Welfare Reform Bill (HL Bill 124)

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

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

(d) 5the amount or rate of hardship payments;

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

Claimant responsibilities after introduction of universal credit

58 Claimant responsibilities for employment and support allowance

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

(2) 10For sections 11 to 16 (and the italic heading preceding section 11) there is
substituted—

“Work-related requirements

11 Work-related requirements

(1) The following provisions of this Part provide for the Secretary of State
15to impose work-related requirements with which persons entitled to an
employment 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) 20a work preparation requirement (see section 11C).

(3) The 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) 25persons subject to work-focused interview requirement only
(see section 11E);

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

11A Claimant commitment

(1) 30A claimant commitment is a record of the responsibilities of a person
entitled 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) 35A claimant commitment is to be in such form as the Secretary of State
thinks 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
40considers it appropriate to include),

(b) any 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
5such manner as may be prescribed.

11B Work-focused interview requirement

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

(2) 10A work-focused interview is an interview for prescribed purposes
relating to work or work preparation.

(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 person will obtain paid work (or more paid work or
15better-paid work).

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

11C Work preparation requirement

(1) In this Part a “work preparation requirement” is a requirement that a
20person 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
that the person 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
25devoted to any particular action.

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

(a) attending a skills assessment;

(b) improving personal presentation;

(c) 30participating in training;

(d) participating 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).

(4) 35The action which may be specified under subsection (1) includes taking
part 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) 40the extent to which the person’s capability for work may be
improved 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
45being able to do so as may be prescribed.

(6)

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

(a) a registered medical practitioner,

(b) a registered nurse,

(c) an occupational therapist or physiotherapist registered with a
5regulatory body established by an Order in Council under
section 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
10prescribed.

11D Persons 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) 15the person has limited capability for work and work-related
activity,

(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
20age of 1,

(d) the 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—

• 25“regular and substantial caring responsibilities” has such meaning
  as 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) 30the person is a single person responsible for a child who is aged
at 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
35interview requirement on a person entitled to an employment and
support allowance who falls within this section.

(3) The 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
40the person ceases to have effect).

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

(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
person entitled to an employment and support allowance who falls
within this section.

11G 5Connected 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
relating to—

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

(b) 10verifying the person’s compliance with a work-related
requirement;

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

(2) The Secretary of State may specify how, when and where such an
15interview 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) provide to the Secretary of State information and evidence
specified by the Secretary of State in a manner so specified;

(b) 20confirm 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
to—

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

(b) 25the person’s compliance with a work-related requirement.

11H Imposition of requirements

(1) Regulations may make provision—

(a) where the Secretary of State may impose a requirement under
this Part, as to when the requirement must or must not be
30imposed;

(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
must or must not be specified;

(c) where the Secretary of State may specify any other matter in
35relation 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
requirement, or specify a particular action under section 11C(1), the
Secretary of State must have regard to such matters as may be
40prescribed.

(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
Secretary of State may revoke or change what has been imposed or
specified.

(4) 45Notification 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
may determine.

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

(a) a requirement imposed on that person under this Part ceases to
have 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) 10For the purposes of subsection (5)—

(a) “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
15in 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
inflicted or threatened.

11I 20Compliance 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

(b) 25taken 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
30a 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
35section 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
40under 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

(ii) 45determined 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
requirement or a requirement under section 11G.

(6) 5A 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.

(7) A period fixed under subsection (4)(b) may in particular depend on
10either or both the following—

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

(b) the period between such failures.

(8) Regulations may provide—

(a) 15for 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
20section.

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

(2) 25An 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;

(c) unconditionally or subject to conditions.

(3)
30An 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
exercising the function to which the authorisation relates.

(4)
35Anything 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
Secretary of State or (as the case may be) an officer of the Secretary of
40State.

(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
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—

(a) 5the 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
10the 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—

(a) 15people 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—

• 20““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
  2012);”;

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

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

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

• ““work-related requirement” has the meaning given by section
  3011;”.

(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) 35In section 25 (regulations), in subsection (6), for “to 15” there is substituted “to
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) 40In Schedule 2 (supplementary)—

(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) 45circumstances 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
in determining whether a person has a good reason
for an act or omission.”;

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

(i) 5for “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

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

CHAPTER 3 Income support

59 Entitlement of lone parents to income support etc

(1) 15The Welfare Reform Act 2009 is amended as follows.

(2) In section 3(1), in paragraph (b) of subsection (1A) to be inserted into section
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) 20In section 8 (parliamentary procedure for regulations imposing a requirement
on lone parents with a child under 7 to undertake work-related activity), in the
heading and in subsection (1), for “7” there is substituted “5”.

60 Claimant commitment for income support

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

(2) 25Section 124 (income support) is amended as follows—

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

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

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

“(1C) Regulations may prescribe circumstances in which a person
30may 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
35claimant’s responsibilities in relation to an award of income support.

(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
thinks fit.

(4) A claimant commitment is to include—

(a) any prescribed information, and

(b) 5any 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.

(6) 10Regulations 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
work-related activity), in subsection (3)(b), for the words from “by” to “2E”
15there 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
Contributions and Benefits Act 1992 in relation to a claimant
20commitment.”

CHAPTER 4 Miscellaneous

Claimants dependent on drugs etc

61 Claimants dependent on drugs etc

(1) Section 17C of, and Schedule A1 to, the Jobseekers Act 1995 (persons
25dependent 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
provision for review of the provisions repealed by this section) are repealed.

30Entitlement to work

62 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)
there is inserted—

“(za) 35is 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) the person does not under the Immigration Act 1971 require
5leave 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,
and

(iii) 10the 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
entitled to a jobseeker’s allowance without being entitled to be in
15employment in the United Kingdom.”

63 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
paragraph (a) there is inserted—

“(za) 20is 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) the person does not under the Immigration Act 1971 require
25leave 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,
and

(iii) 30the 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 55 of this Act) there is inserted—

“Entitlement to work in the United Kingdom

4B 35Regulations may provide that in prescribed circumstances a person
who is not entitled to be in employment in the United Kingdom may
nevertheless be entitled to an employment and support allowance.”

64 Entitlement to work: maternity allowance and statutory payments

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

(2) 40In section 35 (state maternity allowance)—