House of Commons Public Bill Committee Proceedings

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Session 2008 - 09
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Public Bill Committee Proceedings: 3 March 2009
32

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

Not selected  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

Public Bill Committee Proceedings: 3 March 2009
33

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

Withdrawn  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.”.’.

Public Bill Committee Proceedings: 3 March 2009
34

Welfare Reform Bill, continued

Extension of Train to Gain

Paul Rowen

Not selected  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.

   Agreed to

Bill, as amended, to be reported.