Welfare Reform Bill

Session 2010 - 11
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Other Bills before Parliament

Welfare Reform Bill

Welfare Reform Bill
Part 2 — Working-age benefits
Chapter 1 — Jobseeker’s allowance
23

accordance with the claimant commitment as proposed to be
varied.
(6)
On a reference under subsection (5) the Secretary of State—
(a)
shall, so far as practicable, dispose of it in accordance with this
section before the end of the period of 14 days from the date of
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the reference,
(b)
shall give such directions as he considers appropriate as to—
(i)
whether the claimant commitment should be varied,
and
(ii)
if so, the terms on which the claimant is to accept the
10
varied claimant commitment, and
(c)
may direct that, if such conditions as he considers appropriate
are satisfied, the claimant commitment, as proposed to be
varied, is to be treated (if accepted) as having been accepted by
the claimant on such date as may be specified in the direction.
15
(7)
Regulations may provide—
(a)
for such matters as may be prescribed to be taken into account
by the Secretary of State in giving a direction under subsection
(6)(b) or (c), and
(b)
for such persons as may be prescribed to be notified of—
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(i)
any determination of the Secretary of State under this
section;
(ii)
any direction given by the Secretary of State under this
section.”
(5)
In section 35 (interpretation), in subsection (1), after the definition of
25
“employment” there is inserted—
““employment officer, for any purpose of this Act, means an
officer of the Secretary of State or such other person as may be
designated for that purpose by an order made by the Secretary
of State;”.
30
45
Interviews
In section 8 of the Jobseekers Act 1995 (attendance, information and evidence),
in subsection (1)(a) for “to attend at such place and at such time” there is
inserted “participate in an interview in such manner, time and place”.
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Sanctions
35
(1)
For section 19 of the Jobseekers Act 1995 there is substituted—
“19
Higher-level sanctions
(1)
The amount of an award of a jobseeker’s allowance is to be reduced in
accordance with this section in the event of a failure by the claimant
which is sanctionable under this section.
40
(2)
It is a failure sanctionable under this section if a claimant—
(a)
through misconduct loses employment as an employed earner;
(b)
without a good reason voluntarily leaves such employment;

Welfare Reform Bill
Part 2 — Working-age benefits
Chapter 1 — Jobseeker’s allowance
24

(c)
without a good reason refuses or fails to apply for, or accept if
offered, a situation in any employment which an employment
officer has informed him is vacant or about to become vacant;
(d)
without a good reason neglects to avail himself of a reasonable
opportunity of employment;
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(e)
without a good reason fails to participate in any scheme within
section 17A(1) which is prescribed for the purposes of this
section.
(3)
For the purposes of subsection (2)(b), in such circumstances as may be
prescribed, including in particular where a person has been dismissed
10
by his employer by reason of redundancy within the meaning of section
139(1) of the Employment Rights Act 1996 after volunteering or
agreeing to be so dismissed, a person who might otherwise be treated
as having left his employment voluntarily is to be treated as not having
left voluntarily.
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(4)
Regulations are to provide for—
(a)
the amount of a reduction under this section;
(b)
the period for which such a reduction has effect, not exceeding
three years in relation to any failure sanctionable under this
section.
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(5)
Regulations under subsection (4)(b) may in particular provide for the
period of a reduction to depend on either or both of the following—
(a)
the number of failures by the claimant sanctionable under this
section;
(b)
the period between such failures.
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(6)
Regulations may provide—
(a)
for cases in which no reduction is to be made under this section;
(b)
for a reduction under this section made in relation to an award
that is terminated to be applied to any new award made within
a prescribed period of the termination.
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(7)
During any period for which the amount of a joint-claim jobseeker’s
allowance is reduced under this section by virtue of a failure by one of
the claimants which is sanctionable under this section, the allowance is
payable to the other member of the couple.
19A
Other sanctions
35
(1)
The amount of an award of a jobseeker’s allowance is to be reduced in
accordance with this section in the event of a failure by the claimant
which is sanctionable under this section.
(2)
It is a failure sanctionable under this section if a claimant—
(a)
without a good reason fails to comply with regulations under
40
section 8(1) or (1A);
(b)
without a good reason fails to comply with regulations under
section 17A;
(c)
without a good reason refuses or fails to carry out a jobseeker’s
direction which was reasonable having regard to his
45
circumstances;

Welfare Reform Bill
Part 2 — Working-age benefits
Chapter 1 — Jobseeker’s allowance
25

(d)
without a good reason neglects to avail himself of a reasonable
opportunity of a place on a training scheme or employment
programme;
(e)
without a good reason refuses or fails to apply for, or accept if
offered, a place on such a scheme or programme which an
5
employment officer has informed him is vacant or about to
become vacant;
(f)
without a good reason gives up a place on such a scheme or
programme or fails to attend such a scheme or programme
having been given a place on it;
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(g)
through misconduct loses a place on such a scheme or
programme.
(3)
But a failure is not sanctionable under this section if it is also
sanctionable under section 19.
(4)
Regulations are to provide for—
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(a)
the amount of a reduction under this section;
(b)
the period for which such a reduction has effect.
(5)
Regulations under subsection (4)(b) may provide that a reduction
under this section in relation to any failure is to have effect for—
(a)
a period continuing until the claimant meets a compliance
20
condition specified by the Secretary of State,
(b)
a fixed period not exceeding 26 weeks which is—
(i)
specified in the regulations, or
(ii)
determined in any case by the Secretary of State, or
(c)
a combination of both.
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(6)
In subsection (5)(a) “compliance condition” means—
(a)
a condition that the failure ceases, or
(b)
a condition relating to—
(i)
future compliance with a jobseeker’s direction or any
requirement imposed under section 8(1) or (1A) or 17A
30
of this Act, or
(ii)
future avoidance of the failures referred to in subsection
(2)(d) to (g).
(7)
A compliance condition specified under subsection (5)(a) may be—
(a)
revoked or varied by the Secretary of State;
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(b)
notified to the claimant in such manner as the Secretary of State
may determine.
(8)
The period fixed under subsection (5)(b) may in particular depend on
either or both of the following—
(a)
the number of failures by the claimant sanctionable under this
40
section;
(b)
the period between such failures.
(9)
Regulations may provide—
(a)
for cases in which no reduction is to be made under this section;
(b)
for a reduction under this section made in relation to an award
45
that is terminated to be applied to any new award made within
a prescribed period of the termination.

