Welfare Reform Bill (HL Bill 75)

(5) Regulations may for the purposes of subsection (2) define what is
meant by able and willing immediately to take up work.

6F Imposition of work-related requirements

(1) The Secretary of State must, except in prescribed circumstances, impose
5on a claimant—

(a) a work search requirement, and

(b) a work availability requirement.

(2) The Secretary of State may, subject to this Act, impose either or both of
the following on a claimant—

(a) 10a work-focused interview requirement;

(b) a work preparation requirement.

6G Connected requirements

(1) The Secretary of State may require a claimant to participate in an
interview for any purpose relating to—

(a) 15the imposition of a work-related requirement on the claimant;

(b) verifying the claimant’s compliance with a work-related
requirement;

(c) assisting the claimant to comply with a work-related
requirement.

(2) 20The 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 the claimant’s
compliance with a work-related requirement, require a claimant to—

(a) provide to the Secretary of State information and evidence
25specified 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 claimant to report to the Secretary
of State any specified changes in their circumstances which are relevant
to—

(a) 30the imposition of work-related requirements on the claimant;

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

6H Imposition of work-related and connected requirements:
supplementary

(1) Regulations may make provision—

(a) 35where the Secretary of State may impose a requirement under
the preceding provisions of this Act, 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 the preceding provisions of
40this Act, as to what action must or must not be specified;

(c) where the Secretary of State may specify any other matter in
relation to a such requirement, 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
45requirement, or specify a particular action under section 6C(1) or

6D(1)(b), 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 the
preceding provisions of this Act, or specify any action to be taken in
5relation to such a requirement, the Secretary of State may revoke or
change what has been imposed or specified.

(4) Notification of a requirement imposed under the preceding provisions
of this Act (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
10Secretary of State may determine.

(5) Regulations must make provision to secure that, in prescribed
circumstances, where a claimant has recently been a victim of domestic
violence—

(a) a requirement imposed on the claimant under the preceding
15provisions of this Act ceases to have effect for a period of 13
weeks, and

(b) the Secretary of State may not impose any other requirement on
the claimant during that period.

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

(a) 20“domestic violence” has such meaning as may be prescribed;

(b) “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
25of domestic violence);

(c) a person has recently been a victim of domestic violence if a
prescribed period has not expired since the violence was
inflicted or threatened.

6I Compliance with work-related and connected requirements

30Regulations may make provision as to circumstances in which a
claimant is to be treated as having—

(a) complied with or not complied with any requirement imposed
under the preceding provisions of this Act or any aspect of such
a requirement, or

(b) 35taken or not taken any particular action specified by the
Secretary of State in relation to such a requirement.

6J Higher-level sanctions

(1) The amount of an award of jobseeker’s allowance is to be reduced in
accordance with this section in the event of a failure by a claimant
40which is sanctionable under this section.

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

(a) fails for no good reason to comply with a requirement imposed
by the Secretary of State under a work preparation requirement
to undertake a work placement of a prescribed description;

(b) 45fails for no good reason to comply with a requirement imposed
by the Secretary of State under a work search requirement to
apply for a particular vacancy for paid work;

(c) fails for no good reason to comply with a work availability
requirement by not taking up an offer of paid work;

(d) by reason of misconduct, or voluntarily and for no good reason,
ceases paid work or loses pay.

(3) 5It is a failure sanctionable under this section if, at any time before
making the claim by reference to which the award is made, the
claimant—

(a) for no good reason failed to take up an offer of paid work, or

(b) by reason of misconduct, or voluntarily and for no good reason,
10ceased paid work or lost pay.

(4) For the purposes of subsections (2) and (3) regulations may provide—

(a) for circumstances in which ceasing to work or losing pay is to
be treated as occurring or not occurring by reason of
misconduct or voluntarily;

(b) 15for loss of pay below a prescribed level to be disregarded.

(5) Regulations are to specify—

(a) the amount of a reduction under this section;

(b) the period for which such a reduction has effect, not exceeding
three years in relation to any failure sanctionable under this
20section.

(6) Regulations under subsection (5)(b) may in particular provide for the
period of a reduction to depend on either or both of the following—

(a) the number of failures by the claimant sanctionable under this
section;

(b) 25the period between such failures.

(7) 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
that is terminated to be applied to any new award made within
30a prescribed period of the termination;

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

6K Other sanctions

(1) The amount of an award of a jobseeker’s allowance is to be reduced in
35accordance with this section in the event of a failure by a claimant
which is sanctionable under this section.

