(1) Any power to make—
(a) regulations under this Part,
(b) regulations under the Social Security Administration Act 1992 relating to universal credit, or
(c) regulations under the Social Security Act 1998 relating to universal credit,
may be exercised so as to make provision for piloting purposes.
(2) In subsection (1), “piloting purposes”, in relation to any provision, means the purposes of testing—
(a) the extent to which the provision is likely to make universal credit simpler to understand or to administer,
(b) the extent to which the provision is likely to promote—
(i) people remaining in work, or
(ii) people obtaining or being able to obtain work (or more work or better-paid work), or
(c) the extent to which, and how, the provision is likely to affect the conduct of claimants or other people in any other way.
(3) Regulations made by virtue of this section are in the remainder of this section referred to as a “pilot scheme“.
(4) A pilot scheme may be limited in its application to—
(a) one or more areas;
(b) one or more classes of person;
(c) persons selected—
(i) by reference to prescribed criteria, or
(ii) on a sampling basis.
(5) A pilot scheme may not have effect for a period exceeding three years, but—
(a) the Secretary of State may by order made by statutory instrument provide that the pilot scheme is to continue to have effect after the time when it would otherwise expire for a period not exceeding twelve months (and may make more than one such order);
(b) a pilot scheme may be replaced by a further pilot scheme making the same or similar provision.
(6) A pilot scheme may include consequential or transitional provision in relation to its expiry.
(1) Regulations under this Part are to be made by the Secretary of State, unless otherwise provided.
(2) A power to make regulations under this Part may be exercised—
(a) so as to make different provision for different cases or purposes;
(b) in relation to all or only some of the cases or purposes for which it may be exercised.
(3) Such a power includes—
(a) power to make incidental, supplementary, consequential or transitional provision or savings;
(b) power to provide for a person to exercise a discretion in dealing with any matter.
(4) Each power conferred by this Part is without prejudice to the others.
(5) Where regulations under this Part provide for an amount, the amount may be zero.
(6) Where regulations under this Part provide for an amount for the purposes of an award (or a reduction from an award), the amount may be different in relation to different descriptions of person, and in particular may depend on—
(a) whether the person is a single person or a member of a couple;
(b) the age of the person.
(7) Regulations under section 11(4) or 12(3) which provide for the determination or calculation of an amount may make different provision for different areas.
(1) Regulations under this Part are to be made by statutory instrument.
(2) A statutory instrument containing regulations made by the Secretary of State under this Part is subject to the negative resolution procedure, subject as follows.
(3) A statutory instrument containing the first regulations made by the Secretary of State under any of the following, alone or with other regulations, is subject to the affirmative resolution procedure—
(a) section 4(7) (acceptance of claimant commitment);
(b) section 5(1)(a) and (2)(a) (capital limits);
(c) section 8(3) (income to be deducted in award calculation);
(d) section 9(2) and (3) (standard allowance);
(e) section 10(3) and (4) (children and young persons element);
(f) section 11 (housing costs element);
(g) section 12 (other needs and circumstances element);
(h) section 18(3) and (5) (work availability requirement);
(i) section 19(2)(d) (claimants subject to no work-related requirements);
(j) sections 26 and 27 (sanctions);
(k) section 28 (hardship payments);
(l) paragraph 4 of Schedule 1 (calculation of capital and income);
(m) paragraph 1(1) of Schedule 6 (migration), where making provision under paragraphs 4, 5 and 6 of that Schedule.
(4) A statutory instrument containing regulations made by the Secretary of State by virtue of section 41 (pilot schemes), alone or with other regulations, is subject to the affirmative resolution procedure.
(5) A statutory instrument containing regulations made by the Secretary of State under this Part is subject to the affirmative resolution procedure if—
(a) it also contains regulations under another enactment, and
(b) an instrument containing those regulations would apart from this section be subject to the affirmative resolution procedure.
(6) For the purposes of subsections (2) to (5)—
(a) a statutory instrument subject to the “negative resolution procedure” is subject to annulment in pursuance of a resolution of either House of Parliament;
(b) a statutory instrument subject to the “affirmative resolution procedure” may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
(7) A statutory instrument containing regulations made by the Welsh Ministers under section 32 may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales.
