Welfare Reform Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Welfare Reform Bill

Welfare Reform Bill
Schedule 1 — Amendments connected to section 3
Part 1 — Amendments of Jobseekers Act 1995
65

(a)
in paragraph (a), for “A” substitute “the relevant person”,
(b)
in paragraph (b), for the words from “where” to “them” substitute
“any portion of the applicable amount which is included in respect
of the couple”, and
(c)
in paragraph (c), for “A” (in both places) substitute “the relevant
5
person” and for “A’s” substitute “that person’s”.
      (4)
In subsection (4), for “A” (in both places) substitute “the relevant person”.
17    (1)
Section 15A (trade disputes: joint-claim couples) is amended as follows.
      (2)
After subsection (1), insert—
“(1A)
Section 14 shall apply as if subsection (2A) of that section were
10
omitted.”
      (3)
In subsection (4), omit paragraph (b) (together with the “or” immediately
before it).
      (4)
In subsection (5)—
(a)
for paragraph (b) substitute—
15
“(b)
references to the relevant person are to the person
mentioned in subsection (4)(a) above;”, and
(b)
omit paragraph (c) (but not the “and” at the end of it).
18
After section 15A insert—
“15B
Other provision relating to a person’s return to work
20
(1)
This section applies if a person (“P”) returns to work with the same
employer after a period during which—
(a)
P is, or would be, prevented by section 14 from being entitled
to a jobseeker’s allowance, or
(b)
section 15(2) applies in a case where (if subsection (2A) of
25
section 14 were to be disregarded) P would be prevented by
that section from being so entitled.
(2)
It does not matter whether or not the return to work is before the end
of the stoppage of work in question.
(3)
In the case of a claim for an income-based jobseeker’s allowance
30
other than a joint-claim jobseeker’s allowance—
(a)
P is to be treated as not engaged in remunerative work until
the end of the period of 15 days beginning with the day on
which P returns to work, and
(b)
any sum paid by way of a jobseeker’s allowance for that
35
period of 15 days to P or, if P is a member of a couple, to the
other member of the couple is recoverable in accordance with
regulations from the person to whom it was paid or from any
prescribed person or, where the person to whom it was paid
is a member of a couple, from the other member of the couple.
40
(4)
In the case of a claim for a joint-claim jobseeker’s allowance—
(a)
P is to be treated as meeting the jobseeking conditions, and as
not engaged in remunerative work, until the end of the
period of 15 days beginning with the day on which P returns
to work, and
45

Welfare Reform Bill
Schedule 1 — Amendments connected to section 3
Part 1 — Amendments of Jobseekers Act 1995
66

(b)
any sum paid by way of a joint-claim jobseeker’s allowance
for that period of 15 days in respect of the couple is
recoverable in accordance with regulations from each
member of the couple or from any prescribed person.”
19
In—
5
(a)
section 17A(8) (schemes for assisting persons to obtain employment:
“work for your benefit” schemes etc.), which is inserted by section 1
of this Act,
(b)
section 20C(7) (sanctions for violent conduct in connection with
claim), which is inserted by section 20 of this Act, and
10
(c)
paragraph 7(4) of Schedule A1 (claimants dependent on drugs etc.),
which is inserted by Schedule 3 to this Act,

for “section 20B(4)” substitute “section 20B(1)”.
20
In section 22(2) (members of the forces), for “section 19(6)(b)” substitute
“section 18C(5)(c)”.
15
21
In section 35(1) (interpretation) —
(a)
after the definition of “the applicable amount” insert—
““the basic conditions” means the conditions set out in
section 1A(5);”, and
(b)
after the definition of “jobseeker’s agreement” insert—
20
““the jobseeking conditions” means the conditions set
out in section 1A(5)(a) to (c);”.
22
In section 36(4A)(b) (regulations and orders), which is inserted by section 1
of this Act, after “section” insert “11A, 11C, 18B or”.
23    (1)
Schedule 1 (supplementary provisions) is amended as follows.
25
      (2)
In paragraph 2, at the end insert—
    “(3)
Regulations may provide that the condition in section 1A(5)(e)
(person not to have limited capability for work) is not to apply in
prescribed circumstances to a person whose claim to a jobseeker’s
allowance is based on meeting condition B in section 1A.”
30
      (3)
For paragraph 8 substitute—
“8
Regulations may prescribe circumstances in which a person may
be entitled to an income-based jobseeker’s allowance without
being required to meet the jobseeking conditions in any case
where the person would not otherwise be so entitled.”
35
      (4)
In paragraph 8A(1), for “conditions referred to in section 1(2B)(b)” substitute
“basic conditions”.
      (5)
In paragraph 14—
(a)
renumber the existing text as sub-paragraph (1), and
(b)
after that sub-paragraph (as renumbered) insert—
40
    “(2)
Regulations may provide that the condition in section
1A(5)(f) (person not to be receiving relevant education) is
not to apply in prescribed circumstances to a person whose
claim to a jobseeker’s allowance is based on meeting
condition B in section 1A.”
45

