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Welfare Reform Bill


Welfare Reform Bill
Part 5 — General

51

 

48      

Extent

(1)   

The following provisions of this Act extend to England and Wales, Scotland

and Northern Ireland—

section 19 and Schedule 4 (loss of benefit provisions); and

this section and sections 49 and 50.

5

(2)   

Section 44 and Schedule 6 (birth registration) extend to England and Wales

only.

(3)   

Subject to subsection (4), the other provisions of this Act extend to England and

Wales and Scotland only.

(4)   

Any amendment, repeal or revocation made by this Act has the same extent as

10

the enactment to which it relates.

(5)   

Subsection (4) is subject to paragraph 20(2) of Schedule 6.

49      

Commencement

(1)   

The following provisions of this Act come into force on the day on which this

Act is passed—

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sections 1 and 2;

section 9;

sections 21 and 22;

section 27;

section 45;

20

sections 47 and 48;

this section;

section 50; and

Schedule 3.

(2)   

The following provisions of this Act come into force at the end of the period of

25

2 months beginning with the day on which this Act is passed—

section 12;

section 25;

Part 2;

section 46(2) and (3); and

30

Part 2 of Schedule 7 so far as relating to the repeals and revocation

mentioned in section 46(2).

(3)   

The other provisions of this Act come into force on such day as the Secretary of

State may by order made by statutory instrument appoint.

(4)   

An order under subsection (3) may—

35

(a)   

appoint different days for different purposes and in relation to different

areas;

(b)   

make such provision as the Secretary of State considers necessary or

expedient for transitory, transitional or saving purposes in connection

with the coming into force of any provision falling within that

40

subsection.

(5)   

Before making an order under subsection (3) in relation to any provision of Part

1 of Schedule 6 (birth registration), the Secretary of State must consult the

Registrar General for England and Wales.

 
 

Welfare Reform Bill
Part 5 — General

52

 

50      

Short title

This Act may be cited as the Welfare Reform Act 2009.

 
 

53

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

 

Schedules

Schedule 1

Section 3

 

Amendments connected to section 3

Part 1

Amendments of Jobseekers Act 1995

5

Introduction

1          

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

Work-focused interviews etc.

2          

In section 8(1) (attendance, information and evidence), after “other than a”

insert “claimant whose claim is based on meeting condition B in section 1A

10

or”.

3          

After section 11 insert—

“Work-focused interviews etc.

11A     

Persons not required to meet the jobseeking conditions

(1)   

Regulations may make provision for or in connection with imposing

15

on a person—

(a)   

who makes a claim for a jobseeker’s allowance (other than a

joint-claim jobseeker’s allowance), and

(b)   

to whom section 8(1) does not apply,

   

a requirement to take part in a work-focused interview as an

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additional condition which the person must meet before the person

becomes entitled to the allowance.

(2)   

Regulations may make provision for or in connection with imposing

on a person—

(a)   

who is entitled to a jobseeker’s allowance (other than a joint-

25

claim jobseeker’s allowance), and

(b)   

to whom section 8(1) does not apply,

   

a requirement to take part in one or more work-focused interviews

as a condition of continuing to be entitled to the full amount of the

allowance payable apart from the regulations.

30

(3)   

In this section and sections 11B and 11C “work-focused interview”,

in relation to any person, means an interview conducted for such

purposes connected with employment or training in the case of that

person as may be prescribed.

 

 

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

54

 

(4)   

The purposes which may be so prescribed include—

(a)   

purposes connected with a person’s existing or future

employment or training prospects or needs; and

(b)   

(in particular) assisting or encouraging a person to enhance

the person’s employment prospects.

5

11B     

Provision which may be made by regulations under section 11A

(1)   

Regulations under section 11A(1) or (2) may, in particular, make

provision—

(a)   

prescribing circumstances in which a person is to be subject

to a requirement to take part in one or more work-focused

10

interviews (a “relevant requirement”);

(b)   

for notifying a person of a relevant requirement;

(c)   

prescribing the work-focused interviews in which a person

who is subject to a relevant requirement is required to take

part;

15

(d)   

for determining, in relation to work-focused interviews

under the regulations, when and how the interview is to be

conducted and, if it is to be conducted face to face, where it is

to take place;

(e)   

for notifying persons who are subject to a relevant

20

requirement of what is determined in respect of the matters

mentioned in paragraph (d);

(f)   

prescribing circumstances in which a person who is a party to

a work-focused interview under the regulations is to be

regarded as having, or not having, taken part in it;

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(g)   

for securing that the appropriate consequence follows if a

person who is subject to a relevant requirement—

(i)   

fails to take part in the work-focused interview, and

(ii)   

does not, within a prescribed period, show that the

person had good cause for that failure;

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(h)   

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 the regulations;

(i)   

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

regarded as having good cause for any such failure.