(1) The Jobseekers Act 1995 is amended as follows.
(2) In section 1 (the jobseeker's allowance), in subsection (2)(b) for “entered into a jobseeker's agreement which remains in force” there is substituted “ accepted a claimant commitment ”.
(3) For section 9 (the jobseeker's agreement) there is substituted—
Claimant commitment
9 (1) For the purposes of this Act a “claimant commitment” is a record of a claimant's responsibilities in relation to an award of a jobseeker's allowance.
(2) A claimant commitment shall—
(a) be prepared by an employment officer,
(b) be in such form as the Secretary of State thinks fit,
(c) include any prescribed information, and
(d) include any other information an employment officer or the Secretary of State considers it appropriate to include.
(3) Information included in a claimant commitment under subsection (2)(d) may include—
(a) information in respect of the conditions mentioned in section 1(2)(a) and (c);
(b) details of any requirement imposed on the claimant by virtue of regulations under section 8 or 17A, or under a jobseeker's direction;
(c) details of any consequences of a failure to comply with such a requirement.
(4) A claimant shall not be invited to accept a claimant commitment by an employment officer unless, in the opinion of the employment officer, the conditions mentioned in section 1(2)(a) and (c) would be satisfied with respect to the claimant if he were to act in accordance with, or be treated as acting in accordance with, the proposed claimant commitment.
(5) The employment officer may, and if asked to do so by the claimant shall forthwith, refer a proposed claimant commitment to the Secretary of State for him to determine—
(a) whether, if the claimant were to act in accordance with the proposed claimant commitment, he would satisfy—
(i) the condition mentioned in section 1(2)(a), or
(ii) the condition mentioned in section 1(2)(c), and
(b) whether it is reasonable to expect the claimant to have to act in accordance with the proposed claimant commitment.
(6) A reference under subsection (5) may only relate to information included in the proposed claimant commitment under subsection (3)(a).
(7) On a reference under subsection (5) the Secretary of State—
(a) shall, so far as practicable, dispose of it in accordance with this section before the end of the period of 14 days from the date of the reference;
(b) may give such directions, with respect to the terms of the proposed claimant commitment, as the Secretary of State considers appropriate;
(c) may direct that, if such conditions as he considers appropriate are satisfied, the proposed claimant commitment is to be treated (if accepted) as having been accepted by the claimant on such date as may be specified in the direction.
(8) Regulations may provide—
(a) for such matters as may be prescribed to be taken into account by the Secretary of State in giving a direction under subsection (7)(c), and
(b) for such persons as may be prescribed to be notified of—
(i) any determination of the Secretary of State under this section;
(ii) any direction given by the Secretary of State under this section.
(9) Regulations may provide that, in prescribed circumstances, a claimant is to be treated as having satisfied the condition mentioned in section 1(2)(b).
(10) For the purposes of this Act 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.
(4) For section 10 (variation of jobseeker's agreement) there is substituted—
Variation of claimant commitment
10 (1) A claimant commitment may be varied by an employment officer.
(2) An employment officer shall not vary a claimant commitment unless, in the opinion of the employment officer, the conditions mentioned in section 1(2)(a) and (c) would continue to be satisfied with respect to the claimant if he were to act in accordance with, or be treated as acting in accordance with, the varied claimant commitment.
(3) An employment officer shall, before making a relevant variation of a claimant commitment, notify the claimant of the proposed variation.
(4) For the purposes of this section a “relevant variation” of a claimant commitment means a variation which relates to information to be included in the claimant commitment in respect of the conditions mentioned in section 1(2)(a) and (c).
(5) The employment officer may, and if asked to do so by the claimant in prescribed circumstances, shall forthwith refer a relevant variation of a claimant commitment proposed by the employment officer or requested by the claimant to the Secretary of State to determine—
(a) whether, if the claimant were to act in accordance with the claimant commitment as proposed to be varied, he would satisfy—
(i) the condition mentioned in section 1(2)(a), or
(ii) the condition mentioned in section 1(2)(c), and
(b) in the case of a variation proposed by the employment officer, whether it is reasonable to expect the claimant to have to act in accordance with the claimant commitment as proposed to be varied.
