Welfare Reform Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Welfare Reform Bill

Welfare Reform Bill
Schedule 1 — Amendments connected to section 3
Part 1 — Amendments of Jobseekers Act 1995
56

(6)
In the case of a person whose claim to a jobseeker’s allowance is
based on meeting condition B in section 1A—
(a)
a subsection (1)(a) direction may not be given except as
mentioned in subsection (7); and
(b)
subsections (4) and (5) do not apply (but see subsection (7)).
5
(7)
If a person whose claim to a jobseeker’s allowance is based on
meeting condition B in section 1A so agrees—
(a)
a subsection (1)(a) direction may be given to the person; and
(b)
a subsection (1)(b) direction may require the person to apply
for a place on an employment programme and, if offered the
10
place, accept it and attend the programme.
(8)
Regulations may, in the case of a person of a prescribed description
whose claim to a jobseeker’s allowance is based on meeting
condition B in section 1A, provide—
(a)
for a subsection (1)(b) direction not to be given or not to be
15
given in prescribed circumstances;
(b)
for subsection (3) not to apply or not to apply in prescribed
circumstances.
(9)
For the purposes of this section—
“employment programme” has such meaning as may be
20
prescribed;
“subsection (1)(a) direction” means a direction under subsection
(1) given with a view to achieving the purpose mentioned in
paragraph (a) of that subsection;
“subsection (1)(b) direction” means a direction under
25
subsection (1) given with a view to achieving the purpose
mentioned in paragraph (b) of that subsection;
“training scheme” has such meaning as may be prescribed.
(10)
For the purposes of the application of this section in the case of a
joint-claim couple claiming a joint-claim jobseeker’s allowance—
30
(a)
a direction or notification under this section may be given to
only one member of the couple, or
(b)
separate directions or notifications under this section may be
given to each member of the couple,

and references in this section to a claimant are to be read accordingly.
35
(11)
Nothing in any provision of this section is to be read as prejudicing
the generality of any other provision of this section or of section 18B.
(12)
For the sanctions for failure to comply with this section, see sections
19 and 20A (as read with sections 18C and 18D).
18B
Work-related activity: section 1A(4) claimants
40
(1)
Regulations may make provision for or in connection with imposing
on a person whose claim to a jobseeker’s allowance is based on
meeting condition B in section 1A a requirement to undertake work-
related activity in accordance with regulations.
(2)
Regulations under this section may, in particular, make provision—
45

Welfare Reform Bill
Schedule 1 — Amendments connected to section 3
Part 1 — Amendments of Jobseekers Act 1995
57

(a)
prescribing circumstances in which a person is to be subject
to any requirement imposed by the regulations (a “relevant
requirement”);
(b)
for notifying a person of a relevant requirement;
(c)
prescribing the time or times at which a person who is subject
5
to a relevant requirement is required to undertake work-
related activity and the amount of work-related activity the
person is required at any time to undertake;
(d)
prescribing circumstances in which a person who is subject to
a relevant requirement is, or is not, to be regarded as
10
undertaking work-related activity.
(3)
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 apply, or is to be treated as not having
15
applied.
(4)
In prescribed circumstances, the Secretary of State may by direction
given to a person subject to a requirement imposed under subsection
(1) provide that the activity specified in the direction is—
(a)
to be the only activity which, in the person’s case, is to be
20
regarded as being work-related activity; or
(b)
to be regarded, in the person’s case, as not being work-
related activity.
(5)
A direction under subsection (4) given to any person—
(a)
must be reasonable, having regard to the person’s
25
circumstances;
(b)
must be given to the person by being included in an action
plan provided to the person under section 11C; and
(c)
may be varied or revoked by a subsequent direction under
that subsection.
30
(6)
Where a direction under subsection (4) 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.
(7)
For the purposes of this section “work-related activity”, in relation to
a person, means activity which makes it more likely that the person
35
will obtain or remain in work or be able to do so.
(8)
Nothing in this section is to be read as prejudicing the generality of
any provision of section 18A.
(9)
For the sanctions for failure to comply with this section, see section
19 (as read with sections 18C and 18D).”
40
5
Before section 19 (but after the italic heading immediately before that
section) insert—
“18C
Definitions for purposes of sections 19 and 20A
(1)
This section applies for the purposes of sections 19 and 20A.

