Welfare Reform Bill

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Welfare Reform Bill

Welfare Reform Bill
Part 1 — Employment and support allowance
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Conditionality
10
Work-focused health-related assessments
(1)
Regulations may make provision for or in connection with imposing on a
person who is—
(a)
entitled to an employment and support allowance, and
5
(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.
(2)
Regulations under this section may, in particular, make provision—
10
(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;
(c)
prescribing the work-focused health-related assessments in which a
15
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
assessment is to be regarded as having, or not having, taken part in it;
20
(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
(ii)
does not, within a prescribed period, show that he had good
25
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;
(h)
prescribing circumstances in which a person is, or is not, to be regarded
30
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
accordance with regulations.
35
(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
(c)
how long it is to continue,
40

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
effect if the person subject to the requirement becomes a member of the support
45
group.
(6)
Regulations under this section may include provision—

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Part 1 — Employment and support allowance
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(a)
that in such circumstances as the regulations may prescribe a
requirement to take part in a work-focused health-related assessment
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
5
requirement is not to apply until a prescribed time;
(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.
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(7)
In this section, “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)
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
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taking of steps in relation to his physical or mental condition, and
(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
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profession (whether or not regulated by, or by virtue of, any enactment) which
is concerned (wholly or partly) with the physical or mental health of
individuals.
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Work-focused interviews
(1)
Regulations may make provision for or in connection with imposing on a
25
person who is—
(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
30
respect of the 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 take part in one or more work-focused interviews;
(b)
for notifying such a person of any such requirement;
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(c)
prescribing the work-focused interviews in which a person who is
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;
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(e)
for notifying persons who are required under the regulations to take
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
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not having, taken part in it;

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Part 1 — Employment and support allowance
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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
5
cause for that failure;
(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
10
as having good cause for any such failure.
(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.
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(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
(c)
how long it is to continue,
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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 interviews to cease to have effect if the
person subject to the requirement becomes a member of the support group.
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(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 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;
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(b)
that in such circumstances as the regulations may prescribe such a
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
35
of State conducted for such purposes connected with getting the person
interviewed into work, or keeping him in work, as may be prescribed.
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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
40
requirement to undertake work-related activity in accordance with regulations
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
45
requirement to undertake work-related activity in accordance with
regulations;

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(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;
(d)
prescribing circumstances in which a person who is subject to such a
5
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—
(i)
fails to comply with the regulations, and
10
(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
with the regulations;
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(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
comply with the regulations;
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(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
question in respect of an employment and support allowance is to be reduced
25
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,
(b)
when the reduction is to start, and
30
(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
undertake work-related activity in accordance with regulations to cease to
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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
regulations to undertake work-related activity at a particular time is not to
40
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
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(1)
The Secretary of State shall in prescribed circumstances provide a person
subject to a requirement imposed under section 11(1) with a document

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Part 1 — Employment and support allowance
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prepared for such purposes as may be prescribed (in this section referred to as
an action plan).
(2)
Regulations may make provision about—
(a)
the form of action plans;
(b)
the content of action plans;
5
(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
activity which, if undertaken, would enable the requirement to be met.
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(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;
(b)
the period within which any reconsideration must take place;
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(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
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
not being the undertaking of work-related activity.
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(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.
(3)
Where a direction under subsection (1) varies or revokes a previous direction,
30
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
appeal tribunal) as decisions to which that section applies.
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15
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—
(a)
conducting interviews under section 11;
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(b)
providing documents under section 13;
(c)
giving, varying or revoking directions under section 14.

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(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
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;
5
(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
Social Security Act 1998 (c. 14) (decisions under certain enactments to
be made by the Secretary of State);
(c)
the function under section 9(1) of that Act (revision of decisions), so far
10
as relating to decisions that relate to any matter arising under such
regulations;
(d)
the function under section 10(1) of that Act (superseding of decisions),
so far as relating to decisions of the Secretary of State that relate to any
matter arising under such regulations;
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(e)
any function under Chapter 2 of Part 1 of that Act (social security
decisions), except section 25(2) and (3) (decisions involving issues that
arise on appeal in other cases), which relates to the exercise of any of the
functions mentioned in paragraphs (a) to (d).
(3)
Regulations under subsection (2) may provide that a function to which that
20
subsection applies may be exercised—
(a)
either wholly or to such extent as the regulations may provide,
(b)
either generally or in such cases or areas as the regulations may
provide, and
(c)
either unconditionally or subject to the fulfilment of such conditions as
25
the regulations may provide.
(4)
An authorisation given by virtue of subsection (1), or by virtue of regulations
under subsection (2), may authorise the exercise of the function concerned—
(a)
either wholly or to such extent as may be specified in the authorisation,
(b)
either generally or in such cases or areas as may be so specified, and
30
(c)
either unconditionally or subject to the fulfilment of such conditions as
may be so specified.
(5)
In the case of an authorisation given by virtue of regulations under subsection
(2), subsection (4) is subject to the provisions of the regulations.
(6)
An authorisation given by virtue of subsection (1), or by virtue of regulations
35
under subsection (2)—
(a)
may specify its duration,
(b)
may be revoked at any time by the Secretary of State, and
(c)
shall not prevent the Secretary of State or any other person from
exercising the function to which the authorisation relates.
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(7)
Where a person is authorised to exercise any function by virtue of subsection
(1), or by virtue of regulations under subsection (2), anything done or omitted
to be done by or in relation to him (or an employee of his) in, or in connection
with, the exercise or purported exercise of the function shall be treated for all
purposes as done or omitted to be done by or in relation to the Secretary of
45
State.
(8)
Subsection (7) shall not apply—

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(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
5
employee of his).
(9)
Where—
(a)
a person is authorised to exercise any function by virtue of subsection
(1), or by virtue of regulations under subsection (2), and
(b)
the authorisation is revoked at a time when a relevant contract is
10
subsisting,

the authorised person shall be entitled to treat the relevant contract as
repudiated by the Secretary of State (and not as frustrated by reason of the
revocation).
(10)
In subsection (9), the reference to a relevant contract is to so much of any
15
contract made between the authorised person and the Secretary of State as
relates to the exercise of the function.
Miscellaneous
16
Income and capital: general
(1)
In relation to a claim for an employment and support allowance, the income
20
and capital of a person shall be calculated or estimated in such manner as may
be prescribed.
(2)
A person’s income in respect of a week shall be calculated in accordance with
prescribed rules, which may provide for the calculation to be made by
reference to an average over a period (which need not include the week
25
concerned).
(3)
Circumstances may be prescribed in which—
(a)
a person is to be treated as possessing capital or income which he does
not possess;
(b)
capital or income which a person does possess is to be disregarded;
30
(c)
income is to be treated as capital;
(d)
capital is to be treated as income.
(4)
Regulations may provide that a person’s capital shall be deemed for the
purposes of this Part to yield him an income at a prescribed rate.
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Disqualification
35
(1)
Regulations may provide for a person to be disqualified for receiving an
employment and support allowance, or treated for such purposes as the
regulations may provide as not having limited capability for work, if—
(a)
he has become someone who has limited capability for work through
his own misconduct,
40
(b)
he remains someone who has limited capability for work through his
failure without good cause to follow medical advice, or
(c)
he fails without good cause to observe any prescribed rules of
behaviour.