Session 2010 - 12
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Other Bills before Parliament

Welfare Reform Bill


Welfare Reform Bill
Part 2 — Working-age benefits
Chapter 2 — Employment and support allowance

44

 

11I     

Compliance with requirements

Regulations may make provision as to circumstances in which a person

is 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

5

(b)   

taken or not taken any particular action specified by the

Secretary of State in relation to such a requirement.

11J     

Sanctions

(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

10

a person which is sanctionable under this section.

(2)   

It is a failure sanctionable under this section if a person—

(a)   

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

requirement;

(b)   

fails for no good reason to comply with a requirement under

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section 11G.

(3)   

Regulations are to specify—

(a)   

the amount of a reduction under this section, and

(b)   

the period for which such a reduction has effect.

(4)   

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

20

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)   

a fixed period not exceeding 26 weeks which is—

(i)   

specified in the regulations, or

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(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)   

a condition that the failure ceases, or

(b)   

a condition relating to future compliance with a work-related

30

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)   

notified to the person in such manner as the Secretary of State

may determine.

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(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

section;

(b)   

the period between such failures.

40

(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

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

a prescribed period of the termination;

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Welfare Reform Bill
Part 2 — Working-age benefits
Chapter 2 — Employment and support allowance

45

 

(c)   

for the termination or suspension of a reduction under this

section.

11K     

Delegation and contracting out

(1)   

The 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

5

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)   

wholly or to a limited extent;

(b)   

generally or in particular cases or areas;

10

(c)   

unconditionally or subject to conditions.

(3)   

An authorisation under this section—

(a)   

may specify its duration;

(b)   

may be varied or revoked at any time by the Secretary of State;

(c)   

does not prevent the Secretary of State or another person from

15

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

exercise 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

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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

authorised person and the Secretary of State as relates to the

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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)   

Where—

30

(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,

   

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

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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

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

provision made by the regulations is likely to promote—

40

(a)   

people remaining in work, or

(b)   

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

paid work).”

(4)   

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

(a)   

at the appropriate places there is inserted—

45

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

 
 

Welfare Reform Bill
Part 2 — Working-age benefits
Chapter 2 — Employment and support allowance

46

 

““single person” means an individual who is not a member of a

couple (within the meaning of Part 1 of the Welfare Reform Act

2011);”;

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

““work-focused interview requirement” has the meaning given by

5

section 11B;”;

““work preparation requirement” has the meaning given by

section 11C;”;

““work-related requirement” has the meaning given by section

11;”.

10

(b)   

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

““work-related activity”, in relation to a person, means

activity 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

15

11J”.

(6)   

In section 26 (parliamentary control), in subsection (1), after paragraph (a)

there is inserted—

“(aa)   

the first regulations under section 11D(2)(d) or 11J,”.

(7)   

In Schedule 2 (supplementary)—

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(a)   

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

substituted “reason”;

(b)   

before paragraph 10A there is inserted—

“10ZA      

Regulations may for any purpose of this Part provide for—

(a)   

circumstances in which a person is to be treated as

25

having or not having a good reason for an act or

omission;

(b)   

matters which are or are not to be taken into account

in determining whether a person has a good reason

for an act or omission.”;

30

(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”.

(8)   

In that Schedule, after paragraph 10A there is inserted—

“Responsibility for children

35

10B        

Regulations may for any purpose of this Part specify circumstances

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

(9)   

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

“11K”.

 
 

Welfare Reform Bill
Part 2 — Working-age benefits
Chapter 3 — Income support

47

 

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

5

124 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

10

heading 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—

15

“(ea)   

he 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.”

20

(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)   

A claimant commitment is to be prepared by the Secretary of State and

25

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)   

any prescribed information, and

30

(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-

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

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(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).”

 
 

Welfare Reform Bill
Part 2 — Working-age benefits
Chapter 4 — Miscellaneous

48

 

(4)   

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

work-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—

5

“(d)   

any function under section 124A of the Social Security

Contributions and Benefits Act 1992 in relation to a claimant

commitment.”

Chapter 4

Miscellaneous

10

Claimants dependent on drugs etc

59      

Claimants dependent on drugs etc

(1)   

Section 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

15

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

(3)   

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

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

Entitlement to work

60      

Entitlement to work: jobseeker’s allowance

20

(1)   

The Jobseekers Act 1995 is amended as follows.

(2)   

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

25

“(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)   

the 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—

30

(i)   

the leave is not invalid,

(ii)   

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

and

(iii)   

the leave is not subject to a condition preventing the

person from accepting any employment.”

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(4)   

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

“8ZA       

Regulations may prescribe circumstances in which a person may be

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

employment in the United Kingdom.”

 
 

 
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Revised 29 November 2011