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Welfare Reform Bill


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

63

 

12         

In section 4(11A) (amount payable by way of a jobseeker’s allowance), for

“section 1(2C)” substitute “section 1A(6)”.

13         

In section 9 (the jobseeker’s agreement)—

(a)   

in subsection (2), for “section 1” substitute “section 1A”,

(b)   

in subsection (5), for “section 1(2)(a) and (c)” substitute “section

5

1A(5)(a) and (c)”,

(c)   

in subsection (6)(a)—

(i)   

in sub-paragraph (i), for “section 1(2)(a)” substitute “section

1A(5)(a)”, and

(ii)   

in sub-paragraph (ii), for “section 1(2)(c)” substitute “section

10

1A(5)(c)”, and

(d)   

in subsection (10), for “section 1(2)(b)” substitute “section 1A(5)(b)”.

14         

In section 10 (variation of jobseeker’s agreement)—

(a)   

in subsection (4), for “section 1(2)(a) and (c)” substitute “section

1A(5)(a) and (c)”, and

15

(b)   

in subsection (5)(a)—

(i)   

in sub-paragraph (i), for “section 1(2)(a)” substitute “section

1A(5)(a)”, and

(ii)   

in sub-paragraph (ii), for “section 1(2)(c)” substitute “section

1A(5)(c)”.

20

15    (1)  

Section 14 (trade disputes) is amended as follows.

      (2)  

In subsection (1), at the beginning insert “Except in prescribed

circumstances,”.

      (3)  

In subsection (2), at the beginning insert “Except in prescribed

circumstances,”.

25

      (4)  

After subsection (2) insert—

“(2A)   

Subsections (1) and (2) do not apply to a person who is a member of

a couple unless the other member of the couple is a person to whom

either of those subsections apply (but see instead the provision made

by section 15).”

30

16    (1)  

Section 15 (effect on other claimants) is amended as follows.

      (2)  

For subsection (1) substitute—

“(1)   

Except in prescribed circumstances, subsection (2) applies in relation

to any person (“P”) who—

(a)   

is a member of a couple, and

35

(b)   

claims an income-based jobseeker’s allowance,

   

in any case where, if subsection (2A) of section 14 were to be

disregarded, either P or the other member of the couple (but not

both) would be prevented by that section from being entitled to a

jobseeker’s allowance.

40

(1A)   

In this section any reference to the relevant person is to the member

of the couple concerned who would be prevented by that section

from being so entitled (whether or not that person is also the

claimant).”

      (3)  

In subsection (2)—

45

 
 

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

64

 

(a)   

in paragraph (a), for “A” substitute “the relevant person”,

(b)   

in paragraph (b), for the words from “where” to “them” substitute

“any portion of the applicable amount which is included in respect

of the couple”, and

(c)   

in paragraph (c), for “A” (in both places) substitute “the relevant

5

person” and for “A’s” substitute “that person’s”.

      (4)  

In subsection (4), for “A” (in both places) substitute “the relevant person”.

17    (1)  

Section 15A (trade disputes: joint-claim couples) is amended as follows.

      (2)  

After subsection (1), insert—

“(1A)   

Section 14 shall apply as if subsection (2A) of that section were

10

omitted.”

      (3)  

In subsection (4), omit paragraph (b) (together with the “or” immediately

before it).

      (4)  

In subsection (5)—

(a)   

for paragraph (b) substitute—

15

“(b)   

references to the relevant person are to the person

mentioned in subsection (4)(a) above;”, and

(b)   

omit paragraph (c) (but not the “and” at the end of it).

18         

After section 15A insert—

“15B    

Other provision relating to a person’s return to work

20

(1)   

This section applies if a person (“P”) returns to work with the same

employer after a period during which—

(a)   

P is, or would be, prevented by section 14 from being entitled

to a jobseeker’s allowance, or

(b)   

section 15(2) applies in a case where (if subsection (2A) of

25

section 14 were to be disregarded) P would be prevented by

that section from being so entitled.

