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(3) Such a power includes—

(a) power to make incidental, supplementary, consequential or
transitional provision or savings;

(b) power to provide for a person to exercise a discretion in dealing with
5any matter.

(4) Each power conferred by this Part is without prejudice to the others.

(5) Where regulations under this Part provide for an amount, the amount may be
zero.

(6) Where regulations under this Part provide for an amount for the purposes of
10an award (or a reduction from an award), the amount may be different in
relation to different descriptions of person, and in particular may depend on—

(a) whether the person is a single person or a member of a couple;

(b) the age of the person.

(7) Regulations under section 11(4) or 12(3) which provide for the determination
15or calculation of an amount may make different provision for different areas.

43 Regulations: procedure

(1) Regulations made under this Part by the Secretary of State or the Welsh
Ministers are to be made by statutory instrument.

(2) A statutory instrument containing regulations made by the Secretary of State
20under this Part is subject to the negative resolution procedure, subject as
follows.

(3) A statutory instrument containing the first regulations made by the Secretary
of State under any of the following, alone or with other regulations, is subject
to the affirmative resolution procedure—

(a) 25section 4(7) (acceptance of claimant commitment);

(b) section 5(1)(a) and (2)(a) (capital limits);

(c) section 8(3) (income to be deducted in award calculation);

(d) section 9(2) and (3) (standard allowance);

(e) section 10(3) and (4) (children and young persons element);

(f) 30section 11 (housing costs element);

(g) section 12 (other needs and circumstances element);

(h) section 18(3) and (5) (work availability requirement);

(i) section 19(2)(d) (claimants subject to no work-related requirements);

(j) sections 26 and 27 (sanctions);

(k) 35section 28 (hardship payments);

(l) paragraph 4 of Schedule 1 (calculation of capital and income);

(m) paragraph 1(1) of Schedule 6 (migration), where making provision
under paragraphs 4, 5 and 6 of that Schedule.

(4) A statutory instrument containing regulations made by the Secretary of State
40by virtue of section 41 (pilot schemes), alone or with other regulations, is
subject to the affirmative resolution procedure.

(5) A statutory instrument containing regulations made by the Secretary of State
under this Part is subject to the affirmative resolution procedure if—

(a) it also contains regulations under another enactment, and

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(b) an instrument containing those regulations would apart from this
section be subject to the affirmative resolution procedure.

(6) For the purposes of subsections (2) to (5)—

(a) a statutory instrument subject to the “negative resolution procedure” is
5subject to annulment in pursuance of a resolution of either House of
Parliament;

(b) a statutory instrument subject to the “affirmative resolution procedure”
may not be made unless a draft of the instrument has been laid before,
and approved by resolution of, each House of Parliament.

(7) 10A statutory instrument containing regulations made by the Welsh Ministers
under section 32 may not be made unless a draft of the instrument has been laid
before, and approved by resolution of, the National Assembly for Wales.

(8) Regulations made by the Scottish Ministers under section 32 are subject to—

(a) the affirmative procedure, if they contain provision amending or
15repealing primary legislation, and

(b) the negative procedure, in any other case.

Part 2 Working-age benefits

CHAPTER 1 Jobseeker’s allowance

20Claimant responsibilities for interim period

44 Claimant commitment for jobseeker’s allowance

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

(2) In section 1 (the jobseeker’s allowance), in subsection (2)(b) for “entered into a
jobseeker’s agreement which remains in force” there is substituted “accepted a
25claimant commitment”.

(3) For section 9 (the jobseeker’s agreement) there is substituted—

9 Claimant commitment

(1) For the purposes of this Act a “claimant commitment” is a record of a
claimant’s responsibilities in relation to an award of a jobseeker’s
30allowance.

(2) A claimant commitment shall—

(a) be prepared by an employment officer,

(b) be in such form as the Secretary of State thinks fit,

(c) include any prescribed information, and

(d) 35include any other information an employment officer or the
Secretary of State considers it appropriate to include.