(6) On a reference under subsection (5) the Secretary of State—
(a) shall, so far as practicable, dispose of it in accordance with this section before the end of the period of 14 days from the date of the reference,
(b) shall give such directions as he considers appropriate as to—
(i) whether the claimant commitment should be varied, and
(ii) if so, the terms on which the claimant is to accept the varied claimant commitment, and
(c) may direct that, if such conditions as he considers appropriate are satisfied, the claimant commitment, as proposed to be varied, is to be treated (if accepted) as having been accepted by the claimant on such date as may be specified in the direction.
(7) Regulations may provide—
(a) for such matters as may be prescribed to be taken into account by the Secretary of State in giving a direction under subsection (6)(b) or (c), and
(b) for such persons as may be prescribed to be notified of—
(i) any determination of the Secretary of State under this section;
(ii) any direction given by the Secretary of State under this section.
(5) In section 35 (interpretation), in subsection (1), after the definition of “employment” there is inserted—
“employment officer”, for any purpose of this Act, means an officer of the Secretary of State or such other person as may be designated for that purpose by an order made by the Secretary of State;
.
In section 8 of the Jobseekers Act 1995 (attendance, information and evidence), in subsections (1)(a) and (1A)(a) for “attend at such place and at such time” there is substituted “ participate in an interview in such manner, time and place ”.
(1) For section 19 of the Jobseekers Act 1995 (circumstances in which a jobseeker's allowance is not payable) there is substituted—
Higher-level sanctions
19 (1) The amount of an award of a jobseeker's allowance is to be reduced in accordance with this section in the event of a failure by the claimant which is sanctionable under this section.
(2) It is a failure sanctionable under this section if a claimant—
(a) through misconduct loses employment as an employed earner;
(b) without a good reason voluntarily leaves such employment;
(c) without a good reason refuses or fails to apply for, or accept if offered, a situation in any employment which an employment officer has informed him is vacant or about to become vacant;
(d) without a good reason neglects to avail himself of a reasonable opportunity of employment;
(e) without a good reason fails to participate in any scheme within section 17A(1) which is prescribed for the purposes of this section.
(3) For the purposes of subsection (2)(b), in such circumstances as may be prescribed, including in particular where a person has been dismissed by his employer by reason of redundancy within the meaning of section 139(1) of the Employment Rights Act 1996 after volunteering or agreeing to be so dismissed, a person who might otherwise be treated as having left his employment voluntarily is to be treated as not having left voluntarily.
(4) Regulations are to provide for—
(a) the amount of a reduction under this section;
(b) the period for which such a reduction has effect, not exceeding three years in relation to any failure sanctionable under this section.
(5) Regulations under subsection (4)(b) may in particular provide for the period of a reduction to depend on either or both of the following—
(a) the number of failures by the claimant sanctionable under this section;
(b) the period between such failures.
(6) 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 a prescribed period of the termination.
(7) During any period for which the amount of a joint-claim jobseeker's allowance is reduced under this section by virtue of a failure by one of the claimants which is sanctionable under this section, the allowance is payable to the other member of the couple.
Other sanctions
19A (1) The amount of an award of a jobseeker's allowance is to be reduced in accordance with this section in the event of a failure by the claimant which is sanctionable under this section.
(2) It is a failure sanctionable under this section if a claimant—
(a) without a good reason fails to comply with regulations under section 8(1) or (1A);
(b) without a good reason fails to comply with regulations under section 17A;
(c) without a good reason refuses or fails to carry out a jobseeker's direction which was reasonable having regard to his circumstances;
(d) without a good reason neglects to avail himself of a reasonable opportunity of a place on a training scheme or employment programme;
(e) without a good reason refuses or fails to apply for, or accept if offered, a place on such a scheme or programme which an employment officer has informed him is vacant or about to become vacant;
(f) without a good reason gives up a place on such a scheme or programme or fails to attend such a scheme or programme having been given a place on it;
(g) through misconduct loses a place on such a scheme or programme.
