Welfare Reform Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Welfare Reform Bill

Welfare Reform Bill
Schedule 3 — Claimants dependent on drugs etc.
Part 1 — Jobseeker’s allowance
72

      (6)
For the purposes of this paragraph a person takes part in a
relevant test if the person provides a permissible sample in
accordance with instructions given by an approved person (within
the meaning of paragraph 2).
      (7)
In sub-paragraph (6) “permissible sample”, in relation to any
5
drug, means—
(a)
a sample of urine, or
(b)
such sample (other than an intimate sample) as may be
prescribed in relation to that drug.
      (8)
In sub-paragraph (7)(b) “intimate sample” means—
10
(a)
a sample of blood, semen or any other tissue fluid or pubic
hair;
(b)
a dental impression;
(c)
a swab taken from any part of a person’s genitals
(including pubic hair) or from a person’s body orifice other
15
than the mouth.
Paragraphs 1 to 3: supplementary
4     (1)
A person must comply with a requirement imposed by
regulations under any of paragraphs 1 to 3 even if doing so might
constitute evidence that the person has committed an offence.
20
      (2)
But in criminal proceedings in which a person is charged with an
offence—
(a)
no evidence relating to any answer given, or anything else
done, in pursuance of the regulations may be adduced by
or on behalf of the prosecution, and
25
(b)
no question relating to those matters may be asked by or
on behalf of the prosecution,

unless evidence relating to those matters is adduced, or a question
relating to those matters is asked, in the proceedings by or on
behalf of the person.
30
      (3)
Sub-paragraph (2) does not apply to—
(a)
an offence under section 112 of the Administration Act;
(b)
an offence under section 5 of the Perjury Act 1911 (false
statements made otherwise than on oath in England and
Wales); or
35
(c)
an offence under section 44(2) of the Criminal Law
(Consolidation) (Scotland) Act 1995 (corresponding
provision for Scotland).
5     (1)
Regulations may make provision for or in connection with
authorising the supply of information held by—
40
(a)
a police force,
(b)
the probation service, or
(c)
such other person as may be prescribed,

to the Secretary of State, or to a person providing services to the
Secretary of State, for the purpose of checking the accuracy of
45
information supplied in pursuance of regulations under
paragraph 1.

Welfare Reform Bill
Schedule 3 — Claimants dependent on drugs etc.
Part 1 — Jobseeker’s allowance
73

      (2)
Regulations under this paragraph may, in particular, make
provision as to the circumstances in which, and the extent (if any)
to which, information supplied under the regulations may be
supplied by the recipient to others.
      (3)
Regulations under this paragraph may, in particular, authorise
5
information supplied to a person under the regulations—
(a)
to be used for the purpose of amending or supplementing
other information held by that person; and
(b)
if it is so used, to be supplied to any other person, and used
for any purpose, to whom and for which that other
10
information could be supplied or used.
      (4)
In this paragraph “the probation service” means—
(a)
in England and Wales, a local probation board established
under section 4 of the Criminal Justice and Court Services
Act 2000 or a provider of probation services;
15
(b)
in Scotland, a local authority within the meaning of the
Social Work (Scotland) Act 1968.
Requirement to comply with a rehabilitation plan
6     (1)
Regulations may make provision for or in connection with
imposing on a person a requirement to comply with a
20
rehabilitation plan.
      (2)
Regulations under this paragraph must include provision for the
requirement mentioned in sub-paragraph (1) to be imposed on a
person only if, as a result of an assessment carried out under
regulations under paragraph 2, the Secretary of State is satisfied
25
that—
(a)
the person is dependent on, or has a propensity to misuse,
any drug,
(b)
the person’s dependency or propensity is such as requires
and may be susceptible to treatment, and
30
(c)
the person’s dependency or propensity is a factor affecting
the person’s prospects of obtaining or remaining in work.
      (3)
For the purposes of this paragraph a “rehabilitation plan” is a
document—
(a)
which is provided to the person by the Secretary of State,
35
and
(b)
which contains one or more of the following requirements.
      (4)
The requirements are that during the specified period (which may
not exceed 52 weeks or, if the case is exceptional, 104 weeks) the
person—
40
(a)
must submit to treatment by or under the direction of a
person having the necessary qualifications or experience,
(b)
must take part in specified interviews, and specified
assessments, at specified places and times, and
(c)
must take such other steps (if any) as may be specified,
45

with a view to the reduction or elimination of the person’s
dependency on, or propensity to misuse, the drug in question.

