Welfare Reform Bill

Session 2010 - 11
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Welfare Reform Bill

Welfare Reform Bill
Part 2 — Working-age benefits
Chapter 2 — Employment and support allowance
39

11A
Claimant commitment
(1)
A claimant commitment is a record of the responsibilities of a person
entitled to an employment and support allowance in relation to the
award of the allowance.
(2)
A claimant commitment is to be prepared by the Secretary of State and
5
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.
(4)
A claimant commitment is to include—
(a)
a record of the requirements that the person must comply with
10
under this Part (or such of them as the Secretary of State
considers it appropriate to include),
(b)
any prescribed information, and
(c)
any other information the Secretary of State considers it
appropriate to include.
15
(5)
For the purposes of this Part a person 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.
11B
Work-focused interview requirement
(1)
In this Part a “work-focused interview requirement” is a requirement
20
that a person participate in one or more work-focused interviews as
specified by the Secretary of State.
(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
25
particular that of making it more likely in the opinion of the Secretary
of State that the person will obtain paid work (or more paid work or
better-paid work).
(4)
The Secretary of State may specify how, when and where a work-
focused interview is to take place.
30
11C
Work preparation requirement
(1)
In this Part a “work preparation requirement” is a requirement that a
person 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 person will obtain paid work (or more paid work or better-paid
35
work).
(2)
The Secretary of State may under subsection (1) specify the time to be
devoted to any particular action.
(3)
Action which may be specified under subsection (1) includes in
particular—
40
(a)
attending a skills assessment;
(b)
improving personal presentation;
(c)
participating in training;
(d)
participating in an employment programme;

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Part 2 — Working-age benefits
Chapter 2 — Employment and support allowance
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(e)
undertaking work experience or a work placement;
(f)
developing a business plan;
(g)
any action prescribed for the purpose in subsection (1).
(4)
The action which may be specified under subsection (1) includes taking
part in a work-focused health-related assessment.
5
(5)
In subsection (4) “work-focused health-related assessment” means an
assessment by a health care professional approved by the Secretary of
State which is carried out for the purpose of assessing—
(a)
the extent to which the person’s capability for work may be
improved by taking steps in relation to their physical or mental
10
condition, and
(b)
such other matters relating to their physical or mental condition
and the likelihood of their obtaining or remaining in work or
being able to do so as may be prescribed.
(6)
In subsection (5) “health care professional” means—
15
(a)
a registered medical practitioner,
(b)
a registered nurse,
(c)
an occupational therapist or physiotherapist registered with a
regulatory body established by an Order in Council under
section 60 of the Health Act 1999, or
20
(d)
a member of such other profession regulated by a body
mentioned in section 25(3) of the National Health Service
Reform and Health Care Professions Act 2002 as may be
prescribed.
11D
Persons subject to no work-related requirements
25
(1)
The Secretary of State may not impose any work-related requirement
on a person falling within this section.
(2)
A person falls within this section if—
(a)
the person has limited capability for work and work-related
activity,
30
(b)
the person has regular and substantial caring responsibilities
for a severely disabled person,
(c)
the person is a single person responsible for a child under the
age of 1,
(d)
the person is of a prescribed description.
35
(3)
Where a person falls within this section, any work-related requirement
previously applying to the person ceases to have effect.
(4)
In this section—
“regular and substantial caring responsibilities” has such meaning
as may be prescribed;
40
“severely disabled” has such meaning as may be prescribed.
11E
Persons subject to work-focused interview requirement only
(1)
A person falls within this section if—
(a)
the person is a single person responsible for a child who is aged
at least 1 and is under a prescribed age (which may not be less
45
than 3), or