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(2)   

For the purposes of subsection (1)(g) “the appropriate consequence”

means—

(a)   

in the case of regulations under section 11A(1), that the

person is to be regarded as not having made a claim for the

allowance or, if the allowance has already been awarded

40

(because the case is within subsection (6)), the entitlement to

it is to cease immediately;

(b)   

in the case of regulations under section 11A(2), that the

amount of the allowance is to be reduced by the prescribed

amount until the prescribed time.

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(3)   

Regulations under section 11A(2) may, in relation to any such

reduction, provide—

(a)   

for the amount of the reduction to be calculated in the first

instance by reference to such amount as may be prescribed;

 
 

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

55

 

(b)   

for the amount as so calculated to be restricted, in prescribed

circumstances, to the prescribed extent;

(c)   

where the person is also entitled to one or more relevant

benefits, for determining the extent, and the order, in which

the jobseeker’s allowance and the relevant benefits are to be

5

reduced in order to give effect to the required reduction.

(4)   

Regulations under section 11A(1) or (2) may provide that a relevant

requirement that would otherwise apply to a person by virtue of the

regulations—

(a)   

is, in any prescribed circumstances, either not to apply or not

10

to apply until such time as is prescribed;

(b)   

is not to apply if the Secretary of State determines that a

work-focused interview would not be of assistance to the

person or would otherwise not be appropriate in the

circumstances;

15

(c)   

is not to apply until such time as the Secretary of State

determines, if the Secretary of State determines that a work-

focused interview would not be of assistance to the person, or

would otherwise not be appropriate in the circumstances,

until that time.

20

(5)   

The regulations may make provision for treating a person in relation

to whom a relevant requirement does not apply, or does not apply

until a particular time, as having complied with the requirement to

such extent and for such purposes as may be prescribed.

(6)   

Where—

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(a)   

a person is subject to a relevant requirement as a result of

regulations under section 11A(1), and

(b)   

the interview is postponed by or under provision of the

regulations made as a result of subsection (4)(a) or (c) above,

   

the time to which it is so postponed may be a time falling after an

30

award of the allowance.

(7)   

In this section “relevant benefit”, in relation to any person, means

any benefit in relation to which the person is required to take part in

a work-focused interview by virtue of regulations made under

section 2A of the Administration Act.

35

11C     

Action plans in connection with work-focused interviews

(1)   

The Secretary of State must in prescribed circumstances provide an

action plan to a person subject to a requirement imposed under

section 11A to take part in a work-focused interview.

(2)   

In this section an “action plan” means a document prepared for such

40

purposes as may be prescribed.

(3)   

Regulations may make provision about—

(a)   

the form of action plans;

(b)   

the content of action plans;

(c)   

the review and updating of action plans.

45

 
 

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

56

 

(4)   

Regulations may make provision for reconsideration of an action

plan at the request of the person to whom it is provided and may, in

particular, make provision about—

(a)   

the circumstances in which reconsideration may be

requested;

5

(b)   

the period within which any reconsideration must take place;

(c)   

the matters to which regard must be had when deciding on

reconsideration whether the plan should be changed;

(d)   

notification of the decision on reconsideration;

(e)   

the giving of directions for the purpose of giving effect to the

10

decision on reconsideration.”

Directions given by officers of the Secretary of State etc

4          

After section 18 insert—

“Claimants to comply with directions etc.

18A     

Requirements imposed on claimants by officers of the Secretary of

15

State

(1)   

A claimant must carry out any direction given by an officer of the

Secretary of State to the claimant with a view to achieving one or

both of the following—

(a)   

assisting the claimant to find employment;

20

(b)   

improving the claimant’s existing or future prospects of

being or remaining employed.

(2)   

A direction under subsection (1)—

(a)   

must be reasonable, having regard to the claimant’s

circumstances;

25

(b)   

must be in writing; and

(c)   

may be varied or revoked by a subsequent direction given

under that subsection.

(3)   

If an officer of the Secretary of State notifies a claimant of a place on

a training scheme which is vacant or about to become vacant, the

30

claimant—

(a)   

must apply for the place, and

(b)   

if offered the place, must accept it and attend the scheme.

(4)   

If an officer of the Secretary of State notifies a claimant of a place on

an employment programme which is vacant or about to become

35

vacant, the claimant—

(a)   

must apply for the place, and

(b)   

if offered the place, must accept it and attend the programme.

(5)   

If an officer of the Secretary of State notifies a claimant of a situation

in any employment which is vacant or about to become vacant, the

40

claimant—

(a)   

must apply for the situation, and

(b)   

if offered the situation, must accept it.

 
 

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

57

 

(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.

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(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—

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