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Welfare Reform Bill


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

70

 

      (3)  

Regulations under this paragraph must include provision for the

requirement mentioned in sub-paragraph (1) to be imposed on a

person only if the Secretary of State has reasonable grounds for

suspecting that—

(a)   

the person may be dependent on, or have a propensity to

5

misuse, any drug, and

(b)   

any such dependency or propensity may be a factor

affecting the person’s prospects of obtaining or remaining

in work.

      (4)  

Regulations under this paragraph may, in particular, make

10

provision—

(a)   

for notifying a person of a requirement to take part in a

substance-related assessment;

(b)   

for the determination, and notification, of the time and

place of any substance-related assessment in which a

15

person is required to take part.

      (5)  

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.

3     (1)  

Regulations may make provision for or in connection with

20

imposing on a person who—

(a)   

is subject to a requirement imposed under paragraph 2,

and

(b)   

fails to comply with it without it being shown, within a

prescribed period, that the person had good cause for the

25

failure,

           

a requirement to take part in one or more relevant tests for the

purpose of ascertaining whether there is or has been any drug in

the person’s body.

      (2)  

Regulations under this paragraph must include provision for the

30

requirement mentioned in sub-paragraph (1) to be imposed on a

person only if the Secretary of State is satisfied that the proposed

test or tests will, or will be likely to, assist in determining whether

the person is dependent on, or has a propensity to misuse, any

drug.

35

      (3)  

Regulations under this paragraph must include provision for

informing a person of the consequence of failing to comply with a

requirement to take part in a relevant test.

      (4)  

Regulations under this paragraph may, in particular, make

provision—

40

(a)   

for notifying a person of a requirement to take part in a

relevant test;

(b)   

for the determination, and notification, of the time and

place of any relevant test in which a person is required to

take part.

45

      (5)  

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.

 
 

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

71

 

      (6)  

For the purposes of this paragraph a person takes part in a

relevant test if the person provides a permissible sample in

accordance with instructions given by an approved person (within

the meaning of paragraph 2).

      (7)  

In sub-paragraph (6) “permissible sample”, in relation to any

5

drug, means—

(a)   

a sample of urine, or

(b)   

such sample (other than an intimate sample) as may be

prescribed in relation to that drug.

      (8)  

In sub-paragraph (7)(b) “intimate sample” means—

10

(a)   

a sample of blood, semen or any other tissue fluid or pubic

hair;

(b)   

a dental impression;

(c)   

a swab taken from any part of a person’s genitals

(including pubic hair) or from a person’s body orifice other

15

than the mouth.

Paragraphs 1 to 3: supplementary

4     (1)  

A person must comply with a requirement imposed by

regulations under any of paragraphs 1 to 3 even if doing so might

constitute evidence that the person has committed an offence.

20

      (2)  

But in criminal proceedings in which a person is charged with an

offence—

(a)   

no evidence relating to any answer given, or anything else

done, in pursuance of the regulations may be adduced by

or on behalf of the prosecution, and

25

(b)   

no question relating to those matters may be asked by or

on behalf of the prosecution,

           

unless evidence relating to those matters is adduced, or a question

relating to those matters is asked, in the proceedings by or on

behalf of the person.

30

      (3)  

Sub-paragraph (2) does not apply to—

(a)   

an offence under section 112 of the Administration Act;

(b)   

an offence under section 5 of the Perjury Act 1911 (false

statements made otherwise than on oath in England and

Wales); or

35

(c)   

an offence under section 44(2) of the Criminal Law

(Consolidation) (Scotland) Act 1995 (corresponding

provision for Scotland).

5     (1)  

Regulations may make provision for or in connection with

authorising the supply of information held by—

40

(a)   

a police force,

(b)   

the probation service, or

(c)   

such other person as may be prescribed,

           

to the Secretary of State, or to a person providing services to the

Secretary of State, for the purpose of checking the accuracy of

45

information supplied in pursuance of regulations under

paragraph 1.

 
 

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

72

 

      (2)  

Regulations under this paragraph may, in particular, make

provision as to the circumstances in which, and the extent (if any)

to which, information supplied under the regulations may be

supplied by the recipient to others.

      (3)  

Regulations under this paragraph may, in particular, authorise

5

information supplied to a person under the regulations—

(a)   

to be used for the purpose of amending or supplementing

other information held by that person; and

(b)   

if it is so used, to be supplied to any other person, and used

for any purpose, to whom and for which that other

10

information could be supplied or used.

      (4)  

In this paragraph “the probation service” means—

(a)   

in England and Wales, a local probation board established

under section 4 of the Criminal Justice and Court Services

Act 2000 or a provider of probation services;

15

(b)   

in Scotland, a local authority within the meaning of the

Social Work (Scotland) Act 1968.

