|
|
| |
| | |
|
| “(5) | In preparing any action plan, the Secretary of State must have |
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| regard (so far as practicable) to its impact on the well-being of |
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| any child who may be affected by it.”” |
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55 | Page 57, line 42, after “person” insert “— |
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| |
56 | Page 57, line 43, after “1A” insert “, and |
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| (b) | who is not a lone parent of a child under the age of 3,” |
|
57 | Page 58, line 16, at end insert— |
|
| “(3A) | Regulations under this section must include provision for |
|
| securing that lone parents are entitled (subject to meeting any |
|
| prescribed conditions) to restrict the times at which they are |
|
| required to undertake work-related activity.” |
|
58 | Page 58, line 23, at end insert— |
|
| “(4A) | But a direction under subsection (4) may not specify medical or |
|
| surgical treatment as the only activity which, in any person’s |
|
| case, is to be regarded as being work-related activity.” |
|
59 | Page 58, line 34, after “section” insert “— |
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| ““lone parent” means a person who— |
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| (a) | is not a member of a couple, and |
|
| (b) | is responsible for, and a member of the same |
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| |
|
60 | Page 68, line 32, leave out paragraph 9 |
|
|
61 | Page 70, line 32, at end insert “and a subsequent interview (a “drugs interview”) |
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| with an approved person to discuss any matters arising out of that assessment” |
|
62 | Page 71, line 13, at end insert “or a drugs interview” |
|
63 | Page 71, line 15, after “assessment” insert “or drugs interview” |
|
64 | Page 71, line 16, at end insert— |
|
| “(4A) | Regulations under this paragraph may, in particular, make |
|
| provision for a requirement imposed on a person (“P”) under |
|
| this paragraph to cease to have effect if— |
|
| (a) | P agrees to provide a sample, in accordance with |
|
| instructions given by an approved person, for the |
|
| purpose of ascertaining whether there is or has been |
|
| any drug in P’s body, and |
|
| (b) | the sample provided indicates that no drug is or has |
|
| |
65 | Page 72, line 39, leave out from beginning to end of line 17 on page 73 |
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66 | Page 73, line 18, leave out from beginning to end of line 44 on page 74 and insert— |
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|
|
| |
| | |
|
| “Voluntary and mandatory rehabilitation plans |
|
| 5A (1) | Regulations may make provision for or in connection with— |
|
| (a) | securing that a person (“P”) who at any time complies |
|
| with a voluntary rehabilitation plan is not required to |
|
| meet the jobseeking conditions at that time; and |
|
| (b) | suspending any jobseeker’s agreement to which P is a |
|
| party for any period during which P complies with a |
|
| voluntary rehabilitation plan. |
|
| (2) | Regulations under this paragraph may include provision for |
|
| the consequences set out in sub-paragraph (1)(a) and (b) to |
|
| follow only if the Secretary of State is satisfied that— |
|
| (a) | P is dependent on, or has a propensity to misuse, any |
|
| |
| (b) | P’s dependency or propensity is a factor affecting P’s |
|
| prospects of obtaining or remaining in work. |
|
| (3) | For the purposes of this paragraph a “voluntary rehabilitation |
|
| plan” is an agreement entered into by the Secretary of State |
|
| and P under which P agrees to take one or more of the |
|
| |
| |
| (a) | submitting to treatment by or under the direction of a |
|
| person having the necessary qualifications or |
|
| |
| (b) | taking part in specified interviews, and specified |
|
| assessments, at specified places and times, and |
|
| (c) | taking such other steps (if any) as may be specified, |
|
| | with a view to the reduction or elimination of P’s dependency |
|
| on, or propensity to misuse, the drug in question. |
|
| (5) | The treatment may be— |
|
| (a) | treatment as a resident in a specified institution or |
|
| |
| (b) | treatment as a non-resident at a specified institution or |
|
| place, and at specified intervals. |
|
| (6) | Regulations under this paragraph may, in particular, make |
|
| |
| (a) | as to the maximum period for which a person may |
|
| benefit from the provision made by the regulations; |
|
| (b) | about the form of voluntary rehabilitation plans |
|
| (including provision as to their signing); |
|
| (c) | about the review, variation and revocation of |
|
| voluntary rehabilitation plans; |
|
| (d) | for securing that a person who agrees to comply with a |
|
| voluntary 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 |
|
| allowance” at any time when— |
|
| (a) | it is payable in respect of a person to whom this |
|
| |
|
|
| |
| | |
|
| (b) | it is payable in respect of a joint-claim couple both |
|
| members of which are persons to whom this paragraph |
|
| |
| (8) | In this paragraph “specified”, in relation to a voluntary |
|
