notified to the person in such manner as the Secretary of State

may determine.

(7) A period fixed under subsection (4)(b) may in particular depend on

either or both the following—

(a) the number of failures by the person sanctionable under this

25section;

(b) the period between such failures.

(8) Regulations may provide—

(a) for cases in which no reduction is to be made under this section;

(b) for a reduction under this section made in relation to an award

30that is terminated to be applied to any new award made within

a prescribed period of the termination;

(c) for the termination or suspension of a reduction under this

section.

11K Delegation and contracting out

(1) 35The functions of the Secretary of State under sections 11 to 11I may be

exercised by, or by the employees of, such person as the Secretary of

State may authorise for the purpose (an “authorised person”).

(2) An authorisation given by virtue of this section may authorise the

exercise of a function—

(a) 40wholly or to a limited extent;

(b) generally or in particular cases or areas;

(c) unconditionally or subject to conditions.

(3)

An authorisation under this section—

(a) may specify its duration;

(b) 45may be varied or revoked at any time by the Secretary of State;

(c) does not prevent the Secretary of State or another person from

exercising the function to which the authorisation relates.

(4)

Anything done or omitted to be done by or in relation to an authorised

person (or an employee of that person) in, or in connection with, the

5exercise or purported exercise of the function concerned is to be treated

for all purposes as done or omitted to be done by or in relation to the

Secretary of State or (as the case may be) an officer of the Secretary of

State.

(5) Subsection (4) does not apply—

(a) 10for the purposes of so much of any contract made between the

authorised person and the Secretary of State as relates to the

exercise of the function, or

(b) for the purposes of any criminal proceedings brought in respect

of anything done or omitted to be done by the authorised

15person (or an employee of that person).

(6) Where—

(a) the authorisation of an authorised person is revoked, and

(b) at the time of the revocation so much of any contract made

between the authorised person and the Secretary of State as

20relates to the exercise of the function is subsisting,

the authorised person is entitled to treat the contract as repudiated by

the Secretary of State (and not as frustrated by reason of the

revocation).”

(3) In section 19 (pilot schemes), in subsection (3), for the words from

25“ascertaining” to the end there is substituted “testing the extent to which the

provision made by the regulations is likely to promote—

(a) people remaining in work, or

(b) people obtaining or being able to obtain work (or more work or better-

paid work).”

(4) 30In section 24 (interpretation), in subsection (1)—

(a) at the appropriate places there is inserted—

• ““child” means a person under the age of 16;”;

• ““single person” means an individual who is not a member of a
  
  couple (within the meaning of Part 1 of the Welfare Reform Act
  
  352011);”;

• ““work” has such meaning as may be prescribed;”;

• ““work-focused interview requirement” has the meaning given by
  
  section 11B;”;

• ““work preparation requirement” has the meaning given by
  
  40section 11C;”;

• ““work-related requirement” has the meaning given by section
  
  11;”.

(b) for the definition of “work-related activity” there is substituted—

• ““work-related activity”, in relation to a person, means
  
  45activity which makes it more likely that the person will
  
  obtain or remain in work or be able to do so;”.

(5) In section 25 (regulations), in subsection (6), for “to 15” there is substituted “to

11J”.

(6) In Schedule 2 (supplementary)—

(a) in the heading preceding paragraph 10A, for “cause” there is

substituted “reason”;

(b) before paragraph 10A there is inserted—

“10ZA 5Regulations may for any purpose of this Part provide for—

(a) circumstances in which a person is to be treated as

having or not having a good reason for an act or

omission;

(b) matters which are or are not to be taken into account

10in determining whether a person has a good reason

for an act or omission.”;

(c) in paragraph 10A (good cause), in sub-paragraph (1)—

(i) for “section 11, 12 or 13” there is substituted “paragraph 10ZA”;

(ii) for “good cause” there is substituted “a good reason”.

