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48 | Consequential amendments |
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Schedule 7 contains consequential amendments relating to sections 44 to 46. |
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Claimant responsibilities after introduction of universal credit |
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49 | Claimant responsibilities for jobseeker’s allowance |
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(1) | The Jobseekers Act 1995 is amended as follows. |
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(2) | In section 1(2) (conditions of entitlement), paragraphs (a) and (c) are repealed. |
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(3) | For sections 6 to 10 (and the italic heading preceding section 6) there is |
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“Work-related requirements |
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6 | Work-related requirements |
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(1) | The following provisions of this Act provide for the Secretary of State |
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to impose work-related requirements with which claimants must |
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comply for the purposes of this Act. |
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(2) | In this Act “work-related requirement” means— |
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(a) | a work-focused interview requirement (see section 6B); |
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(b) | a work preparation requirement (see section 6C); |
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(c) | a work search requirement (see section 6D); |
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(d) | a work availability requirement (see section 6E). |
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(1) | A claimant commitment is a record of a claimant’s responsibilities in |
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relation to an award of a jobseeker’s allowance. |
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(2) | A claimant commitment is to be prepared by the Secretary of State and |
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may be reviewed and updated as the Secretary of State thinks fit. |
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(3) | A claimant commitment is to be in such form as the Secretary of State |
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(4) | A claimant commitment is to include— |
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(a) | a record of the requirements that the claimant must comply |
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with under this Act (or such of them as the Secretary of State |
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considers it appropriate to include), |
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(b) | any prescribed information, and |
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(c) | any other information the Secretary of State considers it |
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(5) | For the purposes of this Act a claimant accepts a claimant commitment |
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if, and only if, the claimant accepts the most up-to-date version of it in |
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such manner as may be prescribed. |
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6B | Work-focused interview requirement |
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(1) | In this Act a “work-focused interview requirement” is a requirement |
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that a claimant participate in one or more work-focused interviews as |
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specified by the Secretary of State. |
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(2) | A work-focused interview is an interview for prescribed purposes |
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relating to work or work preparation. |
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(3) | The purposes which may be prescribed under subsection (2) include in |
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particular that of making it more likely in the opinion of the Secretary |
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of State that the claimant will obtain paid work (or more paid work or |
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(4) | The Secretary of State may specify how, when and where a work- |
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focused interview is to take place. |
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6C | Work preparation requirement |
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(1) | In this Act a “work preparation requirement” is a requirement that a |
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claimant take particular action specified by the Secretary of State for the |
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purpose of making it more likely in the opinion of the Secretary of State |
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that the claimant will obtain paid work (or more paid work or better- |
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(2) | The Secretary of State may under subsection (1) specify the time to be |
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devoted to any particular action. |
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(3) | Action which may be specified under subsection (1) includes in |
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(a) | attending a skills assessment; |
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(b) | improving personal presentation; |
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(c) | participating in training; |
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(d) | participating in an employment programme; |
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(e) | undertaking work experience or a work placement; |
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(f) | developing a business plan; |
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(g) | any action prescribed for the purpose in subsection (1). |
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6D | Work search requirement |
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(1) | In this Part a “work search requirement” is a requirement that a |
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(a) | take all reasonable action, and |
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(b) | any particular action specified by the Secretary of State, |
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| for the purpose of obtaining paid work (or more paid work or better- |
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(2) | The Secretary of State may under subsection (1)(b) specify the time to |
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be devoted to any particular action. |
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(3) | Action which may be specified under subsection (1)(b) includes in |
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(a) | carrying out work searches; |
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(c) | creating and maintaining an online profile; |
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(d) | registering with an employment agency; |
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(f) | any other action prescribed for the purpose in subsection (1). |
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(4) | Regulations may impose limitations on a work search requirement by |
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reference to the work to which it relates; and the Secretary of State may |
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in any particular case specify further such limitations on such a |
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(5) | A limitation under subsection (4) may in particular be by reference to— |
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(a) | work of a particular nature, |
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(b) | work with a particular level of remuneration, |
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(c) | work in particular locations, or |
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(d) | work available for a certain number of hours per week or at |
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| and may be indefinite or for a particular period. |
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6E | Work availability requirement |
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(1) | In this Act a “work availability requirement” is a requirement that a |
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claimant be available for work. |
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(2) | For the purposes of this section “available for work” means able and |
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willing immediately to take up paid work (or more paid work or better- |
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(3) | Regulations may impose limitations on a work availability requirement |
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by reference to the work to which it relates; and the Secretary of State |
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may in any particular case specify further such limitations on such a |
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(4) | A limitation under subsection (3) may in particular be by reference to— |
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(a) | work of a particular nature, |
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(b) | work with a particular level of remuneration, |
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(c) | work in particular locations, or |
