Welfare Reform Bill (HL Bill 124)

(3) The 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) 5The Secretary of State may specify how, when and where a work-
focused 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
10purpose 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).

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

(3) 15Action which may be specified under subsection (1) includes in
particular—

(a) attending a skills assessment;

(b) improving personal presentation;

(c) participating in training;

(d) 20participating in an employment programme;

(e) undertaking 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) 25In this Part a “work search requirement” is a requirement that a
claimant 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-
30paid work).

(2) The 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) 35carrying out work searches;

(b) making applications;

(c) creating and maintaining an online profile;

(d) registering with an employment agency;

(e) seeking references;

(f) 40any other action prescribed for the purpose in subsection (1).

(4) Regulations 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) 45A limitation under subsection (4) 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) work available for a certain number of hours per week or at
5particular times,

and 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) 10For the purposes of this section “available for work” means able and
willing 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
15may in any particular case specify further such limitations on such a
requirement.

(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) 20work in particular locations, or

(d) work 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
25meant 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
on a claimant—

(a) a work search requirement, and

(b) 30a work availability requirement.

(2) The 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 35Connected requirements

(1) The 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
40requirement;

(c) assisting 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
compliance 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) 5confirm 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) the imposition of work-related requirements on the claimant;

(b) 10the claimant’s compliance with a work-related requirement.

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

(1) Regulations may make provision—

(a) where the Secretary of State may impose a requirement under
15the 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
this Act, as to what action must or must not be specified;

(c) 20where 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
requirement, or specify a particular action under section 6C(1) or
256D(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
relation to such a requirement, the Secretary of State may revoke or
30change 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
Secretary of State may determine.

(5) 35Regulations 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
provisions of this Act ceases to have effect for a period of 13
40weeks, 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) “domestic violence” has such meaning as may be prescribed;

(b) 45“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) a person has recently been a victim of domestic violence if a
prescribed period has not expired since the violence was
5inflicted or threatened.

6I Compliance with work-related and connected requirements

Regulations 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
10under the preceding provisions of this Act 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.

6J Higher-level sanctions

(1) 15The 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
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 requirement imposed
20by the Secretary of State under a work preparation requirement
to undertake a work placement of a prescribed description;

(b) fails 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) 25fails 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) It is a failure sanctionable under this section if, at any time before
30making 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,
ceased paid work or lost pay.

(4) 35For 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) for loss of pay below a prescribed level to be disregarded.

(5) 40Regulations 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
section.

(6) 45Regulations 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) the period between such failures.

(7) Regulations may provide—

(a) 5for 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;

(c) for the termination or suspension of a reduction under this
10section.

6K Other 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 a claimant
which is sanctionable under this section.

(2) 15It is a failure sanctionable under this section if a claimant—

(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
section 6G.

(3) 20But 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) the amount of a reduction under this section;

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

(5) 25Regulations 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) a fixed period not exceeding 26 weeks which is—

(i) 30specified 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) a condition that the failure ceases, or

(b) 35a 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) notified to the claimant in such manner as the Secretary of State
40may 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
section;

(b) 45the 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
that is terminated to be applied to any new award made within
5a prescribed period of the termination;

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

6L Delegation and contracting out

(1) The functions of the Secretary of State under sections 6 to 6I may be
10exercised 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) wholly or to a limited extent;

(b) 15generally or in particular cases or areas;

(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) 20does 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
exercise or purported exercise of the function concerned is to be treated
25for 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
30authorised 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) 35Where—

(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,

40the 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
45provision 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).”

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

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

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

• ““work search requirement” has the meaning given by section
  106D;”;

• ““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)
15there is inserted—

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

CHAPTER 2 Employment and support allowance

Conditions of entitlement

50 Dual entitlement

(1) 20In 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
25paragraph 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) 30the 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 35Period of entitlement to contributory allowance

(1) After section 1 of the Welfare Reform Act 2007, and subject to section 54, there
is inserted—

“1A Duration of contributory allowance

(1) The period for which a person is entitled to a contributory allowance by
40virtue of the first and second conditions set out in Part 1 of Schedule 1

shall not exceed, in the aggregate, a prescribed number of days which
must be at least 730 in any period for which his entitlement is
established by reference (under the second condition set out in Part 1 of
Schedule 1) to the same two tax years except—

(a) 5where a person is receiving treatment for cancer when
entitlement shall continue for so long as the person has (or is
treated as having) limited capacity for work; or

(b) the person has (or is treated as having) limited capacity for
work as a consequence of a cancer diagnosis.