Welfare Reform Bill
Schedule 1 — Amendments connected to section 3
Part 1 — Amendments of Jobseekers Act 1995
58

(2)
A person (“P”) is in breach of a jobseeker’s direction if P has, without
good cause, refused or failed to carry out a direction given to P under
section 18A(1).
(3)
A person (“P”) is in breach of a training scheme requirement if P—
(a)
has, without good cause, refused or failed to do as mentioned
5
in section 18A(3);
(b)
has, without good cause, neglected to avail himself or herself
of a reasonable opportunity of a place on a training scheme;
(c)
has, without good cause, given up a place on a training
scheme;
10
(d)
has, without good cause, failed to attend a training scheme on
which P has been given a place; or
(e)
has lost a place on a training scheme through misconduct.
(4)
A person (“P”) is in breach of an employment programme
requirement if P—
15
(a)
has, without good cause, refused or failed to do as mentioned
in section 18A(4);
(b)
has, without good cause, neglected to avail himself or herself
of a reasonable opportunity of a place on an employment
programme;
20
(c)
has, without good cause, given up a place on an employment
programme;
(d)
has, without good cause, failed to attend an employment
programme on which P has been given a place; or
(e)
has lost a place on an employment programme through
25
misconduct.
(5)
A person (“P”) is in breach of an employment requirement if P—
(a)
has, without good cause, refused or failed to do as mentioned
in section 18A(5);
(b)
has lost employment as an employed earner through
30
misconduct;
(c)
has, without just cause, voluntarily left employment as an
employed earner; or
(d)
has, without good cause, neglected to avail himself or herself
of a reasonable opportunity of employment.
35
(6)
A person (“P”) is in breach of a work-related activity requirement if
P has, without good cause, refused or failed to comply with a
requirement imposed on P under section 18B.
(7)
In this section “employment programme” and “training scheme”
have the same meaning as in section 18A.
40
18D
Section 18C: supplemental
(1)
A person is not to be regarded as breaching any requirement under
section 18C merely because the person refuses to seek or accept
employment in a situation which is vacant in consequence of a
stoppage of work due to a trade dispute.
45

Welfare Reform Bill
Schedule 1 — Amendments connected to section 3
Part 1 — Amendments of Jobseekers Act 1995
59

(2)
A person is not to be regarded as breaching a jobseeker’s direction, a
training scheme requirement or an employment programme
requirement under section 18C if—
(a)
a direction is in force under section 16 with respect to the
person; and
5
(b)
the person has acted in such a way as to risk—
(i)
having that direction revoked under section 16(3)(b),
or
(ii)
having the amount of jobseeker’s allowance reduced
by virtue of section 17 because the condition
10
mentioned in section 17(3)(b) or (c) is satisfied.
(3)
In such circumstances as may be prescribed, a person who might
otherwise be regarded as having left employment voluntarily is to be
treated for the purposes of section 18C as not having left voluntarily.
(4)
The circumstances that may be prescribed include, in particular,
15
where the person has been dismissed by reason of redundancy
within the meaning of section 139(1) of the Employment Rights Act
1996 after volunteering or agreeing to be so dismissed.
(5)
Regulations must make provision for the purpose of enabling any
person of a prescribed description to accept any employed earner’s
20
employment without breaching an employment requirement by
virtue of section 18C(5)(c) or (d) should the person leave that
employment voluntarily and without just cause at any time during a
trial period.
(6)
“Trial period” has such meaning as may be prescribed.
25
(7)
Regulations may for the purposes of section 18C—
(a)
prescribe matters which are, or are not, to be taken into
account in determining whether a person has good cause or
just cause for any act or omission;
(b)
prescribe circumstances in which a person is, or is not, to be
30
regarded as having good cause or just cause for any act or
omission.
(8)
Subject to those regulations, in determining whether, for the
purposes of section 18C, a person has, or does not have, good cause
or just cause for any act or omission, any matter relating to the level
35
of remuneration in the employment in question is to be disregarded.
(9)
Regulations may, in the case of a person of a prescribed description
whose claim to a jobseeker’s allowance is based on meeting
condition B in section 1A, provide that section 18C(3)(b) to (e)—
(a)
are not to apply, or
40
(b)
are not to apply in prescribed circumstances.
(10)
Regulations may make provision for the purposes of section
18C(6)—
(a)
prescribing the evidence which a person who is subject to a
requirement imposed under section 18B needs to provide in
45
order to show compliance with the requirement;

