Welfare Reform Bill

Session 2010 - 11
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Welfare Reform Bill

Welfare Reform Bill
Part 2 — Working-age benefits
Chapter 1 — Jobseeker’s allowance
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48
Consequential amendments
Schedule 7 contains consequential amendments relating to sections 44 to 46.
Claimant responsibilities after introduction of universal credit
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Claimant responsibilities for jobseeker’s allowance
(1)
The Jobseekers Act 1995 is amended as follows.
5
(2)
In section 1(2) (conditions of entitlement), paragraphs (a) and (c) are repealed.
(3)
For sections 6 to 10 (and the italic heading preceding section 6) there is
substituted—
“Work-related requirements
6
Work-related requirements
10
(1)
The following provisions of this Act provide for the Secretary of State
to impose work-related requirements with which claimants must
comply for the purposes of this Act.
(2)
In this Act “work-related requirement” means—
(a)
a work-focused interview requirement (see section 6B);
15
(b)
a work preparation requirement (see section 6C);
(c)
a work search requirement (see section 6D);
(d)
a work availability requirement (see section 6E).
6A
Claimant commitment
(1)
A claimant commitment is a record of a claimant’s responsibilities in
20
relation to an award of a jobseeker’s allowance.
(2)
A claimant commitment is to be prepared by the Secretary of State and
may be reviewed and updated as the Secretary of State thinks fit.
(3)
A claimant commitment is to be in such form as the Secretary of State
thinks fit.
25
(4)
A claimant commitment is to include—
(a)
a record of the requirements that the claimant must comply
with under this Act (or such of them as the Secretary of State
considers it appropriate to include),
(b)
any prescribed information, and
30
(c)
any other information the Secretary of State considers it
appropriate to include.
(5)
For the purposes of this Act a claimant accepts a claimant commitment
if, and only if, the claimant accepts the most up-to-date version of it in
such manner as may be prescribed.
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6B
Work-focused interview requirement
(1)
In this Act a “work-focused interview requirement” is a requirement
that a claimant participate in one or more work-focused interviews as
specified by the Secretary of State.

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Chapter 1 — Jobseeker’s allowance
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(2)
A work-focused interview is an interview for prescribed purposes
relating to work or work preparation.
(3)
The purposes which may be prescribed under subsection (2) include in
particular that of making it more likely in the opinion of the Secretary
of State that the claimant will obtain paid work (or more paid work or
5
better-paid work).
(4)
The Secretary of State may specify how, when and where a work-
focused interview is to take place.
6C
Work preparation requirement
(1)
In this Act a “work preparation requirement” is a requirement that a
10
claimant take particular action specified by the Secretary of State for the
purpose of making it more likely in the opinion of the Secretary of State
that the claimant will obtain paid work (or more paid work or better-
paid work).
(2)
The Secretary of State may under subsection (1) specify the time to be
15
devoted to any particular action.
(3)
Action which may be specified under subsection (1) includes in
particular—
(a)
attending a skills assessment;
(b)
improving personal presentation;
20
(c)
participating in training;
(d)
participating in an employment programme;
(e)
undertaking work experience or a work placement;
(f)
developing a business plan;
(g)
any action prescribed for the purpose in subsection (1).
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6D
Work search requirement
(1)
In this Part a “work search requirement” is a requirement that a
claimant—
(a)
take all reasonable action, and
(b)
any particular action specified by the Secretary of State,
30

for the purpose of obtaining paid work (or more paid work or better-
paid work).
(2)
The Secretary of State may under subsection (1)(b) specify the time to
be devoted to any particular action.
(3)
Action which may be specified under subsection (1)(b) includes in
35
particular—
(a)
carrying out work searches;
(b)
making applications;
(c)
creating and maintaining an online profile;
(d)
registering with an employment agency;
40
(e)
seeking references;
(f)
any other action prescribed for the purpose in subsection (1).
(4)
Regulations may impose limitations on a work search requirement by
reference to the work to which it relates; and the Secretary of State may