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

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

(b) 40fails for no good reason to comply with a requirement under
section 6G.

(3) But a failure by a claimant is not sanctionable under this section if it is
also a failure sanctionable under section 6J.

(4) Regulations must specify—

(a) 45the amount of a reduction under this section;

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

(5) Regulations under subsection (4)(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 claimant meets a compliance
condition specified by the Secretary of State,

(b) 5a 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.

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

(a) 10a condition that the failure ceases, or

(b) a condition relating to future compliance with a work-related
requirement or a requirement under section 6G.

(7) A compliance condition specified under subsection (5)(a) may be—

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

(b) 15notified to the claimant in such manner as the Secretary of State
may determine.

(8) A period fixed under subsection (5)(b) may in particular depend on
either or both the following—

(a) the number of failures by the claimant sanctionable under this
20section;

(b) the period between such failures.

(9) 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
25that 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.

6L Delegation and contracting out

(1) 30The functions of the Secretary of State under sections 6 to 6I 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) 35wholly 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) 40may 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
45exercise 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) for the purposes of so much of any contract made between the
5authorised 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
person (or an employee of that person).

(6) 10Where—

(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
relates to the exercise of the function is subsisting,

15the authorised person is entitled to treat the contract as repudiated by
the Secretary of State (and not as frustrated by reason of the
revocation).”

(4) In section 29 (pilot schemes), in subsection (8), for the words from
“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) 5people obtaining or being able to obtain work (or more work or better-
paid work).”

(5) In section 35 (interpretation), in subsection (1), at the appropriate places there
is inserted—

• ““work availability requirement” has the meaning given by
  10section 6E;”;

• ““work preparation requirement” has the meaning given by
  section 6C;”;

• ““work search requirement” has the meaning given by section
  6D;”;

• 15““work-focused interview requirement” has the meaning given by
  section 6B;”;

• ““work-related requirement” has the meaning given by section 6;”.

(6) In section 37 (parliamentary control), in subsection (1), after paragraph (a)
there is inserted—

“(aa) 20the first regulations to be made under section 6J or 6K;”.

CHAPTER 2 Employment and support allowance

Conditions of entitlement

50 Dual entitlement

(1) In section 1 of the Welfare Reform Act 2007 (employment and support

allowance), after subsection (6) there is inserted—

“(6A) In subsection (3)(f), in relation to a contributory allowance, the
reference to a couple entitled to a joint-claim jobseeker’s allowance
does not include a couple so entitled by virtue of regulations under
5paragraph 8A of Schedule 1 to the Jobseekers Act 1995.”

(6A) In a case where—

(a) an award of an employment and support allowance is made to a person
in respect of any period of time before the coming into force of
subsection (1), and

(b) 10the person was not entitled to an employment and support allowance
in relation to that period but would have been had subsection (1) been
in force in relation to that period,

subsection (1) shall be regarded as having been in force in relation to that
period.

51 15Period of entitlement to contributory allowance

(1) After section 1 of the Welfare Reform Act 2007 there is inserted—

“1A Duration of contributory allowance

(1) The period for which a person is entitled to a contributory allowance
shall not exceed, in the aggregate, 365 days in any period for which his
20entitlement is established by reference (under the second condition set
out in Part 1 of Schedule 1) to the same two tax years.

(2) The fact that a person’s entitlement to a contributory allowance has
ceased as a result of subsection (1) does not prevent his being entitled
to a further such allowance if—

(a) 25he satisfies the first and second conditions set out in Part 1 of
Schedule 1, and

(b) the two tax years by reference to which he satisfies the second
condition include at least one year which is later than the
second of the two years by reference to which (under the second
30condition) his previous entitlement was established.

(3) The reference to days in subsection (1)—

(a) includes days occurring before, as well as after, the coming into
force of this section;

(b) does not include days in a period in which a person is a member
35of the support group.”

(2) In Schedule 4 to that Act (transition relating to Part 1), in paragraph 7(2), at the
end there is inserted—

“(f) make provision modifying the application of section 1A in
relation to awards of an employment and support allowance to
40persons previously entitled to existing awards.”

52 Condition relating to youth

(1) In section 1 of the Welfare Reform Act 2007 (employment and support
allowance), in subsection (2)(a), the words “or the third condition set out in that
Part of that Schedule (condition relating to youth)” are repealed.

(2) In Schedule 1 to that Act (additional conditions), paragraph 4 and the
preceding cross-heading are repealed.

(3) After the coming into force of this section no claim may be made for an
employment and support allowance by virtue of the third condition set out in
5Part 1 of Schedule 1 to the Welfare Reform Act 2007 (youth).