(7) 15In that Schedule, after paragraph 10A there is inserted—

“Responsibility for children

10B Regulations may for any purpose of this Part specify circumstances

in which a person is or is not responsible for a child.”

(8) In that Schedule, in paragraph 13 (information), for “13” there is substituted

20“11K”.

CHAPTER 3 Income support

57 Entitlement of lone parents to income support etc

(1) The Welfare Reform Act 2009 is amended as follows.

(2) In section 3(1), in paragraph (b) of subsection (1A) to be inserted into section

25124 of the Social Security Contributions and Benefits Act 1992 (lone parents

with a child under 7 to be included in regulations as a category of person

entitled to income support), for “7” there is substituted “5”.

(3) In section 8 (parliamentary procedure for regulations imposing a requirement

on lone parents with a child under 7 to undertake work-related activity), in the

30heading and in subsection (1), for “7” there is substituted “5”.

58 Claimant commitment for income support

(1) The Social Security Contributions and Benefits Act 1992 is amended as follows.

(2) Section 124 (income support) is amended as follows—

(a) in subsection (1), after paragraph (e) there is inserted—

“(ea) 35he has accepted a claimant commitment;”;

(b) after subsection (1B) there is inserted—

“(1C) Regulations may prescribe circumstances in which a person

may be entitled to income support without having accepted a

claimant commitment.”

(3) After section 124 there is inserted—

“124A Claimant commitment

(1) For the purposes of this Part a “claimant commitment” is a record of the

claimant’s responsibilities in relation to an award of income support.

(2) 5A claimant commitment is to be prepared by the Secretary of State and

may be reviewed and updated as the Secretary of State thinks fit.

(3) A claimant commitment is to be in such form as the Secretary of State

thinks fit.

(4) A claimant commitment is to include—

(a) 10any prescribed information, and

(b) any other information the Secretary of State considers it

appropriate to include.

(5) For the purposes of section 124 and this section a claimant accepts a

claimant commitment if, and only if, the claimant accepts the most up-

15to-date version of it in such manner as may be prescribed.

(6) Regulations may provide that in prescribed circumstances, a claimant

is to be treated as having satisfied the condition mentioned in section

124(1)(ea).”

(4) In section 2F of the Social Security Administration Act 1992 (directions about

20work-related activity), in subsection (3)(b), for the words from “by” to “2E”

there is substituted “in such manner as the Secretary of State thinks fit”.

(5) In section 2G of that Act (contracting out), in subsection (1), at the end there is

inserted—

“(d) any function under section 124A of the Social Security

25Contributions and Benefits Act 1992 in relation to a claimant

commitment.”

CHAPTER 4 Miscellaneous

Claimants dependent on drugs etc

59 Claimants dependent on drugs etc

(1) 30Section 17C of, and Schedule A1 to, the Jobseekers Act 1995 (persons

dependent on drugs etc: jobseekers allowance) are repealed.

(2) Section 15A of, and Schedule 1A to, the Welfare Reform Act 2007 (persons

dependent on drugs etc: employment and support allowance) are repealed.

(3) In the Welfare Reform Act 2009, section 11 and Schedule 3 (which includes

35provision for review of the provisions repealed by this section) are repealed.

Entitlement to work

60 Entitlement to work: jobseeker’s allowance

(1) The Jobseekers Act 1995 is amended as follows.

(2) In section 1 (jobseeker’s allowance), in subsection (2), before paragraph (a)

5there is inserted—

“(za) is entitled to be in employment in the United Kingdom;”.

(3) In that section, after subsection (3) there is inserted—

“(3A) For the purposes of subsection (2)(za), a person is entitled to be in

employment in the United Kingdom if, and only if—

(a) 10the person does not under the Immigration Act 1971 require

leave to enter or remain in the United Kingdom, or

(b) the person has been granted such leave and—

(i) the leave is not invalid,

(ii) the leave has not for any reason ceased to have effect,

15and

(iii) the leave is not subject to a condition preventing the

person from accepting any employment.”