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Part 2 — Working-age benefits
Chapter 1 — Jobseeker’s allowance
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in any particular case specify further such limitations on such a
requirement.
(5)
A limitation under subsection (4) may in particular be by reference to—
(a)
work of a particular nature,
(b)
work with a particular level of remuneration,
5
(c)
work in particular locations, or
(d)
work available for a certain number of hours per week or at
particular times,

and may be indefinite or for a particular period.
6E
Work availability requirement
10
(1)
In this Act a “work availability requirement” is a requirement that a
claimant be available for work.
(2)
For the purposes of this section “available for work” means able and
willing immediately to take up paid work (or more paid work or better-
paid work).
15
(3)
Regulations may impose limitations on a work availability requirement
by reference to the work to which it relates; and the Secretary of State
may in any particular case specify further such limitations on such a
requirement.
(4)
A limitation under subsection (3) may in particular be by reference to—
20
(a)
work of a particular nature,
(b)
work with a particular level of remuneration,
(c)
work in particular locations, or
(d)
work available for a certain number of hours per week or at
particular times,
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and may be indefinite or for a particular period.
(5)
Regulations may for the purposes of subsection (2) define what is
meant by able and willing immediately to take up work.
6F
Imposition of work-related requirements
(1)
The Secretary of State must, except in prescribed circumstances, impose
30
on a claimant—
(a)
a work search requirement, and
(b)
a work availability requirement.
(2)
The Secretary of State may, subject to this Act, impose either or both of
the following on a claimant—
35
(a)
a work-focused interview requirement;
(b)
a work preparation requirement.
6G
Connected requirements
(1)
The Secretary of State may require a claimant to participate in an
interview for any purpose relating to—
40
(a)
the imposition of a work-related requirement on the claimant;
(b)
verifying the claimant’s compliance with a work-related
requirement;

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Chapter 1 — Jobseeker’s allowance
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(c)
assisting the claimant to comply with a work-related
requirement.
(2)
The Secretary of State may specify how, when and where such an
interview is to take place.
(3)
The Secretary of State may, for the purpose of verifying the claimant’s
5
compliance with a work-related requirement, require a claimant to—
(a)
provide to the Secretary of State information and evidence
specified by the Secretary of State in a manner so specified;
(b)
confirm compliance in a manner so specified.
(4)
The Secretary of State may require a claimant to report to the Secretary
10
of State any specified changes in their circumstances which are relevant
to—
(a)
the imposition of work-related requirements on the claimant;
(b)
the claimant’s compliance with a work-related requirement.
6H
Imposition of work-related and connected requirements:
15
supplementary
(1)
Regulations may make provision—
(a)
where the Secretary of State may impose a requirement under
the preceding provisions of this Act, as to when the requirement
must or must not be imposed;
20
(b)
where the Secretary of State may specify any action to be taken
in relation to a requirement under the preceding provisions of
this Act, as to what action must or must not be specified;
(c)
where the Secretary of State may specify any other matter in
relation to a such requirement, as to what must or must not be
25
specified in respect of that matter.
(2)
Where the Secretary of State may impose a work-focused interview
requirement, or specify a particular action under section 6C(1) or
6D(1)(b), the Secretary of State must have regard to such matters as may
be prescribed.
30
(3)
Where the Secretary of State may impose a requirement under the
preceding provisions of this Act, or specify any action to be taken in
relation to such a requirement, the Secretary of State may revoke or
change what has been imposed or specified.
(4)
Notification of a requirement imposed under the preceding provisions
35
of this Act (or any change to or revocation of such a requirement) is, if
not included in the claimant commitment, to be in such manner as the
Secretary of State may determine.
(5)
Regulations must make provision to secure that, in prescribed
circumstances, where a claimant has recently been a victim of domestic
40
violence—
(a)
a requirement imposed on the claimant under the preceding
provisions of this Act ceases to have effect for a period of 13
weeks, and
(b)
the Secretary of State may not impose any other requirement on
45
the claimant during that period.
(6)
For the purposes of subsection (5)—