| rehabilitation plan, means specified in or determined in |
|
| accordance with the plan. |
|
| 6 (1) | Regulations may make provision for or in connection with |
|
| imposing on a person a requirement to comply with a |
|
| mandatory rehabilitation plan. |
|
| (2) | Regulations under this paragraph must include provision for |
|
| securing that a person is subject to the requirement mentioned |
|
| in sub-paragraph (1) at any time only if— |
|
| (a) | the person has not at that time agreed to comply with |
|
| a voluntary rehabilitation plan under paragraph 5A, |
|
| |
| (b) | the Secretary of State is satisfied as mentioned in sub- |
|
| paragraph (2) of that paragraph. |
|
| (3) | For the purposes of this paragraph a “mandatory |
|
| rehabilitation plan” is a document— |
|
| (a) | which is provided to the person by the Secretary of |
|
| |
| (b) | which contains one or more of the following |
|
| |
| (4) | The requirements are that the person— |
|
| (a) | must attend an educational programme at a specified |
|
| place and at specified times, |
|
| (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 |
|
| dependency on, or propensity to misuse, the drug in question. |
|
| (5) | Nothing may be specified in a mandatory rehabilitation plan |
|
| which requires a person to submit to medical or surgical |
|
| |
| (6) | Regulations under this paragraph may, in particular, make |
|
| |
| (a) | as to the involvement of a person in determining the |
|
| particular requirements to be contained in a |
|
| mandatory rehabilitation plan with which the person |
|
| is to be required to comply; |
|
| (b) | about the form of mandatory rehabilitation plans |
|
| (including provision as to their signing); |
|
| (c) | about the review, variation and revocation of |
|
| mandatory rehabilitation plans; |
|
| (d) | for securing that a person who is required to comply |
|
| with a mandatory rehabilitation plan provides |
|
| information, and such evidence as may be prescribed, |
|
| as to compliance with the plan. |
|
|
|
| |
| | |
|
| (7) | Regulations under this paragraph may not impose a |
|
| requirement on a person at any time unless the person would |
|
| (apart from the regulations) be required to meet the jobseeking |
|
| |
| (8) | In this paragraph “specified”, in relation to a mandatory |
|
| rehabilitation plan, means specified in or determined in |
|
| accordance with the plan.” |
|
67 | Page 75, line 36, at end insert— |
|
| |
| 7A (1) | Regulations may make provision for or in connection with |
|
| authorising the supply of information, other than excluded |
|
| |
| |
| (b) | the probation service, or |
|
| (c) | such other person as may be prescribed, |
|
| | to a person within sub-paragraph (2) for use for the purposes |
|
| of any provision of this Schedule. |
|
| (2) | The persons within this sub-paragraph are— |
|
| (a) | the Secretary of State; |
|
| (b) | a person providing services to the Secretary of State; |
|
| (c) | an approved person (within the meaning of paragraph |
|
| |
| (3) | Information supplied under the regulations may not be |
|
| supplied by the recipient to any other person unless— |
|
| (a) | it could be supplied to that person under the |
|
| |
| (b) | it is supplied for the purposes of any civil or criminal |
|
| |
| (c) | it is required to be supplied under any enactment. |
|
| (4) | In sub-paragraph (1) “excluded information” means any |
|
| information relating to or acquired as a result of— |
|
| (a) | the provision of medical or surgical treatment or care, |
|
| |
| (b) | the provision of services by a social worker, |
|
| | other than information as to whether a person is having (or has |
|
| had) treatment in respect of the person’s use of any drug. |
|
| (5) | In sub-paragraph (1) “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 |
|
| |
| (b) | in Scotland, a local authority within the meaning of the |
|
| Social Work (Scotland) Act 1968.” |
|
68 | Page 76, line 9, at end insert— |
|
|
|
| |
| | |
|
| “(4) | In paragraph 19 of Schedule 1 (treatment of information), as inserted by |
|
| section 27(3) of this Act, after “this Act” insert “(other than paragraph 7A |
|
| |
69 | Page 76, line 15, after “3” insert “, 5A” |
|
70 | Page 78, line 23, after “assessment” insert “, and a subsequent interview (a “drugs |
|
| interview”) with an approved person to discuss any matters arising out of that |
|
| |
71 | Page 79, line 2, after “assessment” insert “or a drugs interview” |
|
72 | Page 79, line 4, after “assessment” insert “or drugs interview” |
|
73 | Page 79, line 5, at end insert— |
|
| “(4A) | Regulations under this paragraph may, in particular, make |
|
| provision for a requirement imposed on a person (“P”) under |
|
| this paragraph to cease to have effect if— |
|
| (a) | P agrees to provide a sample, in accordance with |
|
| instructions given by an approved person, for the |
|
| purpose of ascertaining whether there is or has been |
|
| any drug in P’s body, and |
|
| (b) | the sample provided indicates that no drug is or has |
|
| |
74 | Page 80, line 29, leave out from beginning to end of line 9 on page 81 |
|
75 | Page 81, line 10, leave out from beginning to end of line 28 on page 82 and insert— |
|
| “Voluntary and mandatory rehabilitation plans |
|
| 5A (1) | Regulations may make provision for or in connection with |
