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Welfare Reform Bill, continued

(h)	claimants must have an opportunity to appeal against any decision under

this Act leading to a reduction in benefits; clear advice to this end must

be provided to the claimant before a sanction is applied,

(i)	claimants are entitled to high-quality, individually tailored support and

must be given access to services that will improve their ability to access

decent work, including education, training, condition management and

legal support in instances of employer discrimination,

(j)	claimants must be made aware of, and advised on, all of the support for

training, childcare and transport to interview costs they are entitled to by

providers exercising powers under this Act,

(k)	no claimant shall be required to participate in activity which would

otherwise be a condition of benefit entitlement under this Act if

appropriate childcare, or other reasonable support required to enable

participation, is not available,

(l)	no claimant shall be required to take part in an activity under this Act for

which it would be reasonable to expect payment, unless they are in

receipt of compensation for that activity in line with the National

Minimum Wage, and

(m)	claimants must be able to access free, independent and appropriate advice

in relation to all aspects of the Act.’.

Employment retention

John Robertson

NC12

To move the following Clause:—

‘(1)	The Employment Rights Act 1996 (c. 18) is amended as follows.

(2)	After Part 8A there is inserted—

“Part 8B

Employment Retention

80J	Employment retention assessment

(1)	The Secretary of State shall make regulations—

(a)	entitling a disabled employee who satisfies specified conditions

to an employment retention assessment;

(b)	prescribing the nature of the employment retention assessment.

(2)	This assessment must be carried out by a health care professional

approved by the Secretary of State.

80K	Interpretation

For the purposes of this Part—

“disabled employee” means an employee who has a disability, as defined in

section 1(1) of the Disability Discrimination Act 1995 (c. 50);

“employment retention assessment” means an assessment undertaken of a

disabled employee by a healthcare professional for the purposes of

recommending to his employer measures that could assist the disabled

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Welfare Reform Bill, continued

person to remain in work, or, if that person is on sick leave, measures to

provide for a return to work.

“health care professional” has the same meaning as in the Welfare Reform

Act 2007.”.

(3)	In section 236(3), after “80G,”, insert “80J(1)”.’.

Passporting of Jobseeker’s Allowance

Paul Rowen

NC13

To move the following Clause:—

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

(2)	After section 27 insert—

“27A	Passporting of Jobseeker’s Allowance

(1)	Regulations under this section may make provision for or in connection

with allowing Jobseeker’s Allowance to be passported to employers of

individuals who have been on Jobseeker’s Allowance for at least 18

months prior to their employment.

(2)	Claimants to whom these regulations apply must be in receipt of the

national minimum wage.

(3)	Regulations under this section may, in particular, make provision for

contracts of public works whereby employers will receive claimants’

passported benefits should they take into employment under such

schemes claimants that have been in receipt of Jobseeker’s Allowance for

at least 18 months.

(4)	The award of public works contracts may be rendered conditional upon a

minimum percentage of Jobseeker’s Allowance claimants being taken on

by the employer concerned.

(5)	Regulations may further make provision for Jobseeker’s Allowance to be

passported to employers planning to make skilled or semi-skilled

workers redundant.

(6)	Regulations under this section may only apply to employees who would

be entitled to Jobseeker’s Allowance if no longer in employment.

(7)	The passported benefits must be used to either—

(a)	retrain the worker concerned, or

(b)	permit retraining and employment as part of a reskilling package

agreed between the employer and employee.”.’.

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Welfare Reform Bill, continued

Extension of Train to Gain

Paul Rowen

NC14

To move the following Clause:—

‘(1)	Regulations shall make provision for the extension of the Train to Gain

programme of the Learning and Skills Council.

(2)	Regulations under this section may, in particular, allow for unemployed

jobseeker’s allowance claimants to access Train to Gain funding where the

Secretary of State considers that such training would improve the chances of the

claimants concerned finding employment.’.

Mr Tony McNulty

That certain written evidence already reported to the House be appended to the

proceedings of the Committee.

Order of the House [27 January 2009]

That the following provisions shall apply to the Welfare Reform Bill:

Committal

1.	The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Tuesday 3 March 2009.

3.	The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.	Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.	Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

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Welfare Reform Bill, continued

Order of the Committee [10 February 2009]

That—

(1)	the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

10 February) meet—

(a)	at 4.00 pm on Tuesday 10 February;

(b)	at 9.00 am on Thursday 12 February;

(c)	at 10.30 am and 4.00 pm on Tuesday 24 February;

(d)	at 9.00 am and 1.00 pm on Thursday 26 February;

(e)	at 10.30 am and 4.00 pm on Tuesday 3 March;

(2)	the Committee shall hear oral evidence in accordance with the following

Table—      

    TABLE

	Date	Time	Witness
	Tuesday 10 February	Until no later than	The Royal Association
		12.15 pm	for Disability and
			Rehabilitation (RADAR)
			and Oldham
			Metropolitan Borough
			Council
	Tuesday 10 February	Until no later than	Drugscope
		1.00 pm
	Tuesday 10 February	Until no later than	Barnardo’s, the Child
		5.30 pm	Poverty Action Group
			and Gingerbread
	Tuesday 10 February	Until no later than	Professor Paul Gregg
		6.20 pm	(Bristol University)
	Thursday 12 February	Until no later than	Department for Work and
		10.25 am	Pensions

(3)	proceedings on consideration of the Bill in Committee shall be taken in the

following order: Clauses 1 to 3; Schedule 1; Clauses 4 to 7; Schedule 2;

Clauses 8 and 9; Schedule 3; Clauses 10 to 19; Schedule 4; Clauses 20 to 40;

Schedule 5; Clauses 41 to 44; Schedule 6; Clauses 45 and 46; Schedule 7;

Clauses 47 to 50; new Clauses; new Schedules; remaining proceedings on the

Bill;

(4)	the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 7.00 pm on Tuesday 3 March.

---

Revised 3 March 2009