Welfare Reform Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Welfare Reform Bill

Welfare Reform Bill
Part 1 — Employment and support allowance
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Exclusion of payments below prescribed minimum
Except in such circumstances as regulations may provide, an employment and
support allowance shall not be payable where the amount otherwise payable
would be less than a prescribed minimum.
Assessments relating to entitlement
5
8
Limited capability for work
(1)
For the purposes of this Part, whether a person’s capability for work is limited
by his physical or mental condition and, if it is, whether the limitation is such
that it is not reasonable to require him to work shall be determined in
accordance with regulations.
10
(2)
Regulations under subsection (1) shall—
(a)
provide for determination on the basis of an assessment of the person
concerned;
(b)
define the assessment by reference to the extent to which a person who
has some specific disease or bodily or mental disablement is capable or
15
incapable of performing such activities as may be prescribed;
(c)
make provision as to the manner of carrying out the assessment.
(3)
Regulations under subsection (1) may, in particular, make provision—
(a)
as to the information or evidence required for the purpose of
determining the matters mentioned in that subsection;
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(b)
as to the manner in which that information or evidence is to be
provided;
(c)
for a person in relation to whom it falls to be determined whether he
has limited capability for work to be called to attend for such medical
examination as the regulations may require.
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(4)
Regulations under subsection (1) may include provision—
(a)
for a person to be treated as not having limited capability for work if he
fails without good cause—
(i)
to provide information or evidence which he is required under
such regulations to provide,
30
(ii)
to provide information or evidence in the manner in which he is
required under such regulations to provide it, or
(iii)
to attend for, or submit himself to, a medical examination for
which he is called under such regulations to attend;
(b)
as to matters which are, or are not, to be taken into account in
35
determining for the purposes of any provision made by virtue of
paragraph (a) whether a person has good cause for any act or omission;
(c)
as to circumstances in which a person is, or is not, to be regarded for the
purposes of any such provision as having good cause for any act or
omission.
40
(5)
Regulations may provide that, in prescribed circumstances, a person in relation
to whom it falls to be determined whether he has limited capability for work,
shall, if prescribed conditions are met, be treated as having limited capability
for work until such time as—
(a)
it has been determined whether he has limited capability for work, or
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Part 1 — Employment and support allowance
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(b)
he falls in accordance with regulations under this section to be treated
as not having limited capability for work.
(6)
The prescribed conditions referred to in subsection (5) may include the
condition that it has not previously been determined, within such period as
may be prescribed, that the person in question does not have, or is to be treated
5
as not having, limited capability for work.
9
Limited capability for work-related activity
(1)
For the purposes of this Part, whether a person’s capability for work-related
activity is limited by his physical or mental condition and, if it is, whether the
limitation is such that it is not reasonable to require him to undertake such
10
activity shall be determined in accordance with regulations.
(2)
Regulations under subsection (1) shall—
(a)
provide for determination on the basis of an assessment of the person
concerned;
(b)
define the assessment by reference to such matters as the regulations
15
may provide;
(c)
make provision as to the manner of carrying out the assessment.
(3)
Regulations under subsection (1) may, in particular, make provision—
(a)
as to the information or evidence required for the purpose of
determining the matters mentioned in that subsection;
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(b)
as to the manner in which that information or evidence is to be
provided;
(c)
for a person in relation to whom it falls to be determined whether he
has limited capability for work-related activity to be called to attend for
such medical examination as the regulations may require.
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(4)
Regulations under subsection (1) may include provision—
(a)
for a person to be treated as not having limited capability for work-
related activity if he fails without good cause—
(i)
to provide information or evidence which he is required under
such regulations to provide,
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(ii)
to provide information or evidence in the manner in which he is
required under such regulations to provide it, or
(iii)
to attend for, or submit himself to, a medical examination for
which he is called under such regulations to attend;
(b)
as to matters which are, or are not, to be taken into account in
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determining for the purposes of any provision made by virtue of
paragraph (a) whether a person has good cause for any act or omission;
(c)
as to circumstances in which a person is, or is not, to be regarded for the
purposes of any such provision as having good cause for any act or
omission.
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Conditionality
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Work-focused health-related assessments
(1)
Regulations may make provision for or in connection with imposing on a
person who is—

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Part 1 — Employment and support allowance
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(a)
entitled to an employment and support allowance, and
(b)
not a member of the support group,

