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 2 — Employment and support allowance
35

(4)
In section 29 (pilot schemes), in subsection (8), for the words from
“ascertaining” to the end there is substituted “testing the extent to which the
provision made by the regulations is likely to promote—
(a)
people remaining in work, or
(b)
people obtaining or being able to obtain work (or more work or better-
5
paid work).”
(5)
In section 35, in subsection (1), at the appropriate places there is inserted—
““work availability requirement” has the meaning given by
section 6E;”;
““work preparation requirement” has the meaning given by
10
section 6C;”;
““work search requirement” has the meaning given by section
6D;”;
““work-focused interview requirement” has the meaning given by
section 6B;”;
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““work-related requirement” has the meaning given by section 6;”.
Chapter 2
Employment and support allowance
Conditions of entitlement
50
Dual entitlement
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(1)
In section 1 of the Welfare Reform Act 2007 (employment and support
allowance), after subsection (6) there is inserted—
“(6A)
In subsection (3)(f), in relation to a contributory allowance, the
reference to a couple entitled to a joint-claim jobseeker’s allowance
does not include a couple so entitled by virtue of regulations under
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paragraph 8A of Schedule 1 to the Jobseekers Act 1995.”
(2)
In a case where—
(a)
an award of an employment and support allowance is made to a person
in respect of any period of time before the coming into force of
subsection (1), and
30
(b)
the person was not entitled to an employment and support allowance
in relation to that period but would have been had subsection (1) been
in force in relation to that period,

subsection (1) shall be regarded as having been in force in relation to that
period.
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51
Period of entitlement to contributory allowance
(1)
After section 1 of the Welfare Reform Act 2007 there is inserted—
“1A
Duration of contributory allowance
(1)
The period for which a person is entitled to a contributory allowance
shall not exceed, in the aggregate, 365 days in any period for which his
40
entitlement is established by reference (under the second condition set
out in Part 1 of Schedule 1) to the same two tax years.

Welfare Reform Bill
Part 2 — Working-age benefits
Chapter 2 — Employment and support allowance
36

(2)
The fact that a person’s entitlement to a contributory allowance has
ceased as a result of subsection (1) does not prevent his being entitled
to a further such allowance if—
(a)
he satisfies the first and second conditions set out in Part 1 of
Schedule 1, and
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(b)
the two tax years by reference to which he satisfies the second
condition include at least one year which is later than the
second of the two years by reference to which (under the second
condition) his previous entitlement was established.
(3)
The reference to days in subsection (1)—
10
(a)
includes days occurring before, as well as after, the coming into
force of this section;
(b)
does not include days in a period in which a person is a member
of the support group.”
(2)
In Schedule 4 to that Act (transition relating to Part 1), in paragraph 7(2), at the
15
end there is inserted—
“(f)
make provision modifying the application of section 1A in
relation to awards of an employment and support allowance to
persons previously entitled to existing awards.”
52
Condition relating to youth
20
(1)
In section 1 of the Welfare Reform Act 2007 (employment and support
allowance), in subsection (2)(a), the words “or the third condition set out in that
Part of that Schedule (condition relating to youth)” are repealed.
(2)
In Schedule 1 to that Act (additional conditions), paragraph 4 and the
preceding cross-heading are repealed.
25
(3)
After the coming into force of this section no claim may be made for an
employment and support allowance by virtue of the third condition set out in
Part 1 of Schedule 1 to the Welfare Reform Act 2007 (youth).
(4)
In the case of a person who at any time after the coming into force of this
section is entitled to an employment and support allowance by virtue of that
30
condition, the period for which the person is entitled to that allowance shall not
exceed 365 days.
(5)
The reference to days in subsection (4)—
(a)
includes days occurring before, as well as after, the coming into force of
that subsection;
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(b)
does not include days in a period in which a person is a member of the
support group (within the meaning of Part 1 of the Welfare Reform Act
2007).
Claimant responsibilities for interim period
53
Claimant commitment for employment and support allowance
40
(1)
The Welfare Reform Act 2007 is amended as follows.
(2)
In section 1(3) (employment and support allowance: basic conditions) after