(4) In Schedule 1 (supplementary provisions), after paragraph 8 there is inserted—

“8ZA Regulations may prescribe circumstances in which a person may be

20entitled to a jobseeker’s allowance without being entitled to be in

employment in the United Kingdom.”

61 Entitlement to work: employment and support allowance

(1) The Welfare Reform Act 2007 is amended as follows.

(2) In section 1 (employment and support allowance), in subsection (3), before

25paragraph (a) there is inserted—

“(za) is entitled to be in employment in the United Kingdom,”.

(3) In that section, after subsection (3) there is inserted—

“(3A) For the purposes of subsection (3)(za), a person is entitled to be in

employment in the United Kingdom if, and only if—

(a) 30the person does not under the Immigration Act 1971 require

leave to enter or remain in the United Kingdom, or

(b) the person has been granted such leave and—

(i) the leave is not invalid,

(ii) the leave has not for any reason ceased to have effect,

35and

(iii) the leave is not subject to a condition preventing the

person from accepting any employment.”

(4) In Schedule 2 (supplementary provisions), after paragraph 4A (as inserted by

section 53 of this Act) there is inserted—

“Entitlement to work in the United Kingdom

4B Regulations may provide that in prescribed circumstances a person

who is not entitled to be in employment in the United Kingdom may

5nevertheless be entitled to an employment and support allowance.”

62 Entitlement to work: maternity allowance and statutory payments

(1) The Social Security Contributions and Benefits Act 1992 is amended as follows.

(2) In section 35 (state maternity allowance)—

(a) in subsection (1), at the end there is inserted “and

“(e) 10at the commencement of the week referred to in

paragraph (a) above she was entitled to engage in the

employment referred to in paragraph (b) above.”;

(b) in subsection (3), before paragraph (a) there is inserted—

“(za) for circumstances in which subsection (1)(e) above does

15not apply;”.

(3) In section 164 (statutory maternity pay)—

(a) in subsection (2), after paragraph (a) there is inserted—

“(aa) that at the end of the week immediately preceding that

14th week she was entitled to be in that employment;”;

(b) 20in subsection (9), after paragraph (d) there is inserted—

“(da) provide for circumstances in which subsection (2)(aa)

above does not apply;”.

(4) In section 171ZA (ordinary statutory paternity pay: birth)—

(a) in subsection (2), after paragraph (b) there is inserted—

“(ba) 25that at the end of the relevant week he was entitled to be

in that employment;”;

(ba) after subsection (3) there is inserted—

“(3A) Regulations may provide for circumstances in which subsection

(2)(ba) above does not apply.”

(5) 30In section 171ZB (ordinary statutory paternity pay: adoption)—

(a) in subsection (2), after paragraph (b) there is inserted—

“(ba) that at the end of the relevant week he was entitled to be

in that employment;”;

(b) after subsection (3) there is inserted—

“(3A) 35Regulations may provide for circumstances in which subsection

(2)(ba) above does not apply.”

(6) In section 171ZEA (additional statutory paternity pay: birth)—

(a) in subsection (2), after paragraph (b) there is inserted—

“(ba) that at the end of that prescribed week the claimant was

40entitled to be in that employment;”;

(b) in subsection (3), before paragraph (a) there is inserted—

“(za) exclude the application of the condition mentioned in

paragraph (ba) of subsection (2) in prescribed

circumstances,”.

(7) 5In section 171ZEB (additional statutory paternity pay: adoption)—

(a) in subsection (2), after paragraph (b) there is inserted—

“(ba) that at the end of that prescribed week the claimant was

entitled to be in that employment;”;

(b) in subsection (3), before paragraph (a) there is inserted—

“(za) 10exclude the application of the condition mentioned in

paragraph (ba) of subsection (2) in prescribed

circumstances,”.