Welfare Reform Bill
Schedule 2 — Abolition of income support: consequential amendments
67

      (6)
After paragraph 14 insert—
“Pensionable age
14A
Regulations may provide that in prescribed circumstances the
condition in section 1A(5)(g) (person to be under pensionable age)
is to have effect in relation to a person whose claim to a jobseeker’s
5
allowance is based on meeting condition B in section 1A as if for
“pensionable age” there were substituted “the qualifying age for
state pension credit (within the meaning of the State Pension
Credit Act 2002)”.”
Part 2
10
Amendments of other Acts
Social Security Administration Act 1992 (c. 5)
24
In section 2A of the Social Security Administration Act 1992 (claim or full
entitlement to certain benefits conditional on work-focused interview), at
the end insert—
15
“(9)
For the purposes of this section—
(a)
the references in subsections (3)(a) and (5)(c) to a relevant
benefit include references to a jobseeker’s allowance in
relation to which a person is required to take part in a work-
focused interview by virtue of regulations made under
20
section 11A of the Jobseekers Act 1995;
(b)
the reference in subsection (5)(c) to any reduction of the
amount of benefit payable to any person under subsection
(4)(b) includes a reference to any reduction of the amount of
a jobseeker’s allowance payable in respect of that person by
25
virtue of those regulations.”
Social Security Act 1998 (c. 14)
25
In paragraph 3(d) of Schedule 3 to the Social Security Act 1998 (decisions
against which an appeal lies), after “section 19” insert “or 20A”.
Welfare Reform Act 2007 (c. 5)
30
26
In section 1(6) of the Welfare Reform Act 2007 (employment and support
allowance), in the definition of “joint-claim jobseeker’s allowance”, for
“section 1(2B)” substitute “section 1B”.
Schedule 2
Section 7

Abolition of income support: consequential amendments
35
Magistrates’ Courts Act 1980 (c. 43)
1
In sections 89(2A) and 90(3A) of the Magistrates’ Courts Act 1980 (transfer
of fine order), for “income support” substitute “jobseeker’s allowance etc”.

Welfare Reform Bill
Schedule 2 — Abolition of income support: consequential amendments
68

Criminal Justice Act 1991 (c. 53)
2
In section 24 of the Criminal Justice Act 1991 (recovery of fines etc. by
deductions from income support), in the title, for “income support”
substitute “jobseeker’s allowance etc”.
Social Security Administration Act 1992 (c. 5)
5
3
In section 74 of the Social Security Administration Act 1992 (income support
and other payments), in the title, for “Income support” substitute “Income-
based jobseeker’s allowance”.
Local Government Finance Act 1992 (c. 14)
4
In paragraph 12(1) of Schedule 4 to the Local Government Finance Act 1992
10
(enforcement: relationship between remedies)—
(a)
in paragraph (b), for “income support” substitute “jobseeker’s
allowance payable to any person whose claim to the allowance is
based on meeting condition B in section 1A of the Jobseekers Act
1995”, and
15
(b)
in paragraph (d), for “income support” substitute “jobseeker’s
allowance payable as mentioned in paragraph (b)”.
Jobseekers Act 1995 (c. 18)
5
The Jobseekers Act 1995 is amended as follows.
6
In section 2(1) (the contribution-based conditions), at the end of paragraph
20
(b) insert “and”.
7
In section 3A(1)(c) (the conditions for claims by joint-claim couples), for “any
such family” substitute “a family of which the couple are members”.
Immigration and Asylum Act 1999 (c. 33)
8
In section 97(5) of the Immigration and Asylum Act 1999 (persons for whom
25
support may be provided: supplemental), for paragraph (a) (together with
the “or” at the end of it) substitute—
“(a)
to such portion of the applicable amount in respect of an
income-based jobseeker’s allowance provided under section
4 of the Jobseekers Act 1995, or”.
30
Child Support, Pensions and Social Security Act 2000 (c. 19)
9
In section 62(2) of the Child Support, Pensions and Social Security Act 2000
(loss of benefit for commission of benefit offences), for “subsections (3)”
substitute “subsections (4)”.
Social Security Fraud Act 2001 (c. 11)
35
10
The Social Security Fraud Act 2001 is amended as follows.
11
In section 6B(5) (loss of benefit in case of conviction, penalty or caution for
benefit offence), which is inserted by section 19 of this Act, for “subsections
(6)” substitute “subsections (7)”.