(2)   

It does not matter whether or not the return to work is before the end

of the stoppage of work in question.

(3)   

In the case of a claim for an income-based jobseeker’s allowance

30

other than a joint-claim jobseeker’s allowance—

(a)   

P is to be treated as not engaged in remunerative work until

the end of the period of 15 days beginning with the day on

which P returns to work, and

(b)   

any sum paid by way of a jobseeker’s allowance for that

35

period of 15 days to P or, if P is a member of a couple, to the

other member of the couple is recoverable in accordance with

regulations from the person to whom it was paid or from any

prescribed person or, where the person to whom it was paid

is a member of a couple, from the other member of the couple.

40

(4)   

In the case of a claim for a joint-claim jobseeker’s allowance—

(a)   

P is to be treated as meeting the jobseeking conditions, and as

not engaged in remunerative work, until the end of the

period of 15 days beginning with the day on which P returns

to work, and

45

 
 

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

65

 

(b)   

any sum paid by way of a joint-claim jobseeker’s allowance

for that period of 15 days in respect of the couple is

recoverable in accordance with regulations from each

member of the couple or from any prescribed person.”

19         

In—

5

(a)   

section 17A(8) (schemes for assisting persons to obtain employment:

“work for your benefit” schemes etc.), which is inserted by section 1

of this Act,

(b)   

section 20C(7) (sanctions for violent conduct in connection with

claim), which is inserted by section 20 of this Act, and

10

(c)   

paragraph 7(4) of Schedule A1 (claimants dependent on drugs etc.),

which is inserted by Schedule 3 to this Act,

           

for “section 20B(4)” substitute “section 20B(1)”.

20         

In section 22(2) (members of the forces), for “section 19(6)(b)” substitute

“section 18C(5)(c)”.

15

21         

In section 35(1) (interpretation) —

(a)   

after the definition of “the applicable amount” insert—

““the basic conditions” means the conditions set out in

section 1A(5);”, and

(b)   

after the definition of “jobseeker’s agreement” insert—

20

““the jobseeking conditions” means the conditions set

out in section 1A(5)(a) to (c);”.

22         

In section 36(4A)(b) (regulations and orders), which is inserted by section 1

of this Act, after “section” insert “11A, 11C, 18B or”.

23    (1)  

Schedule 1 (supplementary provisions) is amended as follows.

25

      (2)  

In paragraph 2, at the end insert—

    “(3)  

Regulations may provide that the condition in section 1A(5)(e)

(person not to have limited capability for work) is not to apply in

prescribed circumstances to a person whose claim to a jobseeker’s

allowance is based on meeting condition B in section 1A.”

30

      (3)  

For paragraph 8 substitute—

“8         

Regulations may prescribe circumstances in which a person may

be entitled to an income-based jobseeker’s allowance without

being required to meet the jobseeking conditions in any case

where the person would not otherwise be so entitled.”

35

      (4)  

In paragraph 8A(1), for “conditions referred to in section 1(2B)(b)” substitute

“basic conditions”.

      (5)  

In paragraph 14—

(a)   

renumber the existing text as sub-paragraph (1), and

(b)   

after that sub-paragraph (as renumbered) insert—

40

    “(2)  

Regulations may provide that the condition in section

1A(5)(f) (person not to be receiving relevant education) is

not to apply in prescribed circumstances to a person whose

claim to a jobseeker’s allowance is based on meeting

condition B in section 1A.”

45

 
 

Welfare Reform Bill
Schedule 2 — Abolition of income support: consequential amendments

66

 

      (6)  

After paragraph 14 insert—

“Pensionable age

14A        

Regulations may provide that in prescribed circumstances the

condition in section 1A(5)(g) (person to be under pensionable age)

is to have effect in relation to a person whose claim to a jobseeker’s

5

allowance is based on meeting condition B in section 1A as if for

“pensionable age” there were substituted “the qualifying age for

state pension credit (within the meaning of the State Pension

Credit Act 2002)”.”