(4) In the case of a person who at any time after the coming into force of this
section is entitled to an employment and support allowance by virtue of that
condition, the period for which the person is entitled to that allowance shall not
exceed 365 days.

(5) 10The reference to days in subsection (4)—

(a) includes days occurring before, as well as after, the coming into force of
that subsection;

(b) does not include days in a period in which a person is a member of the
support group (within the meaning of Part 1 of the Welfare Reform Act
152007).

Claimant responsibilities for interim period

53 Claimant commitment for employment and support allowance

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

(2) In section 1(3) (employment and support allowance: basic conditions) after
20paragraph (a) there is inserted—

“(aa) has accepted a claimant commitment,”.

(3) After section 1A (as inserted by section 51 above) there is inserted—

“1B Claimant commitment

(1) For the purposes of this Part a “claimant commitment” is a record of the
25claimant’s responsibilities in relation to an award of an employment
and support allowance.

(2) A 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
30thinks fit.

(4) A claimant commitment is to include—

(a) any prescribed information, and

(b) any other information the Secretary of State considers it
appropriate to include.

(5) 35For the purposes of this Part a claimant accepts a claimant commitment
if, and only if, the claimant accepts the most up-to-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
401(3)(aa).”

(4) In section 15(2)(b) (directions about work-related activity) for the words from
“by” to “14” there is substituted “in such manner as the Secretary of State thinks
fit”.

(5) In section 16(1) (contracting out) before paragraph (a) there is inserted—

“(za) 5any function under section 1B in relation to a claimant
commitment;”.

(6) In Schedule 2 (supplementary provisions) after paragraph 4 there is inserted—

Regulations may prescribe circumstances in which a person may be
entitled to employment and support allowance without having
10accepted a claimant commitment.”

(7) In section 31(2) of the Welfare Reform Act 2009 (action plans: well-being of
children), in subsection (5) inserted into section 14 of the Welfare Reform Act
2007, after “preparing any” there is inserted “claimant commitment or”.

54 Work experience etc

15In section 13 of the Welfare Reform Act 2007 (work-related activity), after
subsection (7) there is inserted—

“(8) The reference to activity in subsection (7) includes work experience or
a work placement.”

55 Hardship payments

(1) 20In the Welfare Reform Act 2007 after section 16 there is inserted—

“16A Hardship payments

(1) Regulations may make provision for the making of payments
(“hardship payments”) by way of an employment and support
allowance to a person where—

(a) 25the amount otherwise payable to the person in respect of an
employment and support allowance is reduced by virtue of
regulations under section 11(3), 12(3) or 13(3), and

(b) the person is or will be in hardship.

(2) Regulations under this section may in particular make provision as
30to—

(a) circumstances in which a person is to be treated as being or not
being in hardship;

(b) matters to be taken into account in determining whether a
person is or will be in hardship;

(c) 35requirements or conditions to be met by a person in order to
receive hardship payments;

(d) the amount or rate of hardship payments;

(e) the period for which hardship payments may be made.”

Claimant responsibilities after introduction of universal credit

56 Claimant responsibilities for employment and support allowance

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

(2) For sections 11 to 16 (and the italic heading preceding section 11) there is
5substituted—

“Work-related requirements

11 Work-related requirements

(1) The following provisions of this Part provide for the Secretary of State
to impose work-related requirements with which persons entitled to an
10employment and support allowance must comply for the purposes of
this Part.

(2) In this Part “work-related requirement” means—

(a) a work-focused interview requirement (see section 11B);

(b) a work preparation requirement (see section 11C).

(3) 15The work-related requirements which may be imposed on a person
depend on which of the following groups the person falls into—

(a) persons subject to no work-related requirements (see section
11D);

(b) persons subject to work-focused interview requirement only
20(see section 11E);

(c) persons subject to work-focused interview and work
preparation requirements (see section 11F).

11A Claimant commitment

(1) A claimant commitment is a record of the responsibilities of a person
25entitled to an employment and support allowance in relation to the
award of the allowance.

(2) A 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
30thinks fit.

(4) A claimant commitment is to include—

(a) a record of the requirements that the person must comply with
under this Part (or such of them as the Secretary of State
considers it appropriate to include),

(b) 35any prescribed information, and

(c) any other information the Secretary of State considers it
appropriate to include.

(5) For the purposes of this Part a person accepts a claimant commitment
if, and only if, the claimant accepts the most up-to-date version of it in
40such manner as may be prescribed.