Welfare Reform Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

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.
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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;
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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
20
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
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(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
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(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;
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(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.
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(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
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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.
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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.
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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;
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(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;
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(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
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(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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