Part 2

10

Amendments of other Acts

Social Security Administration Act 1992 (c. 5)

24         

In section 2A of the Social Security Administration Act 1992 (claim or full

entitlement to certain benefits conditional on work-focused interview), at

the end insert—

15

“(9)   

For the purposes of this section—

(a)   

the references in subsections (3)(a) and (5)(c) to a relevant

benefit include references to a jobseeker’s allowance in

relation to which a person is required to take part in a work-

focused interview by virtue of regulations made under

20

section 11A of the Jobseekers Act 1995;

(b)   

the reference in subsection (5)(c) to any reduction of the

amount of benefit payable to any person under subsection

(4)(b) includes a reference to any reduction of the amount of

a jobseeker’s allowance payable in respect of that person by

25

virtue of those regulations.”

Social Security Act 1998 (c. 14)

25         

In paragraph 3(d) of Schedule 3 to the Social Security Act 1998 (decisions

against which an appeal lies), after “section 19” insert “or 20A”.

Welfare Reform Act 2007 (c. 5)

30

26         

In section 1(6) of the Welfare Reform Act 2007 (employment and support

allowance), in the definition of “joint-claim jobseeker’s allowance”, for

“section 1(2B)” substitute “section 1B”.

Schedule 2

Section 7

 

Abolition of income support: consequential amendments

35

Magistrates’ Courts Act 1980 (c. 43)

1          

In sections 89(2A) and 90(3A) of the Magistrates’ Courts Act 1980 (transfer

of fine order), for “income support” substitute “jobseeker’s allowance etc”.

 
 

Welfare Reform Bill
Schedule 2 — Abolition of income support: consequential amendments

67

 

Criminal Justice Act 1991 (c. 53)

2          

In section 24 of the Criminal Justice Act 1991 (recovery of fines etc. by

deductions from income support), in the title, for “income support”

substitute “jobseeker’s allowance etc”.

Social Security Administration Act 1992 (c. 5)

5

3          

In section 74 of the Social Security Administration Act 1992 (income support

and other payments), in the title, for “Income support” substitute “Income-

based jobseeker’s allowance”.

Local Government Finance Act 1992 (c. 14)

4          

In paragraph 12(1) of Schedule 4 to the Local Government Finance Act 1992

10

(enforcement: relationship between remedies)—

(a)   

in paragraph (b), for “income support” substitute “jobseeker’s

allowance payable to any person whose claim to the allowance is

based on meeting condition B in section 1A of the Jobseekers Act

1995”, and

15

(b)   

in paragraph (d), for “income support” substitute “jobseeker’s

allowance payable as mentioned in paragraph (b)”.

Jobseekers Act 1995 (c. 18)

5          

The Jobseekers Act 1995 is amended as follows.

6          

In section 2(1) (the contribution-based conditions), at the end of paragraph

20

(b) insert “and”.

7          

In section 3A(1)(c) (the conditions for claims by joint-claim couples), for “any

such family” substitute “a family of which the couple are members”.

Immigration and Asylum Act 1999 (c. 33)

8          

In section 97(5) of the Immigration and Asylum Act 1999 (persons for whom

25

support may be provided: supplemental), for paragraph (a) (together with

the “or” at the end of it) substitute—

“(a)   

to such portion of the applicable amount in respect of an

income-based jobseeker’s allowance provided under section

4 of the Jobseekers Act 1995, or”.

30

Child Support, Pensions and Social Security Act 2000 (c. 19)

9          

In section 62(2) of the Child Support, Pensions and Social Security Act 2000

(loss of benefit for commission of benefit offences), for “subsections (3)”

substitute “subsections (4)”.

Social Security Fraud Act 2001 (c. 11)

35

10         

The Social Security Fraud Act 2001 is amended as follows.

11         

In section 6B(5) (loss of benefit in case of conviction, penalty or caution for

benefit offence), which is inserted by section 19 of this Act, for “subsections

(6)” substitute “subsections (7)”.