(3) But a failure is not sanctionable under this section if it is also sanctionable under section 19.
(4) Regulations are to provide for—
(a) the amount of a reduction under this section;
(b) the period for which such a reduction has effect.
(5) Regulations under subsection (4)(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 claimant meets a compliance condition specified by the Secretary of State,
(b) a fixed period not exceeding 26 weeks which is—
(i) specified in the regulations, or
(ii) determined in any case by the Secretary of State, or
(c) a combination of both.
(6) In subsection (5)(a) “compliance condition” means—
(a) a condition that the failure ceases, or
(b) a condition relating to—
(i) future compliance with a jobseeker's direction or any requirement imposed under section 8(1) or (1A) or 17A of this Act, or
(ii) future avoidance of the failures referred to in subsection (2)(d) to (g).
(7) A compliance condition specified under subsection (5)(a) may be—
(a) revoked or varied by the Secretary of State;
(b) notified to the claimant in such manner as the Secretary of State may determine.
(8) The period fixed under subsection (5)(b) may in particular depend on either or both of the following—
(a) the number of failures by the claimant sanctionable under this section;
(b) the period between such failures.
(9) 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 a prescribed period of the termination.
(10) During any period for which the amount of a joint-claim jobseeker's allowance is reduced under this section by virtue of a failure by one of the claimants which is sanctionable under this section, the allowance is payable to the other member of the couple.
(11) In this section—
(a) “jobseeker's direction” means a direction given by an employment officer (in such manner as he thinks fit) with a view to achieving one or both of the following—
(i) assisting the claimant to find employment;
(ii) improving the claimant's prospects of being employed;
(b) “training scheme“ and “employment programme” have such meaning as may be prescribed.
Claimants ceasing to be available for employment etc
19B (1) Regulations may make provision for reduction of the amount of an award of a jobseeker's allowance other than a joint-claim jobseeker's allowance if the claimant—
(a) was previously entitled to such an allowance or was a member of a couple entitled to a joint-claim jobseeker's allowance, and
(b) ceased to be so entitled by failing to comply with the condition in section 1(2)(a) or (c) (availability for employment and actively seeking employment).
(2) Regulations may make provision for reduction of the amount of a joint-claim jobseeker's allowance if one of the claimants—
(a) was previously entitled to a jobseeker's allowance other than a joint-claim jobseeker's allowance, and
(b) ceased to be so entitled by failing to comply with the condition in section 1(2)(a) or (c).
(3) Regulations may make provision for reduction of the amount of an award of joint-claim jobseeker's allowance if—
(a) the couple were previously entitled to a joint-claim jobseeker's allowance but ceased to be so entitled by either or both of them failing to comply with the condition in section 1(2)(a) or (c), or
(b) either member of the couple was a member of another couple previously entitled to such an allowance and that couple ceased to be so entitled by that person failing to comply with the condition in section 1(2)(a) or (c).
(4) Regulations are to provide for—
(a) the amount of a reduction under this section;
(b) the period for which such a reduction has effect.
(5) The period referred to in subsection (4)(b) must not include any period after the end of the period of 13 weeks beginning with the day on which the claimant's previous entitlement ceased.
(6) Regulations under subsection (4)(b) may in particular provide for the period of a reduction to depend on either or both of the following—
(a) the number of occasions on which a claimant's entitlement has ceased as specified in subsection (1), (2) or (3);
(b) the period between such occasions.
(7) Regulations may provide for a reduction under this section made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination.
(8) During any period for which the amount of a joint-claim jobseeker's allowance is reduced under this section by virtue of a failure by one of the claimants to comply with the condition in section 1(2)(a) or (c), the allowance is payable to the other member of the couple.
Hardship payments
19C (1) Regulations may make provision for the making of payments (“hardship payments”) by way of a jobseeker's allowance to a claimant where—
(a) the amount of the claimant's award is reduced under sections 19 to 19B, and
(b) the claimant is or will be in hardship.