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Chapter 1 — Jobseeker’s allowance
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(a)
“domestic violence” has such meaning as may be prescribed;
(b)
“victim of domestic violence” means a person on or against
whom domestic violence is inflicted or threatened (and
regulations under subsection (5) may prescribe circumstances
in which a person is to be treated as being or not being a victim
5
of domestic violence);
(c)
a person has recently been a victim of domestic violence if a
prescribed period has not expired since the violence was
inflicted or threatened.
6I
Compliance with work-related and connected requirements
10
Regulations may make provision as to circumstances in which a
claimant is to be treated as having—
(a)
complied with or not complied with any requirement imposed
under the preceding provisions of this Act or any aspect of such
a requirement, or
15
(b)
taken or not taken any particular action specified by the
Secretary of State in relation to such a requirement.
6J
Higher-level sanctions
(1)
The amount of an award of jobseeker’s allowance is to be reduced in
accordance with this section in the event of a failure by a claimant
20
which is sanctionable under this section.
(2)
It is a failure sanctionable under this section if a claimant—
(a)
fails for no good reason to comply with a requirement imposed
by the Secretary of State under a work preparation requirement
to undertake a work placement of a prescribed description;
25
(b)
fails for no good reason to comply with a requirement imposed
by the Secretary of State under a work search requirement to
apply for a particular vacancy for paid work;
(c)
fails for no good reason to comply with a work availability
requirement by not taking up an offer of paid work;
30
(d)
by reason of misconduct, or voluntarily and for no good reason,
ceases paid work or loses pay.
(3)
It is a failure sanctionable under this section if, at any time before
making the claim by reference to which the award is made, the
claimant—
35
(a)
for no good reason failed to take up an offer of paid work, or
(b)
by reason of misconduct, or voluntarily and for no good reason,
ceased paid work or lost pay.
(4)
For the purposes of subsections (2) and (3) regulations may provide—
(a)
for circumstances in which ceasing to work or losing pay is to
40
be treated as occurring or not occurring by reason of
misconduct or voluntarily;
(b)
for loss of pay below a prescribed level to be disregarded.
(5)
Regulations are to specify—
(a)
the amount of a reduction under this section;
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Chapter 1 — Jobseeker’s allowance
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(b)
the period for which such a reduction has effect, not exceeding
three years in relation to any failure sanctionable under this
section.
(6)
Regulations under subsection (5)(b) may in particular provide for the
period of a reduction to depend on either or both of the following—
5
(a)
the number of failures by the claimant sanctionable under this
section;
(b)
the period between such failures.
(7)
Regulations may provide—
(a)
for cases in which no reduction is to be made under this section;
10
(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.
(c)
for the termination or suspension of a reduction under this
section.
15
6K
Other 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 a claimant
which is sanctionable under this section.
(2)
It is a failure sanctionable under this section if a claimant—
20
(a)
fails for no good reason to comply with a work-related
requirement;
(b)
fails for no good reason to comply with a requirement under
section 6G.
(3)
But a failure by a claimant is not sanctionable under this section if it is
25
also a failure sanctionable under section 6J.
(4)
Regulations must specify—
(a)
the amount of a reduction under this section, and
(b)
the period for which such a reduction has effect.
(5)
Regulations under subsection (4)(b) may provide that a reduction
30
under this section in relation to any failure is to have effect for—
(a)
a period continuing until the claimant meets a compliance
condition specified by the Secretary of State,
(b)
a fixed period not exceeding 26 weeks which is—
(i)
specified in the regulations, or
35
(ii)
determined in any case by the Secretary of State, or
(c)
a combination of both.
(6)
In subsection (5)(a) “compliance condition” means—
(a)
a condition that the failure ceases, or
(b)
a condition relating to future compliance with a work-related
40
requirement or a requirement under section 6G.
(7)
A compliance condition specified under subsection (5)(a) may be—
(a)
revoked or varied by the Secretary of State;
(b)
notified to the claimant in such manner as the Secretary of State
may determine.
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Chapter 1 — Jobseeker’s allowance
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(8)
A period fixed under subsection (5)(b) may in particular depend on
either or both the following—
(a)
the number of failures by the claimant sanctionable under this
section;
(b)
the period between such failures.
5
(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
that is terminated to be applied to any new award made within
a prescribed period of the termination;
10
(c)
for the termination or suspension of a reduction under this
section.
6L
Delegation and contracting out
(1)
The functions of the Secretary of State under sections 6 to 6I may be
exercised by, or by the employees of, such person as the Secretary of
15
State may authorise for the purpose (an “authorised person”).
(2)
An authorisation given by virtue of this section may authorise the
exercise of a function—
(a)
wholly or to a limited extent;
(b)
generally or in particular cases or areas;
20
(c)
unconditionally or subject to conditions.
(3)
An authorisation under this section—
(a)
may specify its duration;
(b)
may be varied or revoked at any time by the Secretary of State;
(c)
does not prevent the Secretary of State or another person from
25
exercising the function to which the authorisation relates.
(4)
Anything done or omitted to be done by or in relation to an authorised
person (or an employee of that person) in, or in connection with, the
exercise or purported exercise of the function concerned is to be treated
for all purposes as done or omitted to be done by or in relation to the
30
Secretary of State or (as the case may be) an officer of the Secretary of
State.
(5)
Subsection (4) does not apply—
(a)
for the purposes of so much of any contract made between the
authorised person and the Secretary of State as relates to the
35
exercise of the function, and
(b)
for the purposes of any criminal proceedings brought in respect
of anything done or omitted to be done by the authorised
person (or an employee of that person).
(6)
Where—
40
(a)
the authorisation of an authorised person is revoked, and
(b)
at the time of the revocation so much of any contract made
between the authorised person and the Secretary of State as
relates to the exercise of the function is subsisting,

the authorised person is entitled to treat the contract as repudiated by
45
the Secretary of State (and not as frustrated by reason of the
revocation).”