Welfare Reform Bill
Part 2 — Working-age benefits
Chapter 2 — Employment and support allowance
37

paragraph (a) there is inserted—
“(aa)
has accepted a claimant commitment,”.
(3)
After section 1A (as inserted by section 51 above) there is inserted—
“1B
Claimant commitment
(1)
For the purposes of this Part a “claimant commitment” is a record of the
5
claimant’s responsibilities in relation to an award of an employment
and support 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
10
thinks fit.
(4)
A claimant commitment is to include—
(a)
any prescribed information, and
(b)
any other information the Secretary of State considers it
appropriate to include.
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(5)
For the purposes of this Part 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.
(6)
Regulations may provide that, in prescribed circumstances, a claimant
is to be treated as having satisfied the condition mentioned in section
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1(3)(aa).”
(4)
In section 15(2)(b) (directions about work-related activity) for the words from
“by” to “14” there is substituted “in such manner as the Secretary of State thinks
fit”.
(5)
In section 16(1) (contracting out) before paragraph (a) there is inserted—
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“(za)
any function under section 1B in relation to a claimant
commitment;”.
(6)
In Schedule 2 (supplementary provisions) after paragraph 4 there is inserted—
“Exemption
4A
Regulations may prescribe circumstances in which a person may be
30
entitled to employment and support allowance without having
accepted a claimant commitment.”
(7)
In section 31(2) of the Welfare Reform Act 2009 (action plans: well-being of
children), in subsection (5) inserted into section 14 of the Welfare Reform Act
2007, after “preparing any” there is inserted “claimant commitment or”.
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54
Work experience etc
In section 13 of the Welfare Reform Act 2007 (work-related activity), after
subsection (7) there is inserted—
“(8)
The reference to activity in subsection (7) includes work experience or
a work placement.”
40

Welfare Reform Bill
Part 2 — Working-age benefits
Chapter 2 — Employment and support allowance
38

55
Hardship payments
(1)
In the Welfare Reform Act 2007 after section 16 there is inserted—
“16A
Hardship payments
(1)
Regulations may make provision for the making of payments
(“hardship payments”) by way of an employment and support
5
allowance to a person where—
(a)
the amount otherwise payable to the person in respect of an
employment and support allowance is reduced by virtue of
regulations under section 11(3), 12(3) or 13(3), and
(b)
the person is or will be in hardship.
10
(2)
Regulations under this section may in particular make provision as
to—
(a)
circumstances in which a person is to be treated as being or not
being in hardship;
(b)
matters to be taken into account in determining whether a
15
person is or will be in hardship;
(c)
requirements or conditions to be met by a person in order to
receive hardship payments;
(d)
the amount or rate of hardship payments;
(e)
the period for which hardship payments may be made.”
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Claimant responsibilities after introduction of universal credit
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Claimant responsibilities for employment and support allowance
(1)
The Welfare Reform Act 2007 is amended as follows.
(2)
For sections 11 to 16 (and the italic heading preceding section 11) there is
substituted—
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“Work-related requirements
11
Work-related requirements
(1)
The following provisions of this Part provide for the Secretary of State
to impose work-related requirements with which persons entitled to an
employment and support allowance must comply for the purposes of
30
this Part.
(2)
In this Part “work-related requirement” means—
(a)
a work-focused interview requirement (see section 11B);
(b)
a work preparation requirement (see section 11C).
(3)
The work-related requirements which may be imposed on a person
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depend on which of the following groups the person falls into—
(a)
persons subject to no work-related requirements (see section
11D);
(b)
persons subject to work-focused interview requirement only
(see section 11E);
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(c)
persons subject to work-focused interview and work
preparation requirements only (see section 11F).