Welfare Reform Bill
Schedule 3 — Claimants dependent on drugs etc.
Part 1 — Jobseeker’s allowance
69

12
In section 7(2) (loss of benefit for commission of benefit offences), for
“subsections (3)” substitute “subsections (4)”.
Courts Act 2003 (c. 39)
13
The Courts Act 2003 is amended as follows.
14
In paragraph 10(a) of Schedule 5 (applications for benefit deductions), for
5
“income support” substitute “jobseeker’s allowance”.
15
In paragraph 2(1)(a)(v) of Schedule 6 (discharge of fines by unpaid work),
for “income support” substitute “jobseeker’s allowance”.
Child Trust Funds Act 2004 (c. 6)
16
In section 9(8)(a) of the Child Trust Funds Act 2004 (supplementary
10
contribution by HMRC), for “income support, or income-based jobseeker’s
allowance,” substitute “income-based jobseeker’s allowance”.
Age-Related Payments Act 2004 (c. 10)
17
In section 2(3)(b) of the Age-Related Payments Act 2004 (entitlement: basic
cases), at the end of sub-paragraph (i) insert “or”.
15
Welfare Reform Act 2007 (c. 5)
18
In paragraph 11 of Schedule 4 to the Welfare Reform Act 2007 (transition
relating to Part 1 of Act), after the definition of “incapacity benefit” insert—
““income support” means income support under section 124 of
the Contributions and Benefits Act;”.
20
Schedule 3
Section 9

Claimants dependent on drugs etc.
Part 1
Jobseeker’s allowance
Requirements imposed on claimants dependent on drugs etc.
25
1
After section 17B of the Jobseekers Act 1995 (c. 18) (which is inserted by
section 1 of this Act) insert—
“Persons dependent on drugs etc.
17C
Persons dependent on drugs etc.
(1)
Schedule A1 makes provision for or in connection with imposing
30
requirements on persons in cases where—
(a)
they are dependent on, or have a propensity to misuse, any
drug, and

Welfare Reform Bill
Schedule 3 — Claimants dependent on drugs etc.
Part 1 — Jobseeker’s allowance
70

(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.”
2
Before Schedule 1 to the Jobseekers Act 1995 (c. 18) insert—
5
“Schedule A1
Section 17C

Persons dependent on drugs etc.
Requirements imposed in relation to use of drugs
1     (1)
Regulations may make provision for or in connection with
imposing on a claimant a requirement to attend at such time and
10
place as may be determined in accordance with the regulations in
order to answer questions within sub-paragraph (2).
      (2)
A question is within this sub-paragraph if it is asked for the
purpose of ascertaining—
(a)
whether the person required to answer it may be
15
dependent on, or have a propensity to misuse, any drug,
and
(b)
(if so) whether any such dependency or propensity may be
a factor affecting that person’s prospects of obtaining or
remaining in work.
20
      (3)
Regulations under this paragraph may, in particular, make
provision prescribing the questions which a person may be
required to answer under the regulations (which may include
questions relating to any use of the drug in question or any
treatment connected with its use).
25
      (4)
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.
2     (1)
Regulations may make provision for or in connection with
imposing on a person who is subject to a requirement imposed
30
under paragraph 1 a requirement to take part in a substance-
related assessment.
      (2)
For the purposes of this paragraph—
a “substance-related assessment” means an assessment by an
approved person carried out for the purpose of
35
assessing—
(a)
whether a person is dependent on, or has a propensity
to misuse, any drug, and
(b)
(if so) whether the person’s dependency or
propensity is such as requires and may be susceptible
40
to treatment;
an “approved person” means a person having the necessary
qualifications or experience who is approved by the
Secretary of State for the purposes of this paragraph.

Welfare Reform Bill
Schedule 3 — Claimants dependent on drugs etc.
Part 1 — Jobseeker’s allowance
71

      (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.