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Part 2 — Working-age benefits
Chapter 2 — Employment and support allowance
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(b)
the person is of a prescribed description.
(2)
The Secretary of State may, subject to this Part, impose a work-focused
interview requirement on a person entitled to an employment and
support allowance who falls within this section.
(3)
The Secretary of State may not impose a work preparation requirement
5
on a person falling within this section (and, where a person falls within
this section, a work preparation requirement previously applying to
the person ceases to have effect).
11F
Persons subject to work preparation and work-focused interview
requirement
10
(1)
A person who does not fall within section 11D or 11E falls within this
section.
(2)
The Secretary of State may, subject to this Part, impose a work
preparation requirement or work-focused interview requirement on a
person entitled to an employment and support allowance who falls
15
within this section.
11G
Connected requirements
(1)
The Secretary of State may require a person entitled to an employment
and support allowance to participate in an interview for any purpose
relating to—
20
(a)
the imposition of a work-related requirement on the person;
(b)
verifying the person’s compliance with a work-related
requirement;
(c)
assisting the person to comply with a work-related
requirement.
25
(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 a person’s
compliance with a work-related requirement, require the person to—
(a)
provide to the Secretary of State information and evidence
30
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 person to report to the Secretary of
State any specified changes in their circumstances which are relevant
to—
35
(a)
the imposition of work-related requirements on the person;
(b)
the person’s compliance with a work-related requirement.
11H
Imposition of requirements
(1)
Regulations may make provision—
(a)
where the Secretary of State may impose a requirement under
40
this Part, as to when the requirement must or must not be
imposed;
(b)
where the Secretary of State may specify any action to be taken
in relation to a requirement under this Part, as to what action
must or must not be specified;
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Part 2 — Working-age benefits
Chapter 2 — Employment and support allowance
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(c)
where the Secretary of State may specify any other matter in
relation to a requirement under this Part, as to what must or
must not be 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 11C(1), the
5
Secretary of State must have regard to such matters as may be
prescribed.
(3)
Where the Secretary of State may impose a requirement under this Part,
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
10
specified.
(4)
Notification of a requirement imposed under this Part (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.
15
(5)
Regulations must make provision to secure that, in prescribed
circumstances, where a person has recently been a victim of domestic
violence—
(a)
a requirement imposed on that person under this Part ceases to
have effect for a period of 13 weeks, and
20
(b)
the Secretary of State may not impose any other requirement on
that person during that period.
(6)
For the purposes of subsection (5)—
(a)
“domestic violence” has such meaning as may be prescribed;
(b)
“victim of domestic violence” means a person on or against
25
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
of domestic violence);
(c)
a person has recently been a victim of domestic violence if a
30
prescribed period has not expired since the violence was
inflicted or threatened.
11I
Compliance with requirements
Regulations may make provision as to circumstances in which a person
is to be treated as having—
35
(a)
complied with or not complied with any requirement imposed
under this Part or any aspect of such a requirement, or
(b)
taken or not taken any particular action specified by the
Secretary of State in relation to such a requirement.
11J
Sanctions
40
(1)
The amount of an award of an employment and support allowance is
to be reduced in accordance with this section in the event of a failure by
a person which is sanctionable under this section.
(2)
It is a failure sanctionable under this section if a person—
(a)
fails for no good reason to comply with a work-related
45
requirement;

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Part 2 — Working-age benefits
Chapter 2 — Employment and support allowance
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(b)
fails for no good reason to comply with a requirement under
section 11G.
(3)
Regulations are to specify—
(a)
the amount of a reduction under this section, and
(b)
the period for which such a reduction has effect.
5
(4)
Regulations under subsection (3)(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 person meets a compliance
condition specified by the Secretary of State,
(b)
a fixed period not exceeding 26 weeks which is—
10
(i)
specified in the regulations, or
(ii)
determined in any case by the Secretary of State, or
(c)
a combination of both.
(5)
In subsection (4)(a) “compliance condition” means—
(a)
a condition that the failure ceases, or
15
(b)
a condition relating to future compliance with a work-related
requirement or a requirement under section 11G.
(6)
A compliance condition specified under subsection (4)(a) may be—
(a)
revoked or varied by the Secretary of State;
(b)
notified to the person in such manner as the Secretary of State
20
may determine.
(7)
A period fixed under subsection (4)(b) may in particular depend on
either or both the following—
(a)
the number of failures by the person sanctionable under this
section;
25
(b)
the period between such failures.
(8)
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
30
a prescribed period of the termination;
(c)
for the termination or suspension of a reduction under this
section.
11K
Delegation and contracting out
(1)
The functions of the Secretary of State under sections 11 to 11I may be
35
exercised by, or by the employees of, such person as the Secretary of
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;
40
(b)
generally or in particular cases or areas;
(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;
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Chapter 2 — Employment and support allowance
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(c)
does not prevent the Secretary of State or another person from
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
5
for all purposes as done or omitted to be done by or in relation to the
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
10
authorised person and the Secretary of State as relates to the
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).
15
(6)
Where—
(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,
20