a requirement to take part in one or more work-focused health-related
assessments as a condition of continuing to be entitled to the full amount
payable to him in respect of the allowance apart from the regulations.
5
(2)
Regulations under this section may, in particular, make provision—
(a)
prescribing circumstances in which such a person is subject to a
requirement to take part in one or more work-focused health-related
assessments;
(b)
for notifying such a person of any such requirement;
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(c)
prescribing the work-focused health-related assessments in which a
person who is subject to such a requirement is required to take part;
(d)
for the determination, and notification, of the time and place of any
such assessment;
(e)
prescribing circumstances in which a person attending such an
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assessment is to be regarded as having, or not having, taken part in it;
(f)
for securing that the appropriate consequence follows if a person who
is required under the regulations to take part in a work-focused health-
related assessment—
(i)
fails to take part in the assessment, and
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(ii)
does not, within a prescribed period, show that he had good
cause for that failure;
(g)
prescribing matters which are, or are not, to be taken into account in
determining whether a person had good cause for any failure to
comply with the regulations;
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(h)
prescribing circumstances in which a person is, or is not, to be regarded
as having good cause for any such failure.
(3)
For the purposes of subsection (2)(f), the appropriate consequence of a failure
falling within that provision is that the amount payable to the person in
question in respect of an employment and support allowance is reduced in
30
accordance with regulations.
(4)
Regulations under subsection (3) may, in particular, make provision for
determining—
(a)
the amount by which an allowance is to be reduced,
(b)
when the reduction is to start, and
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(c)
how long it is to continue,

and may include provision prescribing circumstances in which the amount of
the reduction is to be nil.
(5)
Regulations under this section shall include provision for a requirement to take
part in one or more work-focused health-related assessments to cease to have
40
effect if the person subject to the requirement becomes a member of the support
group.
(6)
Regulations under this section may include provision—
(a)
that in such circumstances as the regulations may prescribe a
requirement to take part in a work-focused health-related assessment
45
that would otherwise apply to a person by virtue of such regulations is
not to apply, or is to be treated as not having applied;
(b)
that in such circumstances as the regulations may prescribe such a
requirement is not to apply until a prescribed time;

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(c)
that in such circumstances as the regulations may prescribe the time
and place of a work-focused health-related assessment in which a
person is required by regulations under this section to take part may be
redetermined.
(7)
In this section, “work-focused health-related assessment” means an assessment
5
by a health care professional approved by the Secretary of State which is
carried out for the purpose of assessing—
(a)
the extent to which a person still has capability for work,
(b)
the extent to which his capability for work may be improved by the
taking of steps in relation to his physical or mental condition, and
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(c)
such other matters relating to his physical or mental condition and the
likelihood of his obtaining or remaining in work or being able to do so,
as may be prescribed.
(8)
The reference in subsection (7) to a health care professional is to a member of a
profession (whether or not regulated by, or by virtue of, any enactment) which
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is concerned (wholly or partly) with the physical or mental health of
individuals.
11
Work-focused interviews
(1)
Regulations may make provision for or in connection with imposing on a
person who is—
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(a)
entitled to an employment and support allowance, and
(b)
not a member of the support group,

a requirement to take part in one or more work-focused interviews as a
condition of continuing to be entitled to the full amount payable to him in
respect of the allowance apart from the regulations.
25
(2)
Regulations under this section may, in particular, make provision—
(a)
prescribing circumstances in which such a person is subject to a
requirement to take part in one or more work-focused interviews;
(b)
for notifying such a person of any such requirement;
(c)
prescribing the work-focused interviews in which a person who is
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subject to such a requirement is required take part;
(d)
for determining, in relation to work-focused interviews under the
regulations, when and how the interview is to be conducted and, if it is
to be conducted face to face, where it is to take place;
(e)
for notifying persons who are required under the regulations to take
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part in a work-focused interview of what is determined in respect of the
matters mentioned in paragraph (d);
(f)
prescribing circumstances in which a person who is a party to a work-
focused interview under the regulations is to be regarded as having, or
not having, taken part in it;
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(g)
for securing that the appropriate consequence follows if a person who
is required under the regulations to take part in a work-focused
interview—
(i)
fails to take part in the interview, and
(ii)
does not, within a prescribed period, show that he had good
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cause for that failure;

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(h)
prescribing matters which are, or are not, to be taken into account in
determining whether a person had good cause for any failure to
comply with the regulations;
(i)
prescribing circumstances in which a person is, or is not, to be regarded
as having good cause for any such failure.
5
(3)
For the purposes of subsection (2)(g), the appropriate consequence of a failure
falling within that provision is that the amount payable to the person in
question in respect of an employment and support allowance is reduced in
accordance with regulations.
(4)
Regulations under subsection (3) may, in particular, make provision for
10
determining—
(a)
the amount by which an allowance is to be reduced,
(b)
when the reduction is to start, and
(c)
how long it is to continue,

