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 2 — Employment and support allowance
79

(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
person is required to take part.
5
      (5)
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.
3     (1)
Regulations may make provision for or in connection with
imposing on a person who—
10
(a)
is subject to a requirement imposed under paragraph 2,
and
(b)
fails to comply with it without showing, within a
prescribed period, good cause for the failure,

a requirement to take part in one or more relevant tests as a
15
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.
      (2)
Regulations under this paragraph must include provision for the
requirement mentioned in sub-paragraph (1) to be imposed on a
20
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.
      (3)
Regulations under this paragraph must include provision for
25
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—
(a)
for notifying a person of a requirement to take part in a
30
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.
      (5)
Regulations under this paragraph must include provision for a
35
requirement imposed on a person by the regulations to cease to
have effect if the person becomes a member of the support group.
      (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
40
the meaning of paragraph 2) for the purpose of ascertaining
whether there is or has been any drug in the person’s body.
      (7)
In sub-paragraph (6) “permissible sample”, in relation to any
drug, means—
(a)
a sample of urine, or
45
(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—

Welfare Reform Bill
Schedule 3 — Claimants dependent on drugs etc.
Part 2 — Employment and support allowance
80

(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
5
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.
10
      (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
15
(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.
20
      (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
25
(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—
30
(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
35
information supplied in pursuance of regulations under
paragraph 1.
      (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
40
supplied by the recipient to others.
      (3)
Regulations under this paragraph may, in particular, authorise
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
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Welfare Reform Bill
Schedule 3 — Claimants dependent on drugs etc.
Part 2 — Employment and support allowance
81

(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
information could be supplied or used.
      (4)
In this paragraph “the probation service” means—
(a)
in England and Wales, a local probation board established
5
under section 4 of the Criminal Justice and Court Services
Act 2000 or a provider of probation services;
(b)
in Scotland, a local authority within the meaning of the
Social Work (Scotland) Act 1968.
Requirement to comply with a rehabilitation plan
10
6     (1)
Regulations may make provision for or in connection with
imposing on a person a requirement to comply with a
rehabilitation plan 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.
15
      (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
that—
20
(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
(c)
the person’s dependency or propensity is a factor affecting
25
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,
and
30
(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—
(a)
must submit to treatment by or under the direction of a
35
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,

with a view to the reduction or elimination of the person’s
40
dependency on, or propensity to misuse, the drug in question.
      (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;
45

but the nature of the treatment must not otherwise be specified.

Welfare Reform Bill
Schedule 3 — Claimants dependent on drugs etc.
Part 2 — Employment and support allowance
82

      (6)
Regulations under this paragraph may, in particular, make
provision—
(a)
for securing that a person is not required to submit to
treatment of a prescribed description without the person’s
consent;
5
(b)
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;
(c)
about the form of rehabilitation plans (including provision
as to the signing of rehabilitation plans);
10
(d)
about the review of rehabilitation plans;
(e)
about the variation of rehabilitation plans;
(f)
about the revocation of rehabilitation plans before the end
of the specified period;
(g)
for securing that a person who is required to comply with
15
a rehabilitation plan provides information, and such
evidence as may be prescribed, as to compliance with the
plan.
      (7)
Regulations under this paragraph must include provision for a
requirement imposed on a person to comply with a rehabilitation
20
plan to cease to have effect if the person becomes a member of the
support group.
      (8)
An employment and support allowance may also be known as a
“treatment allowance” at any time when it is payable to a person
who is required to comply with a rehabilitation plan (or would be
25
payable if compliance with the plan is assumed).
      (9)
In this paragraph “specified”, in relation to a rehabilitation plan,
means specified in or determined in accordance with the plan.
Sanctions
7     (1)
Regulations under paragraph 1, 2, 3 or 6 may, in particular, make
30
provision—
(a)
for securing that the appropriate consequence follows if a
person has failed to comply with any requirement
imposed by any such regulations and the person does not
show, within a prescribed period, good cause for the
35
failure;
(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
40
be regarded as having good cause for any failure to comply
with any such requirement.
      (2)
The appropriate consequence for the purposes of sub-paragraph
(1)(a) is that the amount payable to the person in question in
respect of an employment and support allowance is reduced in
45
accordance with the regulations.
      (3)
The provision that may be made by virtue of sub-paragraph (2)
includes, in particular, provision for determining—

Welfare Reform Bill
Schedule 3 — Claimants dependent on drugs etc.
Part 2 — Employment and support allowance
83

(a)
the amount by which an allowance is to be reduced,
(b)
when the reduction is to start, and
(c)
how long it is to continue,

and may include provision prescribing circumstances in which the
amount of the reduction is to be nil.
5
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.
Power to extend provisions to alcohol
9     (1)
If regulations so provide and subject as follows, the preceding
10
paragraphs of this Schedule are to apply in relation to alcohol as
they apply in relation to drugs.
      (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.”
15
Consequential amendments
8     (1)
Part 1 of the Welfare Reform Act 2007 (c. 5) (employment and support
allowance) is amended as follows.
      (2)
In section 16 (contracting out)—
(a)
in subsection (1), at the end insert—
20
“(d)
asking questions under paragraph 1 of Schedule 1A;
(e)
making decisions under paragraph 2 or 3 of that
Schedule;
(f)
exercising any functions in relation to rehabilitation
plans under paragraph 6 of that Schedule.”,
25
(b)
in subsection (2)(a), after “15” insert “or Schedule 1A”, and
(c)
in subsection (3)(a), after “13” insert “or Schedule 1A”.
      (3)
In section 25(6) (regulations), after “15” insert “or Schedule 1A”.
      (4)
In section 26(1) (regulations subject to the affirmative resolution procedure),
after paragraph (c) insert—
30
“(d)
regulations under any paragraph of Schedule 1A.”
      (5)
In Schedule 2 (employment and support allowance: supplementary
provisions)—
(a)
in paragraph 12(c), after “13,” insert—
“(ca)
Schedule 1A,”, and
35
(b)
in paragraph 13, after “13” insert “or Schedule 1A”.
Report on the initial operation of drugs provisions
9     (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 1A to the
Welfare Reform Act 2007 during the review period.
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Welfare Reform Bill
Schedule 3 — Claimants dependent on drugs etc.
Part 2 — Employment and support allowance
84

      (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
(b)
lay it before Parliament,
5

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.
      (5)
“The relevant period” means the period of 30 days beginning with the day
10
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.
      (6)
If no order is made as mentioned in sub-paragraph (4), the Secretary of State
15
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.
      (8)
Any power to make an order under this paragraph is exercisable by
20
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.
     (10)
A statutory instrument containing an order under sub-paragraph (6) is
25
subject to annulment in pursuance of a resolution of either House of
Parliament.
     (11)
In this paragraph “the drugs provisions” means—
(a)
section 15A of, and Schedule 1A to, the Welfare Reform Act 2007
(c. 5),
30
(b)
the words inserted into that Act by paragraph 8 of this Schedule, and
(c)
paragraphs 6 to 8 of this Schedule.
     (12)
This paragraph applies whether or not the regulations mentioned in sub-
paragraph (1) are, by virtue of section 19 of the Welfare Reform Act 2007
(pilot schemes), made so as to have effect for a limited period.
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