Session 2010 - 11
Internet Publications
Other Bills before Parliament

Welfare Reform Bill


Welfare Reform Bill
Part 2 — Working-age benefits
Chapter 4 — Miscellaneous

46

 

(3)   

After section 124 there is inserted—

“124A   

Claimant commitment

(1)   

For the purposes of this Part a “claimant commitment” is a record of the

claimant’s responsibilities in relation to an award of income support.

(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)   

any prescribed information, and

10

(b)   

any other information the Secretary of State considers it

appropriate to include.

(5)   

For the purposes of section 124 and this section 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.

15

(6)   

Regulations may provide that in prescribed circumstances, a claimant

is to be treated as having satisfied the condition mentioned in section

124(1)(ea).”

(4)   

In section 2F of the Social Security Administration Act 1992 (directions about

work-related activity), in subsection (3)(b), for the words from “by” to “2E”

20

there is substituted “in such manner as the Secretary of State thinks fit”.

(5)   

In section 2G of that Act (contracting out), in subsection (1), at the end there is

inserted—

“(d)   

any function under section 124A of the Social Security

Contributions and Benefits Act 1992 in relation to a claimant

25

commitment.”

Chapter 4

Miscellaneous

Claimants dependent on drugs

59      

Claimants dependent on drugs etc

30

(1)   

Section 17C of, and Schedule A1 to, the Jobseekers Act 1995 (persons

dependent on drugs etc: jobseekers allowance) are repealed.

(2)   

Section 15A of, and Schedule 1A to, the Welfare Reform Act 2007 (persons

dependent on drugs etc: employment and support allowance) are repealed.

(3)   

In the Welfare Reform Act 2009, section 11 and Schedule 3 (which includes

35

provision for review of the provisions repealed by this section) are repealed.

 
 

Welfare Reform Bill
Part 2 — Working-age benefits
Chapter 4 — Miscellaneous

47

 

Entitlement to work

60      

Entitlement to work: jobseeker’s allowance

(1)   

The Jobseekers Act 1995 is amended as follows.

(2)   

In section 1 (jobseeker’s allowance), in subsection (2), before paragraph (a)

there is inserted—

5

“(za)   

is entitled to be in employment in the United Kingdom;”.

(3)   

In that section, after subsection (3) there is inserted—

“(3A)   

For the purposes of subsection (2)(za), a person is entitled to be in

employment in the United Kingdom if, and only if—

(a)   

the person does not under the Immigration Act 1971 require

10

leave to enter or remain in the United Kingdom, or

(b)   

the person has been granted such leave and—

(i)   

the leave is not invalid,

(ii)   

the leave has not for any reason ceased to have effect,

and

15

(iii)   

the leave is not subject to a condition preventing the

person from accepting any employment.”

(4)   

In Schedule 1 (supplementary provisions), after paragraph 8 there is inserted—

“8ZA       

Regulations may prescribe circumstances in which a person may be

entitled to a jobseeker’s allowance without being entitled to be in

20

employment in the United Kingdom.”

61      

Entitlement to work: employment and support allowance

(1)   

The Welfare Reform Act 2007 is amended as follows.

(2)   

In section 1 (employment and support allowance), in subsection (3), before

paragraph (a) there is inserted—

25

“(za)   

is entitled to be in employment in the United Kingdom,”.

(3)   

In that section, after subsection (3) there is inserted—

“(3A)   

For the purposes of subsection (3)(za), a person is entitled to be in

employment in the United Kingdom if, and only if—

(a)   

the person does not under the Immigration Act 1971 require

30

leave to enter or remain in the United Kingdom, or

(b)   

the person has been granted such leave and—

(i)   

the leave is not invalid,

(ii)   

the leave has not for any reason ceased to have effect,

and

35

(iii)   

the leave is not subject to a condition preventing the

person from accepting any employment.”

(4)   

In Schedule 2 (supplementary provisions), after paragraph 4A (as inserted by

 
 

Welfare Reform Bill
Part 2 — Working-age benefits
Chapter 4 — Miscellaneous

48

 

section 53 of this Act) there is inserted—

“Entitlement to work in the United Kingdom

4A         

Regulations may provide that in prescribed circumstances a person

who is not entitled to be in employment in the United Kingdom may

nevertheless be entitled to an employment and support allowance.”

5

62      

Entitlement to work: maternity allowance and statutory payments

(1)   

The Social Security Contributions and Benefits Act 1992 is amended as follows.

(2)   

In section 35 (state maternity allowance)—

(a)   

in subsection (1), at the end there is inserted “and

(e)   

at the commencement of the week referred to in

10

paragraph (a) above she was entitled to engage in the

employment referred to in paragraph (b) above.”;

(b)   

in subsection (3), before paragraph (a) there is inserted—

“(za)   

for circumstances in which subsection (1)(e) above does

not apply;”.

15

(3)   

In section 164 (statutory maternity pay)—

(a)   

in subsection (2), after paragraph (a) there is inserted—

“(aa)   

that at the end of the week immediately preceding that

14th week she was entitled to be in that employment;”;

(b)   

in subsection (9), after paragraph (d) there is inserted—

20

“(da)   

provide for circumstances in which subsection (2)(aa)

above does not apply;”.

(4)   

In section 171ZA (ordinary statutory paternity pay: birth)—

(a)   

in subsection (2), after paragraph (b) there is inserted—

“(ba)   

that at the end of the relevant week he was entitled to be

25

in that employment;”;

(b)   

after subsection (3) there is inserted—

“(3A)   

Regulations may provide for circumstances in which subsection

(2)(ba) above does not apply.”

