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 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
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(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dependent on drugs etc: jobseekers allowance) are repealed.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dependent on drugs etc: employment and support allowance) are repealed.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provision for review of the provisions repealed by this section) are repealed.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
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(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;”.
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(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—
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“(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;”;
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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;”.
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(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.”
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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.
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