Welfare Reform Bill

Session 2010 - 11
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Welfare Reform Bill

Welfare Reform Bill
Part 1 — Universal credit
Chapter 1 — Entitlement and awards
5

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Housing costs
(1)
The calculation of an award of universal credit is to include an amount in
respect of any liability of a claimant to make payments in respect of the
accommodation they occupy as their home.
(2)
For the purposes of subsection (1)—
5
(a)
the accommodation must be in Great Britain;
(b)
the accommodation must be residential accommodation;
(c)
it is immaterial whether the accommodation consists of the whole or
part of a building and whether or not it comprises separate and self-
contained premises.
10
(3)
Regulations may make provision as to—
(a)
what is meant by payments in respect of accommodation for the
purposes of this section (and, in particular, the extent to which such
payments include mortgage payments);
(b)
circumstances in which a claimant is to be treated as liable or not liable
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to make such payments;
(c)
circumstances in which a claimant is to be treated as occupying or not
occupying accommodation as their home (and, in particular, for
temporary absences to be disregarded);
(d)
circumstances in which land used for the purposes of any
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accommodation is to be treated as included in the accommodation.
(4)
Regulations are to provide for the determination or calculation of any amount
to be included under this section.
(5)
Regulations may—
(a)
provide for exceptions to subsection (1);
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(b)
provide for inclusion of an amount under this section in the calculation
of an award of universal credit—
(i)
to end at a prescribed time, or
(ii)
not to start until a prescribed time.
12
Other particular needs or circumstances
30
(1)
The calculation of an award of universal credit is to include amounts in respect
of such particular needs or circumstances of a claimant as may be prescribed.
(2)
The needs or circumstances prescribed under subsection (1) may include—
(a)
the fact that a claimant has limited capability for work;
(b)
the fact that a claimant has limited capability for work and work-
35
related activity;
(c)
the fact that a claimant has regular and substantial caring
responsibilities for a severely disabled person.
(3)
Regulations are to specify, or provide for the determination or calculation of,
any amount to be included under subsection (1).
40
(4)
Regulations may—
(a)
provide for inclusion of an amount under this section in the calculation
of an award of universal credit—
(i)
to end at a prescribed time, or
(ii)
not to start until a prescribed time;
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Welfare Reform Bill
Part 1 — Universal credit
Chapter 2 — Claimant responsibilities
6

(b)
provide for the manner in which a claimant’s needs or circumstances
are to be determined.
Chapter 2
Claimant responsibilities
Introductory
5
13
Work-related requirements: introductory
(1)
This Chapter provides for the Secretary of State to impose work-related
requirements with which claimants must comply for the purposes of this Part.
(2)
In this Part “work-related requirement” means—
(a)
a work-focused interview requirement (see section 15);
10
(b)
a work preparation requirement (see section 16);
(c)
a work search requirement (see section 17);
(d)
a work availability requirement (see section 18).
(3)
The work-related requirements which may be imposed on a claimant depend
on which of the following groups the claimant falls into—
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(a)
no work-related requirements (see section 19);
(b)
work-focused interview requirement only (see section 20);
(c)
work-focused interview and work preparation requirements only (see
section 21);
(d)
all work-related requirements (see section 22).
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14
Claimant commitment
(1)
A claimant commitment is a record of a claimant’s responsibilities in relation
to an award of universal credit.
(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.
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(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 claimant must comply with under
this Part (or such of them as the Secretary of State considers it
appropriate to include),
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(b)
any prescribed information, and
(c)
any other information the Secretary of State considers it appropriate to
include.
(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
35
as may be prescribed.