(3) Information included in a claimant commitment under subsection
(2)(d) may include—

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(a) information in respect of the conditions mentioned in section
1(2)(a) and (c);

(b) details of any requirement imposed on the claimant by virtue of
regulations under section 8 or 17A, or under a jobseeker’s
5direction;

(c) details of any consequences of a failure to comply with such a
requirement.

(4) A claimant shall not be invited to accept a claimant commitment by an
employment officer unless, in the opinion of the employment officer,
10the conditions mentioned in section 1(2)(a) and (c) would be satisfied
with respect to the claimant if he were to act in accordance with, or be
treated as acting in accordance with, the proposed claimant
commitment.

(5) The employment officer may, and if asked to do so by the claimant shall
15forthwith, refer a proposed claimant commitment to the Secretary of
State for him to determine—

(a) whether, if the claimant were to act in accordance with the
proposed claimant commitment, he would satisfy—

(i) the condition mentioned in section 1(2)(a), or

(ii) 20the condition mentioned in section 1(2)(c), and

(b) whether it is reasonable to expect the claimant to have to act in
accordance with the proposed claimant commitment.

(6) A reference under subsection (5) may only relate to information
included in the proposed claimant commitment under subsection
25(3)(a).

(7) On a reference under subsection (5) the Secretary of State—

(a) shall, so far as practicable, dispose of it in accordance with this
section before the end of the period of 14 days from the date of
the reference;

(b) 30may give such directions, with respect to the terms of the
proposed claimant commitment, as the Secretary of State
considers appropriate;

(c) may direct that, if such conditions as he considers appropriate
are satisfied, the proposed claimant commitment is to be treated
35(if accepted) as having been accepted by the claimant on such
date as may be specified in the direction.

(8) Regulations may provide—

(a) for such matters as may be prescribed to be taken into account
by the Secretary of State in giving a direction under subsection
40(7)(c), and

(b) for such persons as may be prescribed to be notified of—

(i) any determination of the Secretary of State under this
section;

(ii) any direction given by the Secretary of State under this
45section.

(9) Regulations may provide that, in prescribed circumstances, a claimant
is to be treated as having satisfied the condition mentioned in section
1(2)(b).

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(10) For the purposes of this Act 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.

(4) For section 10 (variation of jobseeker’s agreement) there is substituted—

10 5Variation of claimant commitment

(1) A claimant commitment may be varied by an employment officer.

(2) An employment officer shall not vary a claimant commitment unless,
in the opinion of the employment officer, the conditions mentioned in
section 1(2)(a) and (c) would continue to be satisfied with respect to the
10claimant if he were to act in accordance with, or be treated as acting in
accordance with, the varied claimant commitment.

(3) An employment officer shall, before making a relevant variation of a
claimant commitment, notify the claimant of the proposed variation.

(4) For the purposes of this section a “relevant variation” of a claimant
15commitment means a variation which relates to information to be
included in the claimant commitment in respect of the conditions
mentioned in section 1(2)(a) and (c).

(5) The employment officer may, and if asked to do so by the claimant in
prescribed circumstances, shall forthwith refer a relevant variation of a
20claimant commitment proposed by the employment officer or
requested by the claimant to the Secretary of State to determine—

(a) whether, if the claimant were to act in accordance with the
claimant commitment as proposed to be varied, he would
satisfy—

(i) 25the condition mentioned in section 1(2)(a), or

(ii) the condition mentioned in section 1(2)(c), and

(b) in the case of a variation proposed by the employment officer,
whether it is reasonable to expect the claimant to have to act in
accordance with the claimant commitment as proposed to be
30varied.

(6) On a reference under subsection (5) the Secretary of State—

(a) shall, so far as practicable, dispose of it in accordance with this
section before the end of the period of 14 days from the date of
the reference,

(b) 35shall give such directions as he considers appropriate as to—

(i) whether the claimant commitment should be varied,
and

(ii) if so, the terms on which the claimant is to accept the
varied claimant commitment, and

(c) 40may direct that, if such conditions as he considers appropriate
are satisfied, the claimant commitment, as proposed to be
varied, is to be treated (if accepted) as having been accepted by
the claimant on such date as may be specified in the direction.

