Welfare Reform Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Welfare Reform Bill

Welfare Reform Bill
Part 5 — Miscellaneous and supplementary
49

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Child support maintenance: offences relating to information
(1)
Section 14A of the Child Support Act 1991 (c. 48) (offences relating to
information) is amended as follows.
(2)
For subsection (3A) substitute—
“(3A)
In the case of regulations under section 14 which require a person liable
5
to make payments of child support maintenance to notify—
(a)
a change of address, or
(b)
any other change of circumstances,

a person who fails to comply with the requirement is guilty of an
offence.”
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(3)
After subsection (5) insert—
“(6)
In England and Wales, an information relating to an offence under
subsection (2) may be tried by a magistrates’ court if it is laid within the
period of 12 months beginning with the commission of the offence.
(7)
In Scotland, summary proceedings for an offence under subsection (2)
15
may be commenced within the period of 12 months beginning with the
commission of the offence.
(8)
Section 136(3) of the Criminal Procedure (Scotland) Act 1995 (c. 46)
(date when proceedings deemed to be commenced) applies for the
purposes of subsection (7) as it applies for the purposes of that section.”
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Part 4
Birth registration
44
Registration of births
Schedule 6 contains—
(a)
amendments of the Births and Deaths Registration Act 1953 (c. 20)
25
relating to the registration of the births of children whose parents are
neither married to each other nor civil partners of each other,
(b)
amendments of that Act relating to the late registration of births, and
(c)
related amendments of other legislation.
Part 5
30
Miscellaneous and supplementary
45
Consequential amendments of subordinate legislation
(1)
The Secretary of State may by regulations made by statutory instrument make
such provision amending or revoking any instrument made under any other
Act before the passing of this Act as appears to the Secretary of State to be
35
appropriate in consequence of any provision of this Act, other than a provision
contained in Part 2.
(2)
Regulations under this section may include—
(a)
transitional provisions or savings, and
(b)
provision conferring a discretion on any person.
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Welfare Reform Bill
Part 5 — Miscellaneous and supplementary
50

(3)
A statutory instrument containing regulations under this section is subject to
annulment in pursuance of a resolution of either House of Parliament.
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Repeals and revocations
(1)
Schedule 7 contains repeals and revocations.
(2)
The following repeals and revocation in Part 2 of that Schedule (which are
5
made in consequence of section 12(1)) have effect on 6 April 2010—
(a)
the repeals in the Social Security Contributions and Benefits Act 1992
(c. 4) other than those of sections 88, 89, 91 and 92;
(b)
the repeal of paragraph 24 of Schedule 1 to the Jobseekers Act 1995
(c. 18);
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(c)
the repeals in the Welfare Reform and Pensions Act 1999 (c. 30), the Tax
Credits Act 2002 (c. 21), the Civil Partnership Act 2004 (c. 33) and the
Child Benefit Act 2005 (c. 6); and
(d)
the revocation in the Regulatory Reform (Carer’s Allowance) Order
2002 (S.I. 2002/ 1457).
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(3)
The repeal in that Part of paragraph 9 of Part 4 of Schedule 4 to the Social
Security Contributions and Benefits Act 1992 is not to be taken as affecting the
operation of article 3 of the Tax Credits Act 2002 (Commencement No. 3 and
Transitional Provisions and Savings) Order 2003 (S.I. 2003/ 938) (savings in
relation to the abolition of child dependency increases).
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47
Financial provisions
(1)
There is to be paid out of money provided by Parliament—
(a)
any expenditure incurred in consequence of this Act by a Minister of the
Crown, a government department or the Registrar General for England and
Wales, and
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(b)
any increase attributable to this Act in the sums payable under any other Act
out of money so provided.
(2)
There are to be paid into the Consolidated Fund any increase attributable to this Act in
the sums payable into that Fund under any other Act.
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Extent
30
(1)
The following provisions of this Act extend to England and Wales, Scotland
and Northern Ireland—
section 19 and Schedule 4 (loss of benefit provisions); and
this section and sections 49 and 50.
(2)
Section 44 and Schedule 6 (birth registration) extend to England and Wales
35
only.
(3)
Subject to subsection (4), the other provisions of this Act extend to England and
Wales and Scotland only.
(4)
Any amendment, repeal or revocation made by this Act has the same extent as
the enactment to which it relates.
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(5)
Subsection (4) is subject to paragraph 20(2) of Schedule 6.

