09159.13-19

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Lords Amendments to the Welfare Reform Bill

13

“(5)
In preparing any action plan, the Secretary of State must have

regard (so far as practicable) to its impact on the well-being of

any child who may be affected by it.””
55
Page 57, line 42, after “person” insert “—

(a)
”
56
Page 57, line 43, after “1A” insert “, and

(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 “—

““lone parent” means a person who—

(a)
is not a member of a couple, and

(b)
is responsible for, and a member of the same

household as, a child;”
Schedule 2
60
Page 68, line 32, leave out paragraph 9
Schedule 3
61
Page 70, line 32, at end insert “and a subsequent interview (a “drugs interview”)

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

been in P’s body.”
65
Page 72, line 39, leave out from beginning to end of line 17 on page 73
66
Page 73, line 18, leave out from beginning to end of line 44 on page 74 and insert—

14

“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

drug, and

(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

following steps.

      (4)
The steps are—

(a)
submitting to treatment by or under the direction of a

person having the necessary qualifications or

experience,

(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

place, 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

provision—

(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

paragraph applies, or

15

(b)
it is payable in respect of a joint-claim couple both

members of which are persons 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.

      (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,

and

(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

State, and

(b)
which contains one or more of the following

requirements.

      (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

treatment.

      (6)
Regulations under this paragraph may, in particular, make

provision—

(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.

16

      (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

conditions at that time.

      (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—

“Information

7A  (1)
Regulations may make provision for or in connection with

authorising the supply of information, other than excluded

information, held by—

(a)
a police force,

(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

2).

      (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

regulations;

(b)
it is supplied for the purposes of any civil or criminal

proceedings; or

(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,

or

(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

services;

(b)
in Scotland, a local authority within the meaning of the

Social Work (Scotland) Act 1968.”
68
Page 76, line 9, at end insert—

17

    “(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

of Schedule A1)”.”
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

assessment,”
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

been in P’s body.”
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

12(1), or

(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

that—

(a)
P is dependent on, or has a propensity to misuse, any

drug, and

(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

following steps.

      (4)
The steps are—

(a)
submitting to treatment by or under the direction of a

person having the necessary qualifications or

experience,

18

(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

place, 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

provision—

(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

regulations.

      (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,

and

(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

State, and

(b)
which contains one or more of the following

requirements.

      (4)
The requirements are that the person—

19

(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

treatment.

      (6)
Regulations under this paragraph may, in particular, make

provision—

(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

support group.

      (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—

“Information

7A  (1)
Regulations may make provision for or in connection with

authorising the supply of information, other than excluded

information, held by—

(a)
a police force,

(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

2).