Welfare Reform Bill
Schedule 1 — Amendments connected to section 3
Part 1 — Amendments of Jobseekers Act 1995
60

(b)
prescribing matters which are, or are not, to be taken into
account in determining whether a person has complied with
such a requirement.
(11)
Regulations may make provision for determining, for the purposes
of this section, the day on which a person’s employment is to be
5
regarded as starting.”
6
For sections 19 and 20 substitute—
“19
Certain circumstances in which a jobseeker’s allowance is not payable
(1)
This section applies in relation to a jobseeker’s allowance other than
a joint-claim jobseeker’s allowance (as to which see section 20A).
10
(2)
In the case of a claimant whose claim to a jobseeker’s allowance is not
based on meeting condition B in section 1A, a jobseeker’s allowance
is not payable in respect of the claimant for the relevant period if the
claimant is in breach of—
(a)
a jobseeker’s direction,
15
(b)
a training scheme requirement,
(c)
an employment programme requirement, or
(d)
an employment requirement,

even though the claimant meets the conditions for entitlement to the
allowance.
20
(3)
In the case of a claimant whose claim to a jobseeker’s allowance is
based on meeting condition B in section 1A, a jobseeker’s allowance
is not payable in respect of the claimant for the relevant period if the
claimant is in breach of—
(a)
a jobseeker’s direction,
25
(b)
a training scheme requirement, or
(c)
a work-related activity requirement,

even though the claimant meets the conditions for entitlement to the
allowance.
(4)
In this section “the relevant period” means—
30
(a)
in any case where the allowance is not payable because the
claimant is in breach of an employment requirement, such
period as may be determined by the Secretary of State; and
(b)
in any other case, such period as may be prescribed.
(5)
The period which may be determined or prescribed under
35
subsection (4) must be at least one week but not more than 26 weeks.
(6)
Regulations may prescribe—
(a)
circumstances which the Secretary of State is to take into
account, and
(b)
circumstances which the Secretary of State is not to take into
40
account,

in determining a period under subsection (4)(a).
20
Exemptions from section 19
(1)
In such circumstances as may be prescribed, an income-based
jobseeker’s allowance is payable in respect of a claimant even though
45

Welfare Reform Bill
Schedule 1 — Amendments connected to section 3
Part 1 — Amendments of Jobseekers Act 1995
61