Welfare Reform Bill
Schedule 3 — Claimants dependent on drugs etc.
Part 1 — Jobseeker’s allowance
74

      (5)
The required treatment for any particular period must be—
(a)
treatment as a resident in a specified institution or place, or
(b)
treatment as a non-resident at a specified institution or
place, and at specified intervals;

but the nature of the treatment must not otherwise be specified.
5
      (6)
Regulations under this paragraph may, in particular, make
provision—
(a)
for securing that a person who is required to comply with
a rehabilitation plan is not required to meet the jobseeking
conditions;
10
(b)
for suspending any jobseeker’s agreement to which a
person is a party for any period during which the person is
required to comply with a rehabilitation plan;
(c)
for securing that a person is not required to submit to
treatment of a prescribed description without the person’s
15
consent;
(d)
as to the involvement of a person in determining the
particular requirements to be contained in a rehabilitation
plan with which the person is to be required to comply;
(e)
about the form of rehabilitation plans (including provision
20
as to the signing of rehabilitation plans);
(f)
about the review of rehabilitation plans;
(g)
about the variation of rehabilitation plans;
(h)
about the revocation of rehabilitation plans before the end
of the specified period;
25
(i)
for securing that a person who is required to comply with
a rehabilitation plan provides information, and such
evidence as may be prescribed, as to compliance with the
plan.
      (7)
A jobseeker’s allowance may also be known as a “treatment
30
allowance” at any time when—
(a)
it is payable in respect of a person who is required to
comply with a rehabilitation plan (or would be so payable
if compliance with the plan is assumed), or
(b)
it is payable in respect of a joint-claim couple both
35
members of which are required to comply with a
rehabilitation plan (or would be so payable if compliance
with the plans is assumed).
      (8)
Regulations under this paragraph may not impose a requirement
on a person at any time unless the person would (apart from the
40
regulations) be required to meet the jobseeking conditions at that
time.
      (9)
In this paragraph “specified”, in relation to a rehabilitation plan,
means specified in or determined in accordance with the plan.
Sanctions
45
7     (1)
Regulations under paragraph 1, 2, 3 or 6 may, in particular, make
provision—

Welfare Reform Bill
Schedule 3 — Claimants dependent on drugs etc.
Part 1 — Jobseeker’s allowance
75

(a)
for securing that the appropriate consequence follows if a
person has failed to comply with any requirement
imposed by any such regulations and it is not shown,
within a prescribed period, that the person had good cause
for the failure;
5
(b)
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 any such requirement;
(c)
prescribing circumstances in which a person is, or is not, to
be regarded as having good cause for any failure to comply
10
with any such requirement.
      (2)
In the case of a jobseeker’s allowance other than a joint-claim
jobseeker’s allowance, the appropriate consequence for the
purposes of sub-paragraph (1)(a) is that the allowance is not
payable for such period (of at least one week but not more than 26
15
weeks) as may be prescribed.
      (3)
In the case of a joint-claim jobseeker’s allowance, the appropriate
consequence for the purposes of sub-paragraph (1)(a) is that the
person is to be treated as subject to sanctions for the purposes of
section 20A for such period (of at least one week but not more than
20
26 weeks) as may be prescribed.
      (4)
Regulations under paragraph 1, 2, 3 or 6 may make provision for
an income-based jobseeker’s allowance to be payable in
prescribed circumstances even though other provision made by
the regulations prevents payment of it.
25

This sub-paragraph does not apply in the case of a joint-claim
jobseeker’s allowance (corresponding provision for which is made
by section 20B(4)).
      (5)
The provision that may be made by the regulations by virtue of
sub-paragraph (4) includes, in particular, provision for the
30
allowance to be—
(a)
payable only if prescribed requirements as to the provision
of information are complied with;
(b)
payable at a prescribed rate;
(c)
payable for a prescribed period (which may differ from
35
any period mentioned in sub-paragraph (2)).
Interpretation
8
In this Schedule—
“drug” means such controlled drug (as defined by section 2
of the Misuse of Drugs Act 1971) as may be prescribed;
40
“the jobseeking conditions” means the conditions set out in
section 1(2)(a) to (c).
Power to extend provisions to alcohol
9     (1)
If regulations so provide and subject as follows, the preceding
paragraphs of this Schedule are to apply in relation to alcohol as
45
they apply in relation to drugs.

Welfare Reform Bill
Schedule 3 — Claimants dependent on drugs etc.
Part 1 — Jobseeker’s allowance
76

      (2)
Regulations under this paragraph may provide for a different
definition of a “relevant test” to apply in relation to alcohol for the
purposes of paragraph 3.”
Consequential amendments
3     (1)
The Jobseekers Act 1995 (c. 18) is amended as follows.
5
      (2)
In section 36(4A)(a) and (b) (regulations and orders), which is inserted by
section 1 of this Act, after “17A” insert “or Schedule A1”.
      (3)
In section 37(1)(c) (regulations subject to the affirmative resolution
procedure), after “section 35(1)” insert “, any paragraph of Schedule A1”.
4
In paragraph 3(da) of Schedule 3 to the Social Security Act 1998 (c. 14)
10
(decisions against which an appeal lies), which is inserted by section 1 of this
Act, after “17A of” insert “, or Schedule A1 to,”.
Report on initial operation of drugs provisions
5     (1)
The Secretary of State must prepare a report on the operation of the first set
of regulations made under paragraphs 1, 2, 3 and 6 of Schedule A1 to the
15
Jobseekers Act 1995 during the review period.
      (2)
“The review period” is the period of 24 months beginning with the day on
which those regulations come into force.
      (3)
The Secretary of State must—
(a)
prepare the report, and
20
(b)
lay it before Parliament,