(2) Regulations under this section may in particular make provision as to—
(a) circumstances in which a claimant is to be treated as being or not being in hardship;
(b) matters to be taken into account in determining whether a claimant is or will be in hardship;
(c) requirements or conditions to be met by a claimant in order to receive hardship payments;
(d) the amount or rate of hardship payments;
(e) the period for which hardship payments may be made;
(f) whether hardship payments are recoverable.
(2) In section 37 of that Act (parliamentary control), in subsection (1), before paragraph (b) there is inserted—
(ab) the first regulations to be made under sections 19 to 19C;
.
(3) In Schedule 1 to that Act—
(a) in the heading preceding paragraph 14B for “or just cause” there is substituted “ reason ”;
(b) before paragraph 14B there is inserted—
14AA For any purpose of this Act regulations may provide for—
(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 for an act or omission.
;
(c) in paragraph 14B, in sub-paragraph (1)—
(i) for “this Act” there is substituted “ paragraph 14AA ”;
(ii) for “good cause or just cause“ there is substituted “ a good reason ”.
(4) In Schedule 3 to the Social Security Act 1998 (decisions against which an appeal lies), in paragraph 3, paragraphs (d) and (da) are repealed.
In section 37 of the Jobseekers Act 1995 (parliamentary control), in subsection (1)(c) (regulations subject to affirmative procedure), “6, 7,” is repealed.
49 Claimant responsibilities for jobseeker's allowance
(1) The Jobseekers Act 1995 is amended as follows.
(2) In section 1(2) (conditions of entitlement), paragraphs (a) and (c) are repealed.
(3) For sections 6 to 10 (and the italic heading preceding section 6) there is substituted—
Work-related requirements
Work-related requirements
6 (1) The following provisions of this Act provide for the Secretary of State to impose work-related requirements with which claimants must comply for the purposes of this Act.
(2) In this Act “work-related requirement” means—
(a) a work-focused interview requirement (see section 6B);
(b) a work preparation requirement (see section 6C);
(c) a work search requirement (see section 6D);
(d) a work availability requirement (see section 6E).
Claimant commitment
6A (1) A claimant commitment is a record of a claimant's responsibilities in relation to an award of a jobseeker's allowance.
(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.
(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 Act (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.
(5) For the purposes of this Act 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.
Work-focused interview requirement
6B (1) In this Act 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.
(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 work).
(4) The Secretary of State may specify how, when and where a work-focused interview is to take place.
Work preparation requirement
6C (1) In this Act a “work preparation requirement” is a requirement that a claimant 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.
(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;
(e) undertaking work experience or a work placement;
(f) developing a business plan;
(g) any action prescribed for the purpose in subsection (1).
Work search requirement
6D (1) In this Part a “work search requirement” is a requirement that a claimant take—
(a) all reasonable action, and
(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.
(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;
(e) seeking references;
(f) any other 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.
(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 times,
and may be indefinite or for a particular period.
Work availability requirement
6E (1) In this Act a “work availability requirement” is a requirement that a claimant be available for work.
(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.
(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,
(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 able and willing immediately to take up work.
Imposition of work-related requirements
6F (1) The Secretary of State must, except in prescribed circumstances, impose on a claimant—
(a) a work search requirement, and
(b) a work availability requirement.
(2) The Secretary of State may, subject to this Act, impose either or both of the following on a claimant—
(a) a work-focused interview requirement;
(b) a work preparation requirement.
Connected requirements
6G (1) The Secretary of State may require a claimant to participate in an interview for 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.
(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 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;
(b) the claimant's compliance with a work-related requirement.
Imposition of work-related and connected requirements: supplementary
6H (1) Regulations may make provision—
(a) where the Secretary of State may impose a requirement under the preceding provisions of this Act, 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 the preceding provisions of this Act, 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 such requirement, 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 6C(1) or 6D(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 the preceding provisions of this Act, 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 specified.
(4) Notification of a requirement imposed under the preceding provisions of this Act (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.