section 19 prevents payment of a jobseeker’s allowance to the
claimant.
(2)
An income-based jobseeker’s allowance is payable by virtue of
subsection (1) only if the claimant has complied with such
requirements as to the provision of information as may be prescribed
5
for the purposes of this subsection.
(3)
Regulations under subsection (1) may, in particular, provide for an
income-based jobseeker’s allowance payable by virtue of that
subsection to be—
(a)
payable at a prescribed rate;
10
(b)
payable for a prescribed period (which may differ from the
period fixed under section 19(4)).”
7
For sections 20A and 20B substitute—
“20A
Certain circumstances in which a joint-claim jobseeker’s allowance is
not payable
15
(1)
This section applies in relation to a joint-claim jobseeker’s allowance.
(2)
A member of a joint-claim couple is subject to sanctions for the
purposes of this section for the relevant period if the member is in
breach of—
(a)
a jobseeker’s direction,
20
(b)
a training scheme requirement,
(c)
an employment programme requirement, or
(d)
an employment requirement.
(3)
In this section “the relevant period” means—
(a)
in any case where the member is subject to sanctions because
25
the member is in breach of an employment requirement, such
period as may be determined by the Secretary of State; and
(b)
in any other case, such period as may be prescribed.
(4)
The period which may be determined or prescribed under
subsection (3) must be at least one week but not more than 26 weeks.
30
(5)
Even though the couple meet the conditions for entitlement to a
joint-claim jobseeker’s allowance—
(a)
the allowance is not payable for any period during which
both members of the couple are subject to sanctions; and
(b)
the amount of the allowance payable in respect of the couple
35
for any period during which only one member of the couple
is subject to sanctions is reduced to an amount calculated by
the prescribed method (“the reduced amount”).
(6)
The method prescribed for calculating the reduced amount may, in
particular, involve—
40
(a)
deducting amounts from, or making percentage reductions
of, the amount which would be the amount of the allowance
if neither member of the couple were subject to sanctions;
(b)
disregarding portions of the applicable amount;
(c)
treating amounts as being income or capital of the couple.
45

Welfare Reform Bill
Schedule 1 — Amendments connected to section 3
Part 1 — Amendments of Jobseekers Act 1995
62

(7)
During any period for which the amount of a joint-claim jobseeker’s
allowance is the reduced amount, the allowance is payable to the
member of the couple who is not subject to sanctions.
(8)
Regulations may prescribe—
(a)
circumstances which the Secretary of State is to take into
5
account, and
(b)
circumstances which the Secretary of State is not to take into
account,

in determining a period under subsection (3)(a).
20B
Exemptions from section 20A
10
(1)
In such circumstances as may be prescribed, a joint-claim jobseeker’s
allowance is payable in respect of a joint-claim couple even though
section 20A(5)(a) prevents payment of the allowance to the couple.
(2)
A jobseeker’s allowance is payable by virtue of subsection (1) only if
the couple have complied with such requirements as to the provision
15
of information as may be prescribed for the purposes of this
subsection.
(3)
Regulations under subsection (1) may, in particular, provide for a
jobseeker’s allowance payable by virtue of that subsection to be—
(a)
payable at a prescribed rate;
20
(b)
payable for a prescribed period (which may differ from the
period during which both members of the couple are subject
to sanctions for the purposes of section 20A).”
Other amendments
8
In section 1(4) (the jobseeker’s allowance), for the definition of “a joint-claim
25
jobseeker’s allowance” substitute—
““a joint-claim jobseeker’s allowance” means a jobseeker’s
allowance entitlement to which is based on section 1B.”
9
In section 2(1) (the contribution-based conditions), for “section 1(2)(d)”
substitute “section 1A(1)(b)”.
30
10    (1)
Section 3 (the income-based conditions) is amended as follows.
      (2)
In subsection (1), for “section 1(2A)(b)” substitute “section 1A(3)(b)”.
      (3)
After that subsection insert—
“(1A)
The conditions referred to in section 1A(4)(d) are that the claimant—
(a)
satisfies the conditions set out in subsection (1)(a), (b), (c),
35
(dd), (de) and (e) above;
(b)
is not a member of a couple the other member of which is
entitled to an income-based jobseeker’s allowance; and
(c)
is a person—
(i)
who has reached the age of 18; or
40
(ii)
who has reached the age of 16 but not the age of 18
and falls within a prescribed description of person.”
11
In section 3A(1) (the conditions for claims by joint-claim couples), for
“section 1(2B)(c)” substitute “section 1B(1)(c)”.