(5)   

In section 171ZB (ordinary statutory paternity pay: adoption)—

30

(a)   

in subsection (2), after paragraph (b) there is inserted—

“(ba)   

that at the end of the relevant week he was entitled to be

in that employment;”;

(b)   

after subsection (3) there is inserted—

“(3A)   

Regulations may provide for circumstances in which subsection

35

(2)(ba) above does not apply.”

(6)   

In section 171ZEA (additional statutory paternity pay: birth)—

(a)   

in subsection (2), after paragraph (b) there is inserted—

“(ba)   

that at the end of that prescribed week the claimant was

entitled to be in that employment;”;

40

 
 

Welfare Reform Bill
Part 2 — Working-age benefits
Chapter 4 — Miscellaneous

49

 

(b)   

in subsection (3), before paragraph (a) there is inserted—

“(za)   

exclude the application of the condition mentioned in

paragraph (ba) of subsection (2) in prescribed

circumstances”.

(7)   

In section 171ZEB (additional statutory paternity pay: adoption),

5

(a)   

in subsection (2), after paragraph (b) there is inserted—

“(ba)   

that at the end of that prescribed week the claimant was

entitled to be in that employment;”;

(b)   

in subsection (3), before paragraph (a) there is inserted—

“(za)   

exclude the application of the condition mentioned in

10

paragraph (ba) of subsection (2) in prescribed

circumstances,”.

(8)   

In section 171ZL (statutory adoption pay: entitlement)—

(a)   

in subsection (2), after paragraph (b) there is inserted—

“(ba)   

that at the end of the relevant week he was entitled to be

15

in that employment;”;

(b)   

in subsection (3), after “(2)(b)” there is inserted “, (ba)”;

(c)   

in subsection (8), before paragraph (a) there is inserted—

“(za)   

exclude the application of subsection (2)(ba) above in

prescribed circumstances;”.

20

(9)   

After section 173A there is inserted—

“173A   

Entitlement to be in employment

(1)   

For the purposes of this Act a person is entitled to engage in or to be in

any employment if (and only if)—

(a)   

the person does not under the Immigration Act 1971 require

25

leave to enter or remain in the United Kingdom, or

(b)   

the person has been granted such leave and—

(i)   

the leave is not invalid,

(ii)   

the leave has not for any reason ceased to have effect,

and

30

(iii)   

the leave is not subject to a condition preventing the

person from accepting that employment.”

(10)   

In Schedule 11 (statutory sick pay: circumstances in which periods of

entitlement do not arise)—

(a)   

in paragraph 2, at the end there is inserted—

35

“(i)   

the employee is not entitled to be in his employment

on the relevant date.”;

(b)   

at the end there is inserted—

“9         

Paragraph 2(i) above does not apply in prescribed

circumstances.”

40

 
 

Welfare Reform Bill
Part 3 — Other benefit changes

50

 

Part 3

Other benefit changes

Industrial injuries benefit

63      

Injuries arising before 5 July 1948

(1)   

In Part 5 of the Social Security Contributions and Benefits Act 1992 (industrial

5

injuries benefit), the following provisions are repealed—

(a)   

in section 94(1), the words “after 4th July 1948”;

(b)   

in section 103(2)(a), the words “after 4th July 1948”;

(c)   

in section 108(1), the words “and which developed after 4th July 1948”;

(d)   

in section 108(3), the words “but not before 5th July 1948”;

10

(e)   

in section 109(5)(a), the words “after 4th July 1948”;

(f)   

in section 109(5)(b) and (6)(a), the words “and developed after 4th July

1948”.

(2)   

Accordingly, section 111 and Schedule 8 of that Act (which relate to

compensation and benefits in respect of industrial injuries before 5 July 1948)

15

are repealed.

(3)   

The Secretary of State may make regulations—

(a)   

for, and in relation to, the payment of industrial injuries benefit to

persons to whom, before the commencement of this section,

compensation or benefits were payable under section 111 of, and

20

Schedule 8 to, the Social Security Contributions and Benefits Act 1992;

(b)   

for claims for the payment of such compensation or benefit to be treated

as claims for industrial injuries benefit.

(4)   

In subsection (3) “industrial injuries benefit” has the meaning given by section

122(1) of the Social Security Contributions and Benefits Act 1992.

25

(5)   

Regulations under this section are to be made by statutory instrument.

(6)   

A statutory instrument containing regulations under this section is subject to

annulment in pursuance of a resolution of either House of Parliament.

64      

Persons under 18

(1)   

In Schedule 4 to the Social Security Contributions and Benefits Act 1992 (rates

30

of benefits), Part 5 (rates of industrial injuries benefit) is amended as follows.

(2)   

In entry 1 (which relates to disablement pension (weekly rates)), in the second

column (“Rate”)—

(a)   

in the opening words, for the words from “in that Table” to the end of

paragraph (b) there is substituted “in column (2) of that Table.”;

35

(b)   

in the Table, column (3) is repealed.

(3)   

In entry 4 (which relates to the maximum of aggregate of weekly benefit

payable for successive accidents), in the second column (“Rate”)—

(a)   

paragraph (a) is repealed, except for the figure of £145.80;

(b)   

paragraph (b) is repealed, including the figure of £89.35.

40

 
 

 
previous section contents continue
 

© Parliamentary copyright
Revised 17 February 2011