(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 the claimant under the preceding provisions of this Act ceases to have effect for a period of 13 weeks, and
(b) the Secretary of State may not impose any other requirement on the 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 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.
Compliance with work-related and connected requirements
6I Regulations may make provision as to circumstances in which a claimant is to be treated as having—
(a) complied with or not complied with any requirement imposed under the preceding provisions of this Act 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.
Higher-level sanctions
6J (1) The amount of an award of jobseeker's allowance is to be reduced in accordance with this section in the event of a failure by a claimant which is sanctionable under this section.
(2) It is a failure sanctionable under this section if a claimant—
(a) fails for no good reason to comply with a requirement imposed by the Secretary of State under a work preparation requirement to undertake a work placement of a prescribed description;
(b) fails for no good reason to comply with a requirement imposed by the Secretary of State under a work search requirement to apply for a particular vacancy for paid work;
(c) fails for no good reason to comply with a work availability requirement by not taking up an offer of paid work;
(d) by reason of misconduct, or voluntarily and for no good reason, ceases paid work or loses pay.
(3) It is a failure sanctionable under this section if, at any time before making the claim by reference to which the award is made, the claimant—
(a) for no good reason failed to take up an offer of paid work, or
(b) by reason of misconduct, or voluntarily and for no good reason, ceased paid work or lost pay.
(4) For the purposes of subsections (2) and (3) regulations may provide—
(a) for circumstances in which ceasing to work or losing pay is to be treated as occurring or not occurring by reason of misconduct or voluntarily;
(b) for loss of pay below a prescribed level to be disregarded.
(5) Regulations are to specify—
(a) the amount of a reduction under this section;
(b) the period for which such a reduction has effect, not exceeding three years in relation to any failure sanctionable under this section.
(6) Regulations under subsection (5)(b) may in particular provide for the period of a reduction to depend on either or both of the following—
(a) the number of failures by the claimant sanctionable under this section;
(b) the period between such failures.
(7) 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 a prescribed period of the termination;
(c) for the termination or suspension of a reduction under this section.
Other sanctions
6K (1) The amount of an award of a jobseeker's allowance is to be reduced in accordance with this section in the event of a failure by a claimant which is sanctionable under this section.
(2) It is a failure sanctionable under this section if a claimant—
(a) fails for no good reason to comply with a work-related requirement;
(b) fails for no good reason to comply with a requirement under section 6G.
(3) But a failure by a claimant is not sanctionable under this section if it is also a failure sanctionable under section 6J.
(4) Regulations must specify—
(a) the amount of a reduction under this section;
(b) the period for which such a reduction has effect.
(5) Regulations under subsection (4)(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 claimant meets a compliance condition specified by the Secretary of State,
(b) a fixed period not exceeding 26 weeks which is—
(i) specified in the regulations, or
(ii) determined in any case by the Secretary of State, or
(c) a combination of both.
(6) In subsection (5)(a) “compliance condition” means—
(a) a condition that the failure ceases, or
(b) a condition relating to future compliance with a work-related requirement or a requirement under section 6G.
(7) A compliance condition specified under subsection (5)(a) may be—
(a) revoked or varied by the Secretary of State;
(b) notified to the claimant in such manner as the Secretary of State may determine.
(8) A period fixed under subsection (5)(b) may in particular depend on either or both the following—
(a) the number of failures by the claimant sanctionable under this section;
(b) the period between such failures.
(9) 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 a prescribed period of the termination;
(c) for the termination or suspension of a reduction under this section.
Delegation and contracting out
6L (1) The functions of the Secretary of State under sections 6 to 6I may be 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;
(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;
(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 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 authorised person and the Secretary of State as relates to the exercise of the function, or
(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).
(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,
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).
(4) In section 29 (pilot schemes), in subsection (8), for the words from “ascertaining” to the end there is substituted “testing the extent to which the 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).”
(5) In section 35 (interpretation), in subsection (1), at the appropriate places there is inserted—
“work availability requirement” has the meaning given by section 6E;
;
“work preparation requirement” has the meaning given by section 6C;
;
“work search requirement” has the meaning given by section 6D;
;
“work-focused interview requirement” has the meaning given by section 6B;
;
“work-related requirement” has the meaning given by section 6;
.