Welfare Reform Bill
Part 1 — Universal credit
Chapter 2 — Claimant responsibilities
7

Work-related requirements
15
Work-focused interview requirement
(1)
In this Part a “work-focused interview requirement” is a requirement that a
claimant participate in one or more work-focused interviews as specified by
the Secretary of State.
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(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
particular that of making it more likely in the opinion of the Secretary of State
that the claimant will obtain paid work (or more paid work or better-paid
10
work).
(4)
The Secretary of State may specify how, when and where a work-focused
interview is to take place.
16
Work preparation requirement
(1)
In this Part a “work preparation requirement” is a requirement that a claimant
15
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 claimant
will obtain paid work (or more paid work or better-paid work).
(2)
The Secretary of State may under subsection (1) specify the time to be devoted
to any particular action.
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(3)
Action which may be specified under subsection (1) includes in particular—
(a)
attending a skills assessment;
(b)
improving personal presentation;
(c)
participating in training;
(d)
participating in an employment programme;
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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)
In the case of a person with limited capability for work, the action which may
be specified under subsection (1) includes taking part in a work-focused
30
health-related assessment.
(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
35
by taking steps in relation to their physical or mental 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—
40
(a)
a registered medical practitioner,
(b)
a registered nurse,

Welfare Reform Bill
Part 1 — Universal credit
Chapter 2 — Claimant responsibilities
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(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
(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
5
Professions Act 2002 as may be prescribed.
17
Work search requirement
(1)
In this Part a “work search requirement” is a requirement that a claimant
take—
(a)
all reasonable action, and
10
(b)
any particular action specified by the Secretary of State,

for the purpose of obtaining paid work (or more paid work or better-paid
work).
(2)
The Secretary of State may under subsection (1)(b) specify the time to be
devoted to any particular action.
15
(3)
Action which may be specified under subsection (1)(b) includes in particular—
(a)
carrying out work searches;
(b)
making applications;
(c)
creating and maintaining an online profile;
(d)
registering with an employment agency;
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(e)
seeking references;
(f)
any action prescribed for the purpose in subsection (1).
(4)
Regulations may impose limitations on a work search requirement by
reference to the work to which it relates; and the Secretary of State may in any
particular case specify further such limitations on such a requirement.
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(5)
A limitation under subsection (4) may in particular be by reference to—
(a)
work of a particular nature,
(b)
work with a particular level of remuneration,
(c)
work in particular locations, or
(d)
work available for a certain number of hours per week or at particular
30
times,

and may be indefinite or for a particular period.
18
Work availability requirement
(1)
In this Part a “work availability requirement” is a requirement that a claimant
be available for work.
35
(2)
For the purposes of this section “available for work” means able and willing
immediately to take up paid work (or more paid work or better-paid work).
(3)
Regulations may impose limitations on a work availability requirement by
reference to the work to which it relates; and the Secretary of State may in any
particular case specify further such limitations on such a requirement.
40
(4)
A limitation under subsection (3) may in particular be by reference to—
(a)
work of a particular nature,
(b)
work with a particular level of remuneration,

Welfare Reform Bill
Part 1 — Universal credit
Chapter 2 — Claimant responsibilities
9

(c)
work in particular locations, or
(d)
work available for a certain number of hours per week or at particular
times,

and may be indefinite or for a particular period.
(5)
Regulations may for the purposes of subsection (2) define what is meant by a
5
person being able and willing immediately to take up work.
Application of work-related requirements
19
Claimants subject to no work-related requirements
(1)
The Secretary of State may not impose any work-related requirement on a
claimant falling within this section.
10
(2)
A claimant falls within this section if—
(a)
the claimant has limited capability for work and work-related activity,
(b)
the claimant has regular and substantial caring responsibilities for a
severely disabled person,
(c)
the claimant is the responsible carer for a child under the age of 1, or
15
(d)
the claimant is of a prescribed description.
(3)
Regulations under subsection (2)(d) may in particular make provision by
reference to one or more of the following—
(a)
hours worked;
(b)
earnings or income;
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(c)
the amount of universal credit payable.
(4)
Regulations under subsection (3) may—
(a)
in the case of a claimant who is a member of the couple, make provision
by reference to the claimant alone or by reference to the members of the
couple together;
25
(b)
make provision for estimating or calculating any matter for the purpose
of the regulations.
(5)
Where a claimant falls within this section, any work-related requirement
previously applying to the claimant ceases to have effect.
(6)
In this Part “responsible carer”, in relation to a child means—
30
(a)
a single person who is responsible for the child, or
(b)
a person who is a member of a couple where—
(i)
the person or the other member of the couple is responsible for
the child, and
(ii)
the person has been nominated by the couple jointly as
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responsible for the child.
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Claimants subject to work-focused interview requirement only
(1)
A claimant falls within this section if—
(a)
the claimant is the responsible carer for a child who is aged at least 1
and is under a prescribed age (which may not be less than 3), or
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(b)
the claimant is of a prescribed description.