(2) 10The 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) he satisfies the first and second conditions set out in Part 1 of
Schedule 1, and

(b) 15the 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
condition) his previous entitlement was established.

(3) The period for which a person is entitled to a contributory allowance by
20virtue of the third condition set out in Part 1 of Schedule 1 (youth) shall
not exceed a prescribed number of days which must be at least 730.

(4) In calculating for the purposes of subsection (1) or (3) the length of the
period for which a person is entitled to a contributory allowance, the
following are not to be counted—

(a) 25days in which the person is a member of the support group,

(b) days not falling within paragraph (a) in respect of which the
person is entitled to the support component referred to in
section 2(1)(b), and

(c) days in the assessment phase, where the days immediately
30following that phase fall within paragraph (a) or (b).

(5) In calculating for the purposes of subsection (1) or (3) the length of the
period for which a person is entitled to a contributory allowance, days
occurring before the coming into force of this section are to be counted
(as well as those occurring afterwards).”

(2) 35In 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
persons previously entitled to existing awards.”

52 40Further entitlement after time-limiting

(1) After section 1A of the Welfare Reform Act 2007 (as inserted by section 51
above) there is inserted—

“1B Further entitlement after time-limiting

(1) Where a person’s entitlement to a contributory allowance has ceased as
45a result of section 1A(1) or (3) but—

(a) the person has not at any subsequent time ceased to have (or to
be treated as having) limited capability for work,

(b) the person satisfies the basic conditions, and

(c) the person has (or is treated as having) limited capability for
work-related activity,

the claimant is entitled to an employment and support allowance by
5virtue of this section.

(2) An employment and support allowance entitlement to which is based
on this section is to be regarded as a contributory allowance for the
purposes of this Part.”

(2) In section 1 of that Act (employment and support allowance), in the definition
10of “contributory allowance” in subsection (7), after “subsection (2)(a)” there is
inserted “(and see section 1B(2))”.

53 Condition relating to youth

In section 1 of the Welfare Reform Act 2007 (employment and support
allowance), after subsection (3) there is inserted—

“(3A) 15After the coming into force of this subsection no claim may be made for
an employment and support allowance by virtue of the third condition
set out in Part 1 of Schedule 1 (youth).”

54 Condition relating to youth (No. 2)

In paragraph 4 of Schedule 1 to the Welfare Reform Act 2007 (condition
20relating to youth), after sub-paragraph (1)(d) insert—

“(e) after the assessment phase has ended, the claimant has
limited capacity for work-related activity.”

Claimant responsibilities for interim period

55 Claimant commitment for employment and support allowance

(1) 25The Welfare Reform Act 2007 is amended as follows.

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

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

(3) After section 1B (as inserted by section 52 above) there is inserted—

“1C 30Claimant 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 an employment
and support allowance.

(2) A claimant commitment is to be prepared by the Secretary of State and
35may 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

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

(5) For 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
5such 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
1(3)(aa).”

(4) In section 15(2)(b) (directions about work-related activity) for the words from
10“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) any function under section 1C in relation to a claimant
commitment;”.

(6) 15In 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
accepted a claimant commitment.”

(7) In section 31(2) of the Welfare Reform Act 2009 (action plans: well-being of
20children), in subsection (5) inserted into section 14 of the Welfare Reform Act
2007, after “preparing any” there is inserted “claimant commitment or”.

56 Work experience etc

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

“(8) 25The reference to activity in subsection (7) includes work experience or
a work placement.”

57 Hardship payments

In the Welfare Reform Act 2007 after section 16 there is inserted—

“16A Hardship payments

(1) 30Regulations may make provision for the making of payments
(“hardship payments”) by way of an employment and support
allowance to a person where—

(a) the amount otherwise payable to the person in respect of an
employment and support allowance is reduced by virtue of
35regulations 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
to—

(a) circumstances in which a person is to be treated as being or not
40being in hardship;