(6) In section 37 (parliamentary control), in subsection (1), after paragraph (a) there is inserted—
(aa) the first regulations to be made under section 6J or 6K;
.
(1) In section 1 of the Welfare Reform Act 2007 (employment and support allowance), after subsection (6) there is inserted—
(6A) In subsection (3)(f), in relation to a contributory allowance, the reference to a couple entitled to a joint-claim jobseeker's allowance does not include a couple so entitled by virtue of regulations under paragraph 8A of Schedule 1 to the Jobseekers Act 1995.
(2) In a case where—
(a) an award of an employment and support allowance is made to a person in respect of any period of time before the coming into force of subsection (1), and
(b) the person was not entitled to an employment and support allowance in relation to that period but would have been had subsection (1) been in force in relation to that period,
subsection (1) shall be regarded as having been in force in relation to that period.
51 Period of entitlement to contributory allowance
(1) After section 1 of the Welfare Reform Act 2007 there is inserted—
Duration of contributory allowance
1A (1) The period for which a person is entitled to a contributory allowance by virtue of the first and second conditions set out in Part 1 of Schedule 1 shall not exceed, in the aggregate, the relevant maximum number of days in any period for which his entitlement is established by reference (under the second condition set out in Part 1 of Schedule 1) to the same two tax years.
(2) In subsection (1) the “relevant maximum number of days” is—
(a) 365 days, or
(b) if the Secretary of State by order specifies a greater number of days, that number of days.
(3) The fact that a person's entitlement to a contributory allowance has ceased as a result of subsection (1) does not prevent his being entitled to a further such allowance if—
(a) he satisfies the first and second conditions set out in Part 1 of Schedule 1, and
(b) the two tax years by reference to which he satisfies the second condition include at least one year which is later than the second of the two years by reference to which (under the second condition) his previous entitlement was established.
(4) The period for which a person is entitled to a contributory allowance by virtue of the third condition set out in Part 1 of Schedule 1 (youth) shall not exceed—
(a) 365 days, or
(b) if the Secretary of State by order specifies a greater number of days, that number of days.
(5) In calculating for the purposes of subsection (1) or (4) the length of the period for which a person is entitled to a contributory allowance, the following are not to be counted—
(a) days in which the person is a member of the support group,
(b) days not falling within paragraph (a) in respect of which the person is entitled to the support component referred to in section 2(1)(b), and
(c) days in the assessment phase, where the days immediately following that phase fall within paragraph (a) or (b).
(6) In calculating for the purposes of subsection (1) or (4) the length of the period for which a person is entitled to a contributory allowance, days occurring before the coming into force of this section are to be counted (as well as those occurring afterwards).
(2) In section 25 of that Act (regulations)—
(a) in the heading, after “regulations” there is inserted “and orders“;
(b) in subsection (1), after “regulations” there is inserted “or an order“.
(3) In section 26 of that Act (Parliamentary control), at the end there is inserted—
(3) A statutory instrument containing an order under section 1A shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) In Schedule 4 to that Act (transition relating to Part 1), in paragraph 7(2), at the end there is inserted—
(f) make provision modifying the application of section 1A in relation to awards of an employment and support allowance to persons previously entitled to existing awards.
(1) After section 1A of the Welfare Reform Act 2007 (as inserted by section 51 above) there is inserted—
Further entitlement after time-limiting
1B (1) Where a person's entitlement to a contributory allowance has ceased as a result of section 1A (1) or (4) but—
(a) the person has not at any subsequent time ceased to have (or to be treated as having) limited capability for work,
(b) the person satisfies the basic conditions, and
(c) the person has (or is treated as having) limited capability for work-related activity,
the claimant is entitled to an employment and support allowance by virtue of this section.
(2) An employment and support allowance entitlement to which is based on this section is to be regarded as a contributory allowance for the purposes of this Part.
(2) In section 1 of that Act (employment and support allowance), in the definition of “contributory allowance” in subsection (7), after “subsection (2)(a)” there is inserted “ (and see section 1B(2)) ”.