(7) Regulations may provide—

(a) 45for such matters as may be prescribed to be taken into account
by the Secretary of State in giving a direction under subsection
(6)(b) or (c), and

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(b) for such persons as may be prescribed to be notified of—

(i) any determination of the Secretary of State under this
section;

(ii) any direction given by the Secretary of State under this
5section.

(5) In section 35 (interpretation), in subsection (1), after the definition of
“employment” there is inserted—

45 Interviews

In section 8 of the Jobseekers Act 1995 (attendance, information and evidence),
in subsections (1)(a) and (1A)(a) for “attend at such place and at such time”
15there is substituted “participate in an interview in such manner, time and
place”.

46 Sanctions

(1) For section 19 of the Jobseekers Act 1995 there is substituted—

19 Higher-level sanctions

(1) 20The amount of an award of a jobseeker’s allowance is to be reduced in
accordance with this section in the event of a failure by the claimant
which is sanctionable under this section.

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

(a) through misconduct loses employment as an employed earner;

(b) 25without a good reason voluntarily leaves such employment;

(c) without a good reason refuses or fails to apply for, or accept if
offered, a situation in any employment which an employment
officer has informed him is vacant or about to become vacant;

(d) without a good reason neglects to avail himself of a reasonable
30opportunity of employment;

(e) without a good reason fails to participate in any scheme within
section 17A(1) which is prescribed for the purposes of this
section.

(3) For the purposes of subsection (2)(b), in such circumstances as may be
35prescribed, including in particular where a person has been dismissed
by his employer by reason of redundancy within the meaning of section
139(1) of the Employment Rights Act 1996 after volunteering or
agreeing to be so dismissed, a person who might otherwise be treated
as having left his employment voluntarily is to be treated as not having
40left voluntarily.

(4) Regulations are to provide for—

(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
45section.

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(5) Regulations under subsection (4)(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) 5the period between such failures.

(6) 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
10a prescribed period of the termination.

(7) During any period for which the amount of a joint-claim jobseeker’s
allowance is reduced under this section by virtue of a failure by one of
the claimants which is sanctionable under this section, the allowance is
payable to the other member of the couple.

19A 15Other sanctions

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

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

(a) 20without a good reason fails to comply with regulations under
section 8(1) or (1A);

(b) without a good reason fails to comply with regulations under
section 17A;

(c) without a good reason refuses or fails to carry out a jobseeker’s
25direction which was reasonable having regard to his
circumstances;

(d) without a good reason neglects to avail himself of a reasonable
opportunity of a place on a training scheme or employment
programme;

(e) 30without a good reason refuses or fails to apply for, or accept if
offered, a place on such a scheme or programme which an
employment officer has informed him is vacant or about to
become vacant;

(f) without a good reason gives up a place on such a scheme or
35programme or fails to attend such a scheme or programme
having been given a place on it;

(g)
through misconduct loses a place on such a scheme or
programme.

(3) But a failure is not sanctionable under this section if it is also
40sanctionable under section 19.

(4) Regulations are to provide for—

(a) the 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
45under 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,

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

(a) a condition that the failure ceases, or

(b) a condition relating to—

(i) future compliance with a jobseeker’s direction or any
requirement imposed under section 8(1) or (1A) or 17A
10of this Act, or

(ii) future avoidance of the failures referred to in subsection
(2)(d) to (g).

(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) The period fixed under subsection (5)(b) may in particular depend on
either or both of 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.

(10) During any period for which the amount of a joint-claim jobseeker’s
allowance is reduced under this section by virtue of a failure by one of
the claimants which is sanctionable under this section, the allowance is
30payable to the other member of the couple.

(11) In this section—

(a) “jobseeker’s direction” means a direction given by an
employment officer (in such manner as he thinks fit) with a
view to achieving one or both of the following—

(i) 35assisting the claimant to find employment;

(ii) improving the claimant’s prospects of being employed;

(b) “training scheme” and “employment programme” have such
meaning as may be prescribed.