Requirement to comply with a rehabilitation plan

6     (1)  

Regulations may make provision for or in connection with

imposing on a person a requirement to comply with a

20

rehabilitation plan.

      (2)  

Regulations under this paragraph must include provision for the

requirement mentioned in sub-paragraph (1) to be imposed on a

person only if, as a result of an assessment carried out under

regulations under paragraph 2, the Secretary of State is satisfied

25

that—

(a)   

the person is dependent on, or has a propensity to misuse,

any drug,

(b)   

the person’s dependency or propensity is such as requires

and may be susceptible to treatment, and

30

(c)   

the person’s dependency or propensity is a factor affecting

the person’s prospects of obtaining or remaining in work.

      (3)  

For the purposes of this paragraph a “rehabilitation plan” is a

document—

(a)   

which is provided to the person by the Secretary of State,

35

and

(b)   

which contains one or more of the following requirements.

      (4)  

The requirements are that during the specified period (which may

not exceed 52 weeks or, if the case is exceptional, 104 weeks) the

person—

40

(a)   

must submit to treatment by or under the direction of a

person having the necessary qualifications or experience,

(b)   

must take part in specified interviews, and specified

assessments, at specified places and times, and

(c)   

must take such other steps (if any) as may be specified,

45

           

with a view to the reduction or elimination of the person’s

dependency on, or propensity to misuse, the drug in question.

 
 

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

73

 

      (5)  

The required treatment for any particular period must be—

(a)   

treatment as a resident in a specified institution or place, or

(b)   

treatment as a non-resident at a specified institution or

place, and at specified intervals;

           

but the nature of the treatment must not otherwise be specified.

5

      (6)  

Regulations under this paragraph may, in particular, make

provision—

(a)   

for securing that a person who is required to comply with

a rehabilitation plan is not required to meet the jobseeking

conditions;

10

(b)   

for suspending any jobseeker’s agreement to which a

person is a party for any period during which the person is

required to comply with a rehabilitation plan;

(c)   

for securing that a person is not required to submit to

treatment of a prescribed description without the person’s

15

consent;

(d)   

as to the involvement of a person in determining the

particular requirements to be contained in a rehabilitation

plan with which the person is to be required to comply;

(e)   

about the form of rehabilitation plans (including provision

20

as to the signing of rehabilitation plans);

(f)   

about the review of rehabilitation plans;

(g)   

about the variation of rehabilitation plans;

(h)   

about the revocation of rehabilitation plans before the end

of the specified period;

25

(i)   

for securing that a person who is required to comply with

a rehabilitation plan provides information, and such

evidence as may be prescribed, as to compliance with the

plan.

      (7)  

A jobseeker’s allowance may also be known as a “treatment

30

allowance” at any time when—

(a)   

it is payable in respect of a person who is required to

comply with a rehabilitation plan (or would be so payable

if compliance with the plan is assumed), or

(b)   

it is payable in respect of a joint-claim couple both

35

members of which are required to comply with a

rehabilitation plan (or would be so payable if compliance

with the plans is assumed).

      (8)  

Regulations under this paragraph may not impose a requirement

on a person at any time unless the person would (apart from the

40

regulations) be required to meet the jobseeking conditions at that

time.

      (9)  

In this paragraph “specified”, in relation to a rehabilitation plan,

means specified in or determined in accordance with the plan.

Sanctions

45

7     (1)  

Regulations under paragraph 1, 2, 3 or 6 may, in particular, make

provision—

 
 

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

74

 

(a)   

for securing that the appropriate consequence follows if a

person has failed to comply with any requirement

imposed by any such regulations and it is not shown,

within a prescribed period, that the person had good cause

for the failure;

5

(b)   

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 any such requirement;

(c)   

prescribing circumstances in which a person is, or is not, to

be regarded as having good cause for any failure to comply

10

with any such requirement.

      (2)  

In the case of a jobseeker’s allowance other than a joint-claim

jobseeker’s allowance, the appropriate consequence for the

purposes of sub-paragraph (1)(a) is that the allowance is not

payable for such period (of at least one week but not more than 26

15

weeks) as may be prescribed.

      (3)  

In the case of a joint-claim jobseeker’s allowance, the appropriate

consequence for the purposes of sub-paragraph (1)(a) is that the

person is to be treated as subject to sanctions for the purposes of

section 20A for such period (of at least one week but not more than

20

26 weeks) as may be prescribed.

      (4)  

Regulations under paragraph 1, 2, 3 or 6 may make provision for

an income-based jobseeker’s allowance to be payable in

prescribed circumstances even though other provision made by

the regulations prevents payment of it.

25

           

This sub-paragraph does not apply in the case of a joint-claim

jobseeker’s allowance (corresponding provision for which is made

by section 20B(4)).