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(d) | work available for a certain number of hours per week or at |
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| and may be indefinite or for a particular period. |
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(5) | Regulations may for the purposes of subsection (2) define what is |
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meant by able and willing immediately to take up work. |
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6F | Imposition of work-related requirements |
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(1) | The Secretary of State must, except in prescribed circumstances, impose |
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(a) | a work search requirement, and |
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(b) | a work availability requirement. |
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(2) | The Secretary of State may, subject to this Act, impose either or both of |
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the following on a claimant— |
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(a) | a work-focused interview requirement; |
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(b) | a work preparation requirement. |
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6G | Connected requirements |
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(1) | The Secretary of State may require a claimant to participate in an |
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interview for any purpose relating to— |
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(a) | the imposition of a work-related requirement on the claimant; |
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(b) | verifying the claimant’s compliance with a work-related |
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(c) | assisting the claimant to comply with a work-related |
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(2) | The Secretary of State may specify how, when and where such an |
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interview is to take place. |
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(3) | The Secretary of State may, for the purpose of verifying the claimant’s |
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compliance with a work-related requirement, require a claimant to— |
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(a) | provide to the Secretary of State information and evidence |
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specified by the Secretary of State in a manner so specified; |
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(b) | confirm compliance in a manner so specified. |
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(4) | The Secretary of State may require a claimant to report to the Secretary |
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of State any specified changes in their circumstances which are relevant |
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(a) | the imposition of work-related requirements on the claimant; |
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(b) | the claimant’s compliance with a work-related requirement. |
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6H | Imposition of work-related and connected requirements: |
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(1) | Regulations may make provision— |
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(a) | where the Secretary of State may impose a requirement under |
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the preceding provisions of this Act, as to when the requirement |
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must or must not be imposed; |
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(b) | where the Secretary of State may specify any action to be taken |
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in relation to a requirement under the preceding provisions of |
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this Act, as to what action must or must not be specified; |
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(c) | where the Secretary of State may specify any other matter in |
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relation to a such requirement, as to what must or must not be |
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specified in respect of that matter. |
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(2) | Where the Secretary of State may impose a work-focused interview |
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requirement, or specify a particular action under section 6C(1) or |
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6D(1)(b), the Secretary of State must have regard to such matters as may |
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(3) | Where the Secretary of State may impose a requirement under the |
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preceding provisions of this Act, or specify any action to be taken in |
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relation to such a requirement, the Secretary of State may revoke or |
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change what has been imposed or specified. |
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(4) | Notification of a requirement imposed under the preceding provisions |
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of this Act (or any change to or revocation of such a requirement) is, if |
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not included in the claimant commitment, to be in such manner as the |
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Secretary of State may determine. |
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(5) | Regulations must make provision to secure that, in prescribed |
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circumstances, where a claimant has recently been a victim of domestic |
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(a) | a requirement imposed on the claimant under the preceding |
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provisions of this Act ceases to have effect for a period of 13 |
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(b) | the Secretary of State may not impose any other requirement on |
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the claimant during that period. |
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(6) | For the purposes of subsection (5)— |
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(a) | “domestic violence” has such meaning as may be prescribed; |
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(b) | “victim of domestic violence” means a person on or against |
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whom domestic violence is inflicted or threatened (and |
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regulations under subsection (5) may prescribe circumstances |
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in which a person is to be treated as being or not being a victim |
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(c) | a person has recently been a victim of domestic violence if a |
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prescribed period has not expired since the violence was |
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6I | Compliance with work-related and connected requirements |
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Regulations may make provision as to circumstances in which a |
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claimant is to be treated as having— |
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(a) | complied with or not complied with any requirement imposed |
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under the preceding provisions of this Act or any aspect of such |
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(b) | taken or not taken any particular action specified by the |
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Secretary of State in relation to such a requirement. |
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6J | Higher-level sanctions |
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(1) | The amount of an award of jobseeker’s allowance is to be reduced in |
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accordance with this section in the event of a failure by a claimant |
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which is sanctionable under this section. |
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(2) | It is a failure sanctionable under this section if a claimant— |
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(a) | fails for no good reason to comply with a requirement imposed |
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by the Secretary of State under a work preparation requirement |
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to undertake a work placement of a prescribed description; |
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(b) | fails for no good reason to comply with a requirement imposed |
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by the Secretary of State under a work search requirement to |
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apply for a particular vacancy for paid work; |
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(c) | fails for no good reason to comply with a work availability |
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requirement by not taking up an offer of paid work; |
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(d) | by reason of misconduct, or voluntarily and for no good reason, |
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ceases paid work or loses pay. |
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(3) | It is a failure sanctionable under this section if, at any time before |