Welfare Reform Bill
Part 5 — Miscellaneous and supplementary
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Commencement
(1)
The following provisions of this Act come into force on the day on which this
Act is passed—
sections 1 and 2;
section 9;
5
sections 21 and 22;
section 27;
section 45;
sections 47 and 48;
this section;
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section 50; and
Schedule 3.
(2)
The following provisions of this Act come into force at the end of the period of
2 months beginning with the day on which this Act is passed—
section 12;
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section 25;
Part 2;
section 46(2) and (3); and
Part 2 of Schedule 7 so far as relating to the repeals and revocation
mentioned in section 46(2).
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(3)
The other provisions of this Act come into force on such day as the Secretary of
State may by order made by statutory instrument appoint.
(4)
An order under subsection (3) may—
(a)
appoint different days for different purposes and in relation to different
areas;
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(b)
make such provision as the Secretary of State considers necessary or
expedient for transitory, transitional or saving purposes in connection
with the coming into force of any provision falling within that
subsection.
(5)
Before making an order under subsection (3) in relation to any provision of Part
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1 of Schedule 6 (birth registration), the Secretary of State must consult the
Registrar General for England and Wales.
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Short title
This Act may be cited as the Welfare Reform Act 2009.

52
Welfare Reform Bill
Schedule 1 — Amendments connected to section 3
Part 1 — Amendments of Jobseekers Act 1995

Schedules
Schedule 1
Section 3

Amendments connected to section 3
Part 1
Amendments of Jobseekers Act 1995
5
Introduction
1
The Jobseekers Act 1995 (c. 18) is amended as follows.
Work-focused interviews etc.
2
In section 8(1) (attendance, information and evidence), after “other than a”
insert “claimant whose claim is based on meeting condition B in section 1A
10
or”.
3
After section 11 insert—
“Work-focused interviews etc.
11A
Persons not required to meet the jobseeking conditions
(1)
Regulations may make provision for or in connection with imposing
15
on a person—
(a)
who makes a claim for a jobseeker’s allowance (other than a
joint-claim jobseeker’s allowance), and
(b)
to whom section 8(1) does not apply,

a requirement to take part in a work-focused interview as an
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additional condition which the person must meet before the person
becomes entitled to the allowance.
(2)
Regulations may make provision for or in connection with imposing
on a person—
(a)
who is entitled to a jobseeker’s allowance (other than a joint-
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claim jobseeker’s allowance), and
(b)
to whom section 8(1) does not apply,

a requirement to take part in one or more work-focused interviews
as a condition of continuing to be entitled to the full amount of the
allowance payable apart from the regulations.
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(3)
In this section and sections 11B and 11C “work-focused interview”,
in relation to any person, means an interview conducted for such
purposes connected with employment or training in the case of that
person as may be prescribed.

Welfare Reform Bill
Schedule 1 — Amendments connected to section 3
Part 1 — Amendments of Jobseekers Act 1995
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(4)
The purposes which may be so prescribed include—
(a)
purposes connected with a person’s existing or future
employment or training prospects or needs; and
(b)
(in particular) assisting or encouraging a person to enhance
the person’s employment prospects.
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11B
Provision which may be made by regulations under section 11A
(1)
Regulations under section 11A(1) or (2) may, in particular, make
provision—
(a)
prescribing circumstances in which a person is to be subject
to a requirement to take part in one or more work-focused
10
interviews (a “relevant requirement”);
(b)
for notifying a person of a relevant requirement;
(c)
prescribing the work-focused interviews in which a person
who is subject to a relevant requirement is required to take
part;
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(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 subject to a relevant
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requirement 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 subject to a relevant requirement—
(i)
fails to take part in the work-focused interview, and
(ii)
does not, within a prescribed period, show that the
person had good 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 has 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.
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(2)
For the purposes of subsection (1)(g) “the appropriate consequence”
means—
(a)
in the case of regulations under section 11A(1), that the
person is to be regarded as not having made a claim for the
allowance or, if the allowance has already been awarded
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(because the case is within subsection (6)), the entitlement to
it is to cease immediately;
(b)
in the case of regulations under section 11A(2), that the
amount of the allowance is to be reduced by the prescribed
amount until the prescribed time.
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(3)
Regulations under section 11A(2) may, in relation to any such
reduction, provide—
(a)
for the amount of the reduction to be calculated in the first
instance by reference to such amount as may be prescribed;