Welfare Reform Bill
Part 1 — Universal credit
Chapter 2 — Claimant responsibilities
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(2)
The Secretary of State may, subject to this Part, impose a work-focused
interview requirement on a claimant falling within this section.
(3)
The Secretary of State may not impose any other work-related requirement on
a claimant falling within this section (and, where a claimant falls within this
section, any other work-related requirement previously applying to the
5
claimant ceases to have effect).
21
Claimants subject to work preparation requirement
(1)
A claimant falls within this section if the claimant does not fall within section
19 or 20 and—
(a)
the claimant has limited capability for work, or
10
(b)
the claimant is of a prescribed description.
(2)
The Secretary of State may, subject to this Part, impose a work preparation
requirement on a claimant falling within this section.
(3)
The Secretary of State may also, subject to this Part, impose a work-focused
interview requirement on a claimant falling within this section.
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(4)
The Secretary of State may not impose any other work-related requirement on
a claimant falling within this section (and, where a claimant falls within this
section, any other work-related requirement previously applying to the
claimant ceases to have effect).
(5)
Regulations under subsection (1)(b) must prescribe a claimant who is the
20
responsible carer for a child aged 3 or 4 if the claimant does not fall within
section 20.
22
Claimants subject to all work-related requirements
(1)
A claimant not falling within any of sections 19 to 21 falls within this section.
(2)
The Secretary of State must, except in prescribed circumstances, impose on a
25
claimant falling within this section—
(a)
a work search requirement, and
(b)
a work availability requirement.
(3)
The Secretary of State may, subject to this Part, impose either or both of the
following on a claimant falling within this section—
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(a)
a work-focused interview requirement;
(b)
a work preparation requirement.
Work-related requirements: supplementary
23
Connected requirements
(1)
The Secretary of State may require a claimant to participate in an interview for
35
any purpose relating to—
(a)
the imposition of a work-related requirement on the claimant;
(b)
verifying the claimant’s compliance with a work-related requirement;
(c)
assisting the claimant to comply with a work-related requirement.

Welfare Reform Bill
Part 1 — Universal credit
Chapter 2 — Claimant responsibilities
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(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 the claimant’s
compliance with a work-related requirement, require a claimant to—
(a)
provide to the Secretary of State information and evidence specified by
5
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 claimant to report to the Secretary of State
any specified changes in their circumstances which are relevant to—
(a)
the imposition of work-related requirements on the claimant;
10
(b)
the claimant’s compliance with a work-related requirement.
24
Imposition of requirements
(1)
Regulations may make provision—
(a)
where the Secretary of State may impose a requirement under this Part,
as to when the requirement must or must not be imposed;
15
(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;
(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
20
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 16(1) or 17(1)(b), the
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
25
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 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.
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(5)
Regulations must make provision to secure that, in prescribed circumstances,
where a claimant has recently been a victim of domestic violence—
(a)
a requirement imposed on that claimant under this Part ceases to have
effect for a period of 13 weeks, and
(b)
the Secretary of State may not impose any other requirement under this
35
Part on that claimant 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 whom
domestic violence is inflicted or threatened (and regulations under
40
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 prescribed
period has not expired since the violence was inflicted or threatened.