|
| |
|
(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 |
| |
| |
(4) | A claimant commitment is to include— |
| |
(a) | any prescribed information, and |
| 10 |
(b) | any other information the Secretary of State considers it |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
“(d) | any function under section 124A of the Social Security |
| |
Contributions and Benefits Act 1992 in relation to a claimant |
| 25 |
| |
| |
| |
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dependent on drugs etc: jobseekers allowance) are repealed.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dependent on drugs etc: employment and support allowance) are repealed.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provision for review of the provisions repealed by this section) are repealed. |
| |
|
| |
|
| |
|
| |
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) |
| |
| 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, |
| |
| 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, |
| |
| 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 |
| |
|
| |
|
| |
|
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 |
| |
| 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) |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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, |
| |
| 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 |
| |
| |
(b) | at the end there is inserted— |
| |
“9 | Paragraph 2(i) above does not apply in prescribed |
| |
| 40 |
|
| |
|
| |
|
| |
| |
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 |
| |
| |
(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 |
| |
(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. |
| |
| |
(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 |
| |
| |
(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 |
|
| |
|