Welfare Reform Bill
Schedule 1 — Amendments connected to section 3
Part 1 — Amendments of Jobseekers Act 1995
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(b)
for the amount as so calculated to be restricted, in prescribed
circumstances, to the prescribed extent;
(c)
where the person is also entitled to one or more relevant
benefits, for determining the extent, and the order, in which
the jobseeker’s allowance and the relevant benefits are to be
5
reduced in order to give effect to the required reduction.
(4)
Regulations under section 11A(1) or (2) may provide that a relevant
requirement that would otherwise apply to a person by virtue of the
regulations—
(a)
is, in any prescribed circumstances, either not to apply or not
10
to apply until such time as is prescribed;
(b)
is not to apply if the Secretary of State determines that a
work-focused interview would not be of assistance to the
person or would otherwise not be appropriate in the
circumstances;
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(c)
is not to apply until such time as the Secretary of State
determines, if the Secretary of State determines that a work-
focused interview would not be of assistance to the person, or
would otherwise not be appropriate in the circumstances,
until that time.
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(5)
The regulations may make provision for treating a person in relation
to whom a relevant requirement does not apply, or does not apply
until a particular time, as having complied with the requirement to
such extent and for such purposes as may be prescribed.
(6)
Where—
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(a)
a person is subject to a relevant requirement as a result of
regulations under section 11A(1), and
(b)
the interview is postponed by or under provision of the
regulations made as a result of subsection (4)(a) or (c) above,

the time to which it is so postponed may be a time falling after an
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award of the allowance.
(7)
In this section “relevant benefit”, in relation to any person, means
any benefit in relation to which the person is required to take part in
a work-focused interview by virtue of regulations made under
section 2A of the Administration Act.
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11C
Action plans in connection with work-focused interviews
(1)
The Secretary of State must in prescribed circumstances provide an
action plan to a person subject to a requirement imposed under
section 11A to take part in a work-focused interview.
(2)
In this section an “action plan” means a document prepared for such
40
purposes as may be prescribed.
(3)
Regulations may make provision about—
(a)
the form of action plans;
(b)
the content of action plans;
(c)
the review and updating of action plans.
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Welfare Reform Bill
Schedule 1 — Amendments connected to section 3
Part 1 — Amendments of Jobseekers Act 1995
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(4)
Regulations may make provision for reconsideration of an action
plan at the request of the person to whom it is provided and may, in
particular, make provision about—
(a)
the circumstances in which reconsideration may be
requested;
5
(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
10
decision on reconsideration.”
Directions given by officers of the Secretary of State etc
4
After section 18 insert—
“Claimants to comply with directions etc.
18A
Requirements imposed on claimants by officers of the Secretary of
15
State
(1)
A claimant must carry out any direction given by an officer of the
Secretary of State to the claimant with a view to achieving one or
both of the following—
(a)
assisting the claimant to find employment;
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(b)
improving the claimant’s existing or future prospects of
being or remaining employed.
(2)
A direction under subsection (1)—
(a)
must be reasonable, having regard to the claimant’s
circumstances;
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(b)
must be in writing; and
(c)
may be varied or revoked by a subsequent direction given
under that subsection.
(3)
If an officer of the Secretary of State notifies a claimant of a place on
a training scheme which is vacant or about to become vacant, the
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claimant—
(a)
must apply for the place, and
(b)
if offered the place, must accept it and attend the scheme.
(4)
If an officer of the Secretary of State notifies a claimant of a place on
an employment programme which is vacant or about to become
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vacant, the claimant—
(a)
must apply for the place, and
(b)
if offered the place, must accept it and attend the programme.
(5)
If an officer of the Secretary of State notifies a claimant of a situation
in any employment which is vacant or about to become vacant, the
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claimant—
(a)
must apply for the situation, and
(b)
if offered the situation, must accept it.