and may include provision prescribing circumstances in which the amount of
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the reduction is to be nil.
(5)
Regulations under this section shall include provision for a requirement to take
part in one or more work-focused interviews to cease to have effect if the
person subject to the requirement becomes a member of the support group.
(6)
Regulations under this section may include provision—
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(a)
that in such circumstances as the regulations may prescribe
requirement to take part in a work-focused interview that would
otherwise apply to a person by virtue of such regulations is not to
apply, or is to be treated as not having applied;
(b)
that in such circumstances as the regulations may prescribe such a
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requirement is not to apply until a prescribed time;
(c)
that in such circumstances as the regulations may prescribe matters
mentioned in subsection (2)(d) may be redetermined.
(7)
In this section, “work-focused interview” means an interview by the Secretary
of State conducted for such purposes connected with getting the person
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interviewed into work, or keeping him in work, as may be prescribed.
12
Work-related activity
(1)
Regulations may make provision for or in connection with imposing on a
person who is subject to a requirement imposed under section 11(1) a
requirement to undertake work-related activity in accordance with regulations
35
as a condition of continuing to be entitled to the full amount payable to him in
respect of an employment and support allowance apart from the regulations.
(2)
Regulations under this section may, in particular, make provision—
(a)
prescribing circumstances in which such a person is subject to a
requirement to undertake work-related activity in accordance with
40
regulations;
(b)
for notifying such a person of any such requirement;
(c)
prescribing the time or times at which a person who is subject to such a
requirement is required to undertake work-related activity and the
amount of work-related activity he is required at any time to undertake;
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(d)
prescribing circumstances in which a person who is subject to such a
requirement is, or is not, to be regarded as undertaking work-related
activity;
(e)
for securing that the appropriate consequence follows if a person who
is subject to such a requirement—
5
(i)
fails to comply with the regulations, and
(ii)
does not, within a prescribed period, show that he had good
cause for that failure;
(f)
prescribing the evidence which a person who is subject to such a
requirement needs to provide in order to show that he has complied
10
with the regulations;
(g)
prescribing matters which are, or are not, to be taken into account in
determining whether a person has complied with the regulations;
(h)
prescribing matters which are, or are not, to be taken into account in
determining whether a person had good cause for any failure to
15
comply with the regulations;
(i)
prescribing circumstances in which a person is, or is not, to be regarded
as having good cause for any such failure.
(3)
For the purposes of subsection (2)(e), the appropriate consequence of a failure
falling within that provision is that the amount payable to the person in
20
question in respect of an employment and support allowance is to be reduced
in accordance with regulations.
(4)
Regulations under subsection (3) may, in particular, make provision for
determining—
(a)
the amount by which an allowance is to be reduced,
25
(b)
when the reduction is to start, and
(c)
how long it is to continue,

and may include provision prescribing circumstances in which the amount of
the reduction is to be nil.
(5)
Regulations under this section shall include provision for a requirement to
30
undertake work-related activity in accordance with regulations to cease to
have effect if the person subject to the requirement becomes a member of the
support group.
(6)
Regulations under this section may include provision that in such
circumstances as the regulations may provide a person’s obligation under the
35
regulations to undertake work-related activity at a particular time is not to
apply, or is to be treated as not having applied.
(7)
In this Part, “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.
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Action plans in connection with work-focused interviews
(1)
The Secretary of State shall in prescribed circumstances provide a person
subject to a requirement imposed under section 11(1) with a document
prepared for such purposes as may be prescribed (in this section referred to as
an action plan).
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(2)
Regulations may make provision about—
(a)
the form of action plans;

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(b)
the content of action plans;
(c)
the review and updating of action plans.
(3)
Regulations under this section may, in particular, make provision for action
plans which are provided to a person who is subject under section 12 to a
requirement to undertake work-related activity to contain particulars of
5
activity which, if undertaken, would enable the requirement to be met.
(4)
Regulations may make provision for reconsideration of an action plan at the
request of the person to whom the plan is provided and may, in particular,
make provision about—
(a)
the circumstances in which reconsideration may be requested;
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(b)
the period within which any reconsideration must take place;
(c)
the matters to which regard must be had when deciding on
reconsideration whether the plan should be changed;
(d)
notification of the decision on reconsideration;
(e)
the giving of directions for the purpose of giving effect to the decision
15
on reconsideration.
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Directions about work-related activity
(1)
In prescribed circumstances, the Secretary of State may by direction given to a
person subject to a requirement imposed under section 12(1) provide that the
undertaking of activity specified in the direction is, in his case, to be treated as
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not being the undertaking of work-related activity.
(2)
The power under subsection (1) to give directions—
(a)
is exercisable by instrument in writing, and
(b)
includes power to vary or revoke a direction given in previous exercise
of the power.
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(3)
Where a direction under subsection (1) varies or revokes a previous direction,
it may provide for the variation or revocation to have effect from a time before
the giving of the direction.
(4)
Regulations may make provision for decisions under this section to be treated
for the purposes of section 12 of the Social Security Act 1998 (c. 14) (appeal to
30
appeal tribunal) as decisions to which that section applies.
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Contracting out
(1)
The following functions of the Secretary of State may be exercised by, or by
employees of, such person (if any) as the Secretary of State may authorise for
the purpose, namely—
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(a)
conducting interviews under section 11;
(b)
providing documents under section 13;
(c)
giving, varying or revoking directions under section 14.
(2)
Regulations may provide for any of the following functions of the Secretary of
State to be exercisable by, or by employees of, such person (if any) as the
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Secretary of State may authorise for the purpose—
(a)
any function conferred or imposed expressly on the Secretary of State
by regulations under any of sections 10 to 14;
(b)
any function conferred or imposed on the Secretary of State by virtue of
the application in relation to such regulations of section 8(1)(c) of the
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