19B Claimants ceasing to be available for employment etc

(1) 40Regulations may make provision for reduction of the amount of an
award of a jobseeker’s allowance other than a joint-claim jobseeker’s
allowance if the claimant—

(a) was previously entitled to such an allowance or was a member
of a couple entitled to a joint-claim jobseeker’s allowance, and

(b) 45ceased to be so entitled by failing to comply with the condition
in section 1(2)(a) or (c) (availability for employment and
actively seeking employment).

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(2) Regulations may make provision for reduction of the amount of a joint-
claim jobseeker’s allowance if one of the claimants—

(a) was previously entitled to a jobseeker’s allowance other than a
joint-claim jobseeker’s allowance, and

(b) 5ceased to be so entitled by failing to comply with the condition
in section 1(2)(a) or (c).

(3) Regulations may make provision for reduction of the amount of an
award of joint-claim jobseeker’s allowance if—

(a) the couple were previously entitled to a joint-claim jobseeker’s
10allowance but ceased to be so entitled by either or both of them
failing to comply with the condition in section 1(2)(a) or (c), or

(b) either member of the couple was a member of another couple
previously entitled to such an allowance and that couple ceased
to be so entitled by that person failing to comply with the
15condition in section 1(2)(a) or (c).

(4) Regulations are to provide for—

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

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

(5) The period referred to in subsection (4)(b) must not include any period
20after the end of the period of 13 weeks beginning with the day on which
the claimant’s previous entitlement ceased.

(6) Regulations under subsection (4)(b) may in particular provide for the
period of a reduction to depend on either or both of the following—

(a) the number of occasions on which a claimant’s entitlement has
25ceased as specified in subsection (1), (2) or (3);

(b) the period between such occasions.

(7) Regulations may provide 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.

(8) 30During any period for which the amount of a joint-claim jobseeker’s
allowance is reduced under this section by virtue of a failure by one of
the claimants to comply with the condition in section 1(2)(a) or (c), the
allowance is payable to the other member of the couple.

19C Hardship payments

(1) 35Regulations may make provision for the making of payments
(“hardship payments”) by way of a jobseeker’s allowance to a claimant
where—

(a) the amount of the claimant’s award is reduced under sections
19 to 19B, and

(b) 40the claimant is or will be in hardship.

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

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

(b) 45matters to be taken into account in determining whether a
claimant is or will be in hardship;

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

(d) the amount or rate of hardship payments;

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

(f) 5whether hardship payments are recoverable.

(2) In section 37 of that Act (parliamentary control), in subsection (1), before
paragraph (b) there is inserted—

(ab) the first regulations to be made under sections 19 to 19C;.

(3) In Schedule 1 to that Act—

(a) 10in the heading preceding paragraph 14B for “or just cause” there is
substituted “reason”;

(b) before paragraph 14B there is inserted—

14AA For any purpose of this Act regulations may provide for—

(a) circumstances in which a person is to be treated as
15having 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.;

(c)
20in paragraph 14B, in sub-paragraph (1)—

(i) for “this Act” there is substituted “paragraph 14AA”;

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

(4) In Schedule 3 to the Social Security Act 1998 (decisions against which an appeal
25lies), in paragraph 3, paragraphs (d) and (da) are repealed.

47 Procedure for regulation-making powers

In section 37 of the Jobseekers Act 1995 (parliamentary control), in subsection
(1)(c) (regulations subject to affirmative procedure), “6, 7,” is repealed.

48 Consequential amendments

30Schedule 7 contains consequential amendments relating to sections 44 to 46.

Claimant responsibilities after introduction of universal credit

49 Claimant responsibilities for jobseeker’s allowance

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

(2) In section 1(2) (conditions of entitlement), paragraphs (a) and (c) are repealed.

(3) 35For sections 6 to 10 (and the italic heading preceding section 6) there is

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substituted—

Work-related requirements
6 Work-related requirements

(1) The following provisions of this Act provide for the Secretary of State
5to impose work-related requirements with which claimants must
comply for the purposes of this Act.