Welfare Reform Bill
Part 2 — Working-age benefits
Chapter 1 — Jobseeker’s allowance
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(10)
During any period for which the amount of a joint-claim jobseeker’s
allowance is reduced under this section by virtue of a failure by one of
the claimants which is sanctionable under this section, the allowance is
payable to the other member of the couple.
(11)
In this section—
5
(a)
“jobseeker’s direction” means a direction given by an
employment officer (in such manner as he thinks fit) with a
view to achieving one or both of the following—
(i)
assisting the claimant to find employment;
(ii)
improving the claimant’s prospects of being employed;
10
(b)
“training scheme” and “employment programme” have such
meaning as may be prescribed.
19B
Claimants ceasing to be available for employment etc
(1)
Regulations may make provision for reduction of the amount of an
award of a jobseeker’s allowance other than a joint-claim jobseeker’s
15
allowance if the claimant—
(a)
was previously entitled to such an allowance or was a member
of a couple entitled to a joint-claim jobseeker’s allowance, and
(b)
ceased to be so entitled by failing to comply with the condition
in section 1(2)(a) or (c) (availability for employment and
20
actively seeking employment).
(2)
Regulations may make provision for reduction of the amount of a joint-
claim jobseeker’s allowance if one of the claimants—
(a)
was previously entitled to a jobseeker’s allowance other than a
joint-claim jobseeker’s allowance, and
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(b)
ceased to be so entitled by failing to comply with the condition
in section 1(2)(a) or (c).
(3)
Regulations may make provision for reduction of the amount of an
award of joint-claim jobseeker’s allowance if—
(a)
the couple were previously entitled to a joint-claim jobseeker’s
30
allowance but ceased to be so entitled by either or both of them
failing to comply with the condition in section 1(2)(a) or (c), or
(b)
either member of the couple was a member of another couple
previously entitled to such an allowance and that couple ceased
to be so entitled by that person failing to comply with the
35
condition in section 1(2)(a) or (c).
(4)
Regulations are to provide for—
(a)
the amount of a reduction under this section;
(b)
the period for which such a reduction has effect.
(5)
The period referred to in subsection (4)(b) must not include any period
40
after the end of the period of 13 weeks beginning with the day on which
the claimant’s previous entitlement ceased.
(6)
Regulations under subsection (4)(b) may in particular provide for the
period of a reduction to depend on either or both of the following—
(a)
the number of occasions on which a claimant’s entitlement has
45
ceased as specified in subsection (1), (2) or (3);
(b)
the period between such occasions.

Welfare Reform Bill
Part 2 — Working-age benefits
Chapter 1 — Jobseeker’s allowance
27

(7)
Regulations may provide for a reduction under this section made in
relation to an award that is terminated to be applied to any new award
made within a prescribed period of the termination.
(8)
During any period for which the amount of a joint-claim jobseeker’s
allowance is reduced under this section by virtue of a failure by one of
5
the claimants to comply with the condition in section 1(2)(a) or (c), the
allowance is payable to the other member of the couple.
19C
Hardship payments
(1)
Regulations may make provision for the making of payments
(“hardship payments”) by way of a jobseeker’s allowance to a claimant
10
where—
(a)
the amount of the claimant’s award is reduced under sections
19 to 19B, and
(b)
the claimant is or will be in hardship.
(2)
Regulations under this section may in particular make provision as
15
to—
(a)
circumstances in which a claimant is to be treated as being or
not being in hardship;
(b)
matters to be taken into account in determining whether a
claimant is or will be in hardship;
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(c)
requirements or conditions to be met by a claimant in order to
receive hardship payments;
(d)
the amount or rate of hardship payments;
(e)
the period for which hardship payments may be made;
(f)
whether hardship payments are recoverable.”
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(2)
In Schedule 1 to that Act—
(a)
in the heading preceding paragraph 14B for “or just cause” there is
substituted “reason”;
(b)
before paragraph 14B, there is inserted—
“14AA
For any purpose of this Act regulations may provide for—
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(a)
circumstances in which a person is to be treated as
having or not having a good reason for an act or
omission;
(b)
matters which are or are not to be taken into account
in determining whether a person has a good reason
35
for an act or omission.”;
(c)
in paragraph 14B, in sub-paragraph (1)—
(i)
for “this Act” there is substituted “paragraph 14AA”;
(ii)
for “good cause or just cause” there is substituted “a good
reason”.
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(3)
In Schedule 3 to the Social Security Act 1998 (decisions against which an appeal
lies), in paragraph 3, paragraphs (d) and (da) are repealed.
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Procedure for regulation-making powers
In section 37 of the Jobseekers Act 1995 (Parliamentary control), in subsection
(1)(c) (regulations subject to affirmative procedure), “6, 7,” is repealed.
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