|
| securing that a person (“P”) who at any time complies with a |
|
| voluntary rehabilitation plan is not required at that time— |
|
| (a) | to take part in a work-focused interview under section |
|
| |
| (b) | to undertake work-related activity under section 13(1). |
|
| (2) | Regulations under this paragraph may include provision for P |
|
| not to be required to do the things mentioned in sub- |
|
| paragraph (1)(a) or (b) only if the Secretary of State is satisfied |
|
| |
| (a) | P is dependent on, or has a propensity to misuse, any |
|
| |
| (b) | P’s dependency or propensity is a factor affecting P’s |
|
| prospects of obtaining or remaining in work. |
|
| (3) | For the purposes of this paragraph a “voluntary rehabilitation |
|
| plan” is an agreement entered into by the Secretary of State |
|
| and P under which P agrees to take one or more of the |
|
| |
| |
| (a) | submitting to treatment by or under the direction of a |
|
| person having the necessary qualifications or |
|
| |
|
|
| |
| | |
|
| (b) | taking part in specified interviews, and specified |
|
| assessments, at specified places and times, and |
|
| (c) | taking such other steps (if any) as may be specified, |
|
| | with a view to the reduction or elimination of P’s dependency |
|
| on, or propensity to misuse, the drug in question. |
|
| (5) | The treatment may be— |
|
| (a) | treatment as a resident in a specified institution or |
|
| |
| (b) | treatment as a non-resident at a specified institution or |
|
| place, and at specified intervals. |
|
| (6) | Regulations under this paragraph may, in particular, make |
|
| |
| (a) | as to the maximum period for which a person may |
|
| benefit from the provision made by the regulations; |
|
| (b) | about the form of voluntary rehabilitation plans |
|
| (including provision as to their signing); |
|
| (c) | about the review, variation and revocation of |
|
| voluntary rehabilitation plans; |
|
| (d) | for securing that a person who agrees to comply with a |
|
| voluntary rehabilitation plan provides information, |
|
| and such evidence as may be prescribed, as to |
|
| compliance with the plan. |
|
| (7) | An employment and support allowance may also be known as |
|
| a “treatment allowance” at any time when it is payable to a |
|
| person to whom this paragraph applies. |
|
| (8) | In this paragraph “specified”, in relation to a voluntary |
|
| rehabilitation plan, means specified in or determined in |
|
| accordance with the plan. |
|
| 6 (1) | Regulations may make provision for or in connection with |
|
| imposing on a person a requirement to comply with a |
|
| mandatory 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 |
|
| |
| (2) | Regulations under this paragraph must include provision for |
|
| securing that a person is subject to the requirement mentioned |
|
| in sub-paragraph (1) at any time only if— |
|
| (a) | the person has not at that time agreed to comply with |
|
| a voluntary rehabilitation plan under paragraph 5A, |
|
| |
| (b) | the Secretary of State is satisfied as mentioned in sub- |
|
| paragraph (2) of that paragraph. |
|
| (3) | For the purposes of this paragraph a “mandatory |
|
| rehabilitation plan” is a document— |
|
| (a) | which is provided to the person by the Secretary of |
|
| |
| (b) | which contains one or more of the following |
|
| |
| (4) | The requirements are that the person— |
|
|
|
| |
| | |
|
| (a) | must attend an educational programme at a specified |
|
| place and at specified times, |
|
| (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 |
|
| dependency on, or propensity to misuse, the drug in question. |
|
| (5) | Nothing may be specified in a mandatory rehabilitation plan |
|
| which requires a person to submit to medical or surgical |
|
| |
| (6) | Regulations under this paragraph may, in particular, make |
|
| |
| (a) | as to the involvement of a person in determining the |
|
| particular requirements to be contained in a |
|
| mandatory rehabilitation plan with which the person |
|
| is to be required to comply; |
|
| (b) | about the form of mandatory rehabilitation plans |
|
| (including provision as to their signing); |
|
| (c) | about the review, variation and revocation of |
|
| mandatory rehabilitation plans; |
|
| (d) | for securing that a person who is required to comply |
|
| with a mandatory 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 under this paragraph to |
|
| cease to have effect if the person becomes a member of the |
|
| |
| (8) | In this paragraph “specified”, in relation to a mandatory |
|
| rehabilitation plan, means specified in or determined in |
|
| accordance with the plan.” |
|
76 | Page 83, line 5, at end insert— |
|
| |
| 7A (1) | Regulations may make provision for or in connection with |
|
| authorising the supply of information, other than excluded |
|
| |
| |
| (b) | the probation service, or |
|
| (c) | such other person as may be prescribed, |
|
| | to a person within sub-paragraph (2) for use for the purposes |
|
| of any provision of this Schedule. |
|
| (2) | The persons within this sub-paragraph are— |
|
| (a) | the Secretary of State; |
|
| (b) | a person providing services to the Secretary of State; |
|
| (c) | an approved person (within the meaning of paragraph |
|
| |
|