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making the claim by reference to which the award is made, the |
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(a) | for no good reason failed to take up an offer of paid work, or |
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(b) | by reason of misconduct, or voluntarily and for no good reason, |
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ceased paid work or lost pay. |
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(4) | For the purposes of subsections (2) and (3) regulations may provide— |
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(a) | for circumstances in which ceasing to work or losing pay is to |
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be treated as occurring or not occurring by reason of |
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misconduct or voluntarily; |
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(b) | for loss of pay below a prescribed level to be disregarded. |
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(5) | Regulations are to specify— |
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(a) | the amount of a reduction under this section; |
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(b) | the period for which such a reduction has effect, not exceeding |
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three years in relation to any failure sanctionable under this |
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(6) | Regulations under subsection (5)(b) may in particular provide for the |
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period of a reduction to depend on either or both of the following— |
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(a) | the number of failures by the claimant sanctionable under this |
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(b) | the period between such failures. |
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(7) | Regulations may provide— |
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(a) | for cases in which no reduction is to be made under this section; |
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(b) | for a reduction under this section made in relation to an award |
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that is terminated to be applied to any new award made within |
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a prescribed period of the termination. |
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(c) | for the termination or suspension of a reduction under this |
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(1) | The amount of an award of a jobseeker’s allowance is to be reduced in |
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accordance with this section in the event of a failure by a claimant |
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which is sanctionable under this section. |
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(2) | It is a failure sanctionable under this section if a claimant— |
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(a) | fails for no good reason to comply with a work-related |
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(b) | fails for no good reason to comply with a requirement under |
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(3) | But a failure by a claimant is not sanctionable under this section if it is |
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also a failure sanctionable under section 6J. |
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(4) | Regulations must specify— |
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(a) | the amount of a reduction under this section, and |
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(b) | the period for which such a reduction has effect. |
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(5) | Regulations under subsection (4)(b) may provide that a reduction |
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under this section in relation to any failure is to have effect for— |
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(a) | a period continuing until the claimant meets a compliance |
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condition specified by the Secretary of State, |
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(b) | a fixed period not exceeding 26 weeks which is— |
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(i) | specified in the regulations, or |
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(ii) | determined in any case by the Secretary of State, or |
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(c) | a combination of both. |
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(6) | In subsection (5)(a) “compliance condition” means— |
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(a) | a condition that the failure ceases, or |
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(b) | a condition relating to future compliance with a work-related |
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requirement or a requirement under section 6G. |
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(7) | A compliance condition specified under subsection (5)(a) may be— |
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(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 |
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(8) | A period fixed under subsection (5)(b) may in particular depend on |
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either or both the following— |
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(a) | the number of failures by the claimant sanctionable under this |
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(b) | the period between such failures. |
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(9) | Regulations may provide— |
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(a) | for cases in which no reduction is to be made under this section; |
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(b) | for a reduction under this section made in relation to an award |
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that is terminated to be applied to any new award made within |
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a prescribed period of the termination; |
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(c) | for the termination or suspension of a reduction under this |
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6L | Delegation and contracting out |
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(1) | The functions of the Secretary of State under sections 6 to 6I may be |
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exercised by, or by the employees of, such person as the Secretary of |
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State may authorise for the purpose (an “authorised person”). |
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(2) | An authorisation given by virtue of this section may authorise the |
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(a) | wholly or to a limited extent; |
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(b) | generally or in particular cases or areas; |
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(c) | unconditionally or subject to conditions. |
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(3) | An authorisation under this section— |
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(a) | may specify its duration; |
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(b) | may be varied or revoked at any time by the Secretary of State; |
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(c) | does not prevent the Secretary of State or another person from |
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exercising the function to which the authorisation relates. |
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(4) | Anything done or omitted to be done by or in relation to an authorised |
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person (or an employee of that person) in, or in connection with, the |
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exercise or purported exercise of the function concerned is to be treated |
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for all purposes as done or omitted to be done by or in relation to the |
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Secretary of State or (as the case may be) an officer of the Secretary of |
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(5) | Subsection (4) does not apply— |
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(a) | for the purposes of so much of any contract made between the |
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authorised person and the Secretary of State as relates to the |
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exercise of the function, and |
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(b) | for the purposes of any criminal proceedings brought in respect |
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of anything done or omitted to be done by the authorised |
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person (or an employee of that person). |
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(a) | the authorisation of an authorised person is revoked, and |
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(b) | at the time of the revocation so much of any contract made |
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between the authorised person and the Secretary of State as |
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relates to the exercise of the function is subsisting, |
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| the authorised person is entitled to treat the contract as repudiated by |
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the Secretary of State (and not as frustrated by reason of the |
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