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

(a) a work-focused interview requirement (see section 6B);

(b) a work preparation requirement (see section 6C);

(c) 10a work search requirement (see section 6D);

(d) a work availability requirement (see section 6E).

6A Claimant commitment

(1) A claimant commitment is a record of a claimant’s responsibilities in
relation to an award of a jobseeker’s allowance.

(2) 15A 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) 20a record of the requirements that the claimant must comply
with under this Act (or such of them as the Secretary of State
considers it appropriate to include),

(b) any prescribed information, and

(c) any other information the Secretary of State considers it
25appropriate to include.

(5) For the purposes of this Act 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.

6B Work-focused interview requirement

(1) 30In this Act a “work-focused interview requirement” is a requirement
that a claimant participate in one or more work-focused interviews as
specified by the Secretary of State.

(2) A work-focused interview is an interview for prescribed purposes
relating to work or work preparation.

(3) 35The purposes which may be prescribed under subsection (2) include in
particular that of making it more likely in the opinion of the Secretary
of State that the claimant will obtain paid work (or more paid work or
better-paid work).

(4) The Secretary of State may specify how, when and where a work-
40focused interview is to take place.

6C Work preparation requirement

(1) In this Act a “work preparation requirement” is a requirement that a
claimant take particular action specified by the Secretary of State for the
purpose of making it more likely in the opinion of the Secretary of State
45that the claimant will obtain paid work (or more paid work or better-
paid work).

(2) The Secretary of State may under subsection (1) specify the time to be
devoted to any particular action.

(3) Action which may be specified under subsection (1) includes in
50particular—

(a) attending a skills assessment;

(b) improving personal presentation;

(c) participating in training;

(d) participating in an employment programme;

(e) 55undertaking work experience or a work placement;

(f) developing a business plan;

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

6D Work search requirement

(1) In this Part a “work search requirement” is a requirement that a
60claimant take—

(a) all reasonable action, and

(b) any particular action specified by the Secretary of State,

for the purpose of obtaining paid work (or more paid work or better-
paid work).

(2) 65The Secretary of State may under subsection (1)(b) specify the time to
be devoted to any particular action.

(3) Action which may be specified under subsection (1)(b) includes in
particular—

(a) carrying out work searches;

(b) 70making applications;

(c) creating and maintaining an online profile;

(d) registering with an employment agency;

(e) seeking references;

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

(4) 75Regulations may impose limitations on a work search requirement by
reference to the work to which it relates; and the Secretary of State may
in any particular case specify further such limitations on such a
requirement.

(5) A limitation under subsection (4) may in particular be by reference to—

(a) 80work of a particular nature,

(b) work with a particular level of remuneration,

(c) work in particular locations, or

(d) work available for a certain number of hours per week or at
particular times,

85and may be indefinite or for a particular period.

6E Work availability requirement

(1) In this Act a “work availability requirement” is a requirement that a
claimant be available for work.

(2) For the purposes of this section “available for work” means able and
90willing immediately to take up paid work (or more paid work or better-
paid work).

(3) Regulations may impose limitations on a work availability requirement
by reference to the work to which it relates; and the Secretary of State
may in any particular case specify further such limitations on such a
95requirement.

(4) A limitation under subsection (3) may in particular be by reference to—

(a) work of a particular nature,

(b) work with a particular level of remuneration,

(c) work in particular locations, or

(d) 100work available for a certain number of hours per week or at
particular times,

and may be indefinite or for a particular period.

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

6F 105Imposition of work-related requirements

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

(a) a work search requirement, and

(b) a work availability requirement.

(2) 110The Secretary of State may, subject to this Act, impose either or both of
the following on a claimant—

(a) a work-focused interview requirement;

(b) a work preparation requirement.

6G Connected requirements

(1) 115The Secretary of State may require a claimant to participate in an
interview for any purpose relating to—

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

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

(c) 120assisting the claimant to comply with a work-related
requirement.

(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 the claimant’s
125compliance with a work-related requirement, require a claimant to—

(a) provide 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)

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