the authorised person is entitled to treat the contract as repudiated by
the Secretary of State (and not as frustrated by reason of the
revocation).”
(3)
In section 19 (pilot schemes), in subsection (3), for the words from
“ascertaining” to the end there is substituted “testing the extent to which the
25
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-
paid work).”
(4)
In section 24 (interpretation), in subsection (1)—
30
(a)
at the appropriate places there is inserted—
““child” means a person under the age of 16;”;
““single person” means an individual who is not a member of a
couple (within the meaning of Part 1 of the Welfare Reform Act
2011);”;
35
““work” has such meaning as may be prescribed;”;
““work-focused interview requirement” has the meaning given by
section 11B;”;
““work preparation requirement” has the meaning given by
section 11C;”;
40
““work-related requirement” has the meaning given by section
11;”.
(b)
for the definition of “work-related activity” there is substituted—
““work-related activity”, in relation to a person, means
activity which makes it more likely that the person will
45
obtain or remain in work or be able to do so;”.
(5)
In section 25 (regulations), in subsection (6), for “to 15” there is substituted “to
11J”.

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Part 2 — Working-age benefits
Chapter 3 — Income support
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(6)
In Schedule 2 (supplementary)—
(a)
in the heading preceding paragraph 10A, for “cause” there is
substituted “reason”;
(b)
before paragraph 10A there is inserted—
“10ZA
Regulations may for any purpose of this Part provide for—
5
(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
10
for an act or omission.”;
(c)
in paragraph 10A (good cause), in sub-paragraph (1)—
(i)
for “section 11, 12 or 13” there is substituted “paragraph 10ZA”;
(ii)
for “good cause” there is substituted “a good reason”.
(7)
In that Schedule, after paragraph 10A there is inserted—
15
“Responsibility for children
10B
Regulations may for any purpose of this Part specify circumstances
in which a person is or is not responsible for a child.”
(8)
In that Schedule, in paragraph 13 (information), for “13” there is substituted
“11K”.
20
Chapter 3
Income support
57
Entitlement of lone parents to income support etc
(1)
The Welfare Reform Act 2009 is amended as follows.
(2)
In section 3(1), in paragraph (b) of subsection (1A) to be inserted into section
25
124 of the Social Security Contributions and Benefits Act 1992 (lone parents
with a child under 7 to be included in regulations as a category of person
entitled to income support), for “7” there is substituted “5”.
(3)
In section 8 (parliamentary procedure for regulations imposing a requirement
on lone parents with a child under 7 to undertake work-related activity), in the
30
heading and in subsection (1), for “7” there is substituted “5”.
58
Claimant commitment for income support
(1)
The Social Security Contributions and Benefits Act 1992 is amended as follows.
(2)
Section 124 (income support) is amended as follows—
(a)
in subsection (1), after paragraph (e) there is inserted—
35
“(ea)
he has accepted a claimant commitment;”;
(b)
after subsection (1B) there is inserted—
“(1C)
Regulations may prescribe circumstances in which a person
may be entitled to income support without having accepted a
claimant commitment.”
40