      (5)  

The provision that may be made by the regulations by virtue of

sub-paragraph (4) includes, in particular, provision for the

30

allowance to be—

(a)   

payable only if prescribed requirements as to the provision

of information are complied with;

(b)   

payable at a prescribed rate;

(c)   

payable for a prescribed period (which may differ from

35

any period mentioned in sub-paragraph (2)).

Interpretation

8          

In this Schedule—

“drug” means such controlled drug (as defined by section 2

of the Misuse of Drugs Act 1971) as may be prescribed;

40

“the jobseeking conditions” means the conditions set out in

section 1(2)(a) to (c).

Power to extend provisions to alcohol

9     (1)  

If regulations so provide and subject as follows, the preceding

paragraphs of this Schedule are to apply in relation to alcohol as

45

they apply in relation to drugs.

 
 

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

75

 

      (2)  

Regulations under this paragraph may provide for a different

definition of a “relevant test” to apply in relation to alcohol for the

purposes of paragraph 3.”

Consequential amendments

3     (1)  

The Jobseekers Act 1995 (c. 18) is amended as follows.

5

      (2)  

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

section 1 of this Act, after “17A” insert “or Schedule A1”.

      (3)  

In section 37(1)(c) (regulations subject to the affirmative resolution

procedure), after “section 35(1)” insert “, any paragraph of Schedule A1”.

4          

In paragraph 3(da) of Schedule 3 to the Social Security Act 1998 (c. 14)

10

(decisions against which an appeal lies), which is inserted by section 1 of this

Act, after “17A of” insert “, or Schedule A1 to,”.

Report on initial operation of drugs provisions

5     (1)  

The Secretary of State must prepare a report on the operation of the first set

of regulations made under paragraphs 1, 2, 3 and 6 of Schedule A1 to the

15

Jobseekers Act 1995 during the review period.

      (2)  

“The review period” is the period of 24 months beginning with the day on

which those regulations come into force.

      (3)  

The Secretary of State must—

(a)   

prepare the report, and

20

(b)   

lay it before Parliament,

           

within 6 months from the end of the review period.

      (4)  

The continued effect of the drugs provisions depends on whether the

Secretary of State makes an order under this sub-paragraph within the

relevant period providing for those provisions to continue to have effect.

25

      (5)  

“The relevant period” means the period of 30 days beginning with the day

on which the report is laid before Parliament; and, in reckoning this period,

no account is to be taken of any time during which Parliament—

(a)   

is dissolved or prorogued, or

(b)   

is adjourned for more than 4 days.

30

      (6)  

If no order is made as mentioned in sub-paragraph (4), the Secretary of State

must instead make an order under this sub-paragraph providing for the

repeal of the drugs provisions on a date specified in the order.

      (7)  

An order under sub-paragraph (6) may contain transitional provision or

savings.

35

      (8)  

Any power to make an order under this paragraph is exercisable by

statutory instrument.

      (9)  

An order under sub-paragraph (4) may not be made unless a draft of the

statutory instrument containing the order has been laid before, and

approved by a resolution of, each House of Parliament.

40

 
 

Welfare Reform Bill
Schedule 3 — Claimants dependent on drugs etc.
Part 2 — Employment and support allowance

76

 

     (10)  

A statutory instrument containing an order under sub-paragraph (6) is

subject to annulment in pursuance of a resolution of either House of

Parliament.

     (11)  

In this paragraph “the drugs provisions” means—

(a)   

section 17C of, and Schedule A1 to, the Jobseekers Act 1995 (c. 18),

5

(b)   

the words inserted into that Act, and the Social Security Act 1998

(c. 14), by paragraphs 3 and 4 of this Schedule, and

(c)   

paragraphs 1 to 4 of this Schedule.

     (12)  

This paragraph applies whether or not the regulations mentioned in sub-

paragraph (1) are, by virtue of section 29 of the Jobseekers Act 1995 (pilot

10

schemes), made so as to have effect for a limited period.

Part 2

Employment and support allowance

Requirements imposed on persons dependent on drugs etc.

6          

After section 15 of the Welfare Reform Act 2007 (c. 5) insert—

15

“Persons dependent on drugs etc.

15A     

Persons dependent on drugs etc.

(1)   

Schedule 1A makes provision for or in connection with imposing

requirements on persons in cases where—

(a)   

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

20

drug, and

(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.”

25

7          

After Schedule 1 to the Welfare Reform Act 2007 insert—

“Schedule 1A

Section 15A

 

Persons dependent on drugs etc.

Requirements imposed in relation to use of drugs

1     (1)  

Regulations may make provision for or in connection with

30

imposing on a person who is—

(a)   

entitled to an employment and support allowance, and

(b)   

not a member of the support group,

           

a requirement to answer questions within sub-paragraph (2) as a

condition of continuing to be entitled to the full amount payable

35

to the person in respect of the allowance apart from the

regulations.

      (2)  

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

purpose of ascertaining—

 
 

 
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