within 6 months from the end of the review period.
      (4)
The continued effect of the drugs provisions depends on whether the
Secretary of State makes an order under this sub-paragraph within the
relevant period providing for those provisions to continue to have effect.
25
      (5)
“The relevant period” means the period of 30 days beginning with the day
on which the report is laid before Parliament; and, in reckoning this period,
no account is to be taken of any time during which Parliament—
(a)
is dissolved or prorogued, or
(b)
is adjourned for more than 4 days.
30
      (6)
If no order is made as mentioned in sub-paragraph (4), the Secretary of State
must instead make an order under this sub-paragraph providing for the
repeal of the drugs provisions on a date specified in the order.
      (7)
An order under sub-paragraph (6) may contain transitional provision or
savings.
35
      (8)
Any power to make an order under this paragraph is exercisable by
statutory instrument.
      (9)
An order under sub-paragraph (4) may not be made unless a draft of the
statutory instrument containing the order has been laid before, and
approved by a resolution of, each House of Parliament.
40

Welfare Reform Bill
Schedule 3 — Claimants dependent on drugs etc.
Part 2 — Employment and support allowance
77

     (10)
A statutory instrument containing an order under sub-paragraph (6) is
subject to annulment in pursuance of a resolution of either House of
Parliament.
     (11)
In this paragraph “the drugs provisions” means—
(a)
section 17C of, and Schedule A1 to, the Jobseekers Act 1995 (c. 18),
5
(b)
the words inserted into that Act, and the Social Security Act 1998
(c. 14), by paragraphs 3 and 4 of this Schedule, and
(c)
paragraphs 1 to 4 of this Schedule.
     (12)
This paragraph applies whether or not the regulations mentioned in sub-
paragraph (1) are, by virtue of section 29 of the Jobseekers Act 1995 (pilot
10
schemes), made so as to have effect for a limited period.
Part 2
Employment and support allowance
Requirements imposed on persons dependent on drugs etc.
6
After section 15 of the Welfare Reform Act 2007 (c. 5) insert—
15
“Persons dependent on drugs etc.
15A
Persons dependent on drugs etc.
(1)
Schedule 1A makes provision for or in connection with imposing
requirements on persons in cases where—
(a)
they are dependent on, or have a propensity to misuse, any
20
drug, and
(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.”
25
7
After Schedule 1 to the Welfare Reform Act 2007 insert—
“Schedule 1A
Section 15A

Persons dependent on drugs etc.
Requirements imposed in relation to use of drugs
1     (1)
Regulations may make provision for or in connection with
30
imposing on a person who is—
(a)
entitled to an employment and support allowance, and
(b)
not a member of the support group,

a requirement to answer questions within sub-paragraph (2) as a
condition of continuing to be entitled to the full amount payable
35
to the person in respect of the allowance apart from the
regulations.
      (2)
A question is within this sub-paragraph if it is asked for the
purpose of ascertaining—

Welfare Reform Bill
Schedule 3 — Claimants dependent on drugs etc.
Part 2 — Employment and support allowance
78

(a)
whether the person may be 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 the person’s prospects of obtaining or
remaining in work.
5
      (3)
Regulations under this paragraph may, in particular, make
provision—
(a)
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
10
treatment connected with its use);
(b)
for notifying a person of any requirement to answer
questions under the regulations;
(c)
for the determination, and notification, of the time and
place at which a person is required to answer questions
15
under the regulations.
      (4)
Regulations under this paragraph must include provision for a
requirement imposed on a person by the regulations to cease to
have effect if the person becomes a member of the support group.
2     (1)
Regulations may make provision for or in connection with
20
imposing on a person who is subject to a requirement imposed
under paragraph 1 a requirement to take part in a substance-
related assessment as a condition of continuing to be entitled to
the full amount payable to the person in respect of an employment
and support allowance apart from the regulations.
25
      (2)
For the purposes of this paragraph—
a “substance-related assessment” means an assessment by an
approved person carried out for the purpose of
assessing—
(a)
whether a person is dependent on, or has a propensity
30
to misuse, any drug, and
(b)
(if so) whether the person’s dependency or
propensity is such as requires and may be susceptible
to treatment;
an “approved person” means a person having the necessary
35
qualifications or experience who is approved by the
Secretary of State for the purposes of this paragraph.
      (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
40
suspecting that—
(a)
the person may be dependent on, or have a propensity to
misuse, any drug, and
(b)
any such dependency or propensity may be a factor
affecting the person’s prospects of obtaining or remaining
45
in work.
      (4)
Regulations under this paragraph may, in particular, make
provision—