 
 

Welfare Reform Bill
Schedule 3 — Claimants dependent on drugs etc.
Part 1 — Jobseeker’s allowance

68

 

12         

In section 7(2) (loss of benefit for commission of benefit offences), for

“subsections (3)” substitute “subsections (4)”.

Courts Act 2003 (c. 39)

13         

The Courts Act 2003 is amended as follows.

14         

In paragraph 10(a) of Schedule 5 (applications for benefit deductions), for

5

“income support” substitute “jobseeker’s allowance”.

15         

In paragraph 2(1)(a)(v) of Schedule 6 (discharge of fines by unpaid work),

for “income support” substitute “jobseeker’s allowance”.

Child Trust Funds Act 2004 (c. 6)

16         

In section 9(8)(a) of the Child Trust Funds Act 2004 (supplementary

10

contribution by HMRC), for “income support, or income-based jobseeker’s

allowance,” substitute “income-based jobseeker’s allowance”.

Age-Related Payments Act 2004 (c. 10)

17         

In section 2(3)(b) of the Age-Related Payments Act 2004 (entitlement: basic

cases), at the end of sub-paragraph (i) insert “or”.

15

Welfare Reform Act 2007 (c. 5)

18         

In paragraph 11 of Schedule 4 to the Welfare Reform Act 2007 (transition

relating to Part 1 of Act), after the definition of “incapacity benefit” insert—

““income support” means income support under section 124 of

the Contributions and Benefits Act;”.

20

Schedule 3

Section 9

 

Claimants dependent on drugs etc.

Part 1

Jobseeker’s allowance

Requirements imposed on claimants dependent on drugs etc.

25

1          

After section 17B of the Jobseekers Act 1995 (c. 18) (which is inserted by

section 1 of this Act) insert—

“Persons dependent on drugs etc.

17C     

Persons dependent on drugs etc.

(1)   

Schedule A1 makes provision for or in connection with imposing

30

requirements on persons in cases where—

(a)   

they are dependent on, or have a propensity to misuse, any

drug, and

 
 

Welfare Reform Bill
Schedule 3 — Claimants dependent on drugs etc.
Part 1 — Jobseeker’s allowance

69

 

(b)   

any such dependency or propensity is a factor affecting their

prospects of obtaining or remaining in work.

(2)   

That Schedule also contains a power for its provisions to apply in

relation to alcohol.”

2          

Before Schedule 1 to the Jobseekers Act 1995 (c. 18) insert—

5

“Schedule A1

Section 17C

 

Persons dependent on drugs etc.

Requirements imposed in relation to use of drugs

1     (1)  

Regulations may make provision for or in connection with

imposing on a claimant a requirement to attend at such time and

10

place as may be determined in accordance with the regulations in

order to answer questions within sub-paragraph (2).

      (2)  

A question is within this sub-paragraph if it is asked for the

purpose of ascertaining—

(a)   

whether the person required to answer it may be

15

dependent on, or have a propensity to misuse, any drug,

and

(b)   

(if so) whether any such dependency or propensity may be

a factor affecting that person’s prospects of obtaining or

remaining in work.

20

      (3)  

Regulations under this paragraph may, in particular, make

provision prescribing the questions which a person may be

required to answer under the regulations (which may include

questions relating to any use of the drug in question or any

treatment connected with its use).

25

      (4)  

Regulations under this paragraph may not impose a requirement

on a person at any time unless the person is required to meet the

jobseeking conditions at that time.

2     (1)  

Regulations may make provision for or in connection with

imposing on a person who is subject to a requirement imposed

30

under paragraph 1 a requirement to take part in a substance-

related assessment.

      (2)  

For the purposes of this paragraph—

a “substance-related assessment” means an assessment by an

approved person carried out for the purpose of

35

assessing—

(a)   

whether a person is dependent on, or has a propensity

to misuse, any drug, and

(b)   

(if so) whether the person’s dependency or

propensity is such as requires and may be susceptible

40

to treatment;

an “approved person” means a person having the necessary

qualifications or experience who is approved by the

Secretary of State for the purposes of this paragraph.

 
 

 
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