In section 1 of the Welfare Reform Act 2007 (employment and support allowance), after subsection (3) there is inserted—
(3A) After the coming into force of this subsection no claim may be made for an employment and support allowance by virtue of the third condition set out in Part 1 of Schedule 1 (youth).
54 Claimant commitment for employment and support allowance
(1) The Welfare Reform Act 2007 is amended as follows.
(2) In section 1(3) (employment and support allowance: basic conditions) after paragraph (a) there is inserted—
(aa) has accepted a claimant commitment,
.
(3) After section 1B (as inserted by section 52 above) there is inserted—
Claimant commitment
1C (1) For the purposes of this Part a “claimant commitment” is a record of the claimant's responsibilities in relation to an award of an employment and support allowance.
(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.
(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
(b) 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 as may be prescribed.
(6) Regulations may provide that, in prescribed circumstances, a claimant is to be treated as having satisfied the condition mentioned in section 1(3)(aa).
(4) In section 15(2)(b) (directions about work-related activity) for the words from “by” to “14” there is substituted “ in such manner as the Secretary of State thinks fit ”.
(5) In section 16(1) (contracting out) before paragraph (a) there is inserted—
(za) any function under section 1C in relation to a claimant commitment;
.
(6) In Schedule 2 (supplementary provisions) after paragraph 4 there is inserted—
4A Regulations may prescribe circumstances in which a person may be entitled to employment and support allowance without having accepted a claimant commitment.
(7) In section 31(2) of the Welfare Reform Act 2009 (action plans: well-being of children), in subsection (5) inserted into section 14 of the Welfare Reform Act 2007, after “preparing any” there is inserted “ claimant commitment or ”.
In section 13 of the Welfare Reform Act 2007 (work-related activity), after subsection (7) there is inserted—
(8) The reference to activity in subsection (7) includes work experience or a work placement.
In the Welfare Reform Act 2007 after section 16 there is inserted—
Hardship payments
16A (1) Regulations may make provision for the making of payments (“hardship payments”) by way of an employment and support allowance to a person where—
(a) the amount otherwise payable to the person in respect of an employment and support allowance is reduced by virtue of regulations under section 11(3), 12(3) or 13(3), and
(b) the person is or will be in hardship.
(2) Regulations under this section may in particular make provision as to—
(a) circumstances in which a person is to be treated as being or not being in hardship;
(b) matters to be taken into account in determining whether a person is or will be in hardship;
(c) requirements or conditions to be met by a person in order to receive hardship payments;
(d) the amount or rate of hardship payments;
(e) the period for which hardship payments may be made.
57 Claimant responsibilities for employment and support allowance
(1) The Welfare Reform Act 2007 is amended as follows.
(2) For sections 11 to 16 (and the italic heading preceding section 11) there is substituted—
Work-related requirements
Work-related requirements
11 (1) The following provisions of this Part provide for the Secretary of State to impose work-related requirements with which persons entitled to an employment and support allowance must comply for the purposes of this Part.
(2) In this Part “work-related requirement” means—
(a) a work-focused interview requirement (see section 11B);
(b) a work preparation requirement (see section 11C).
(3) The work-related requirements which may be imposed on a person depend on which of the following groups the person falls into—
(a) persons subject to no work-related requirements (see section 11D);
(b) persons subject to work-focused interview requirement only (see section 11E);
(c) persons subject to work-focused interview and work preparation requirements (see section 11F).
Claimant commitment
11A (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 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 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.
(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.
Work-focused interview requirement
11B (1) In this Part a “work-focused interview requirement” is a requirement 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 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.
Work preparation requirement
11C (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 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—
(a) attending a skills assessment;
(b) improving personal presentation;
(c) participating in training;
(d) participating in an employment programme;
(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) 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 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—
(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
(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.
Persons subject to no work-related requirements
11D (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,
(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.
(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;
“severely disabled“ has such meaning as may be prescribed.
Persons subject to work-focused interview requirement only
11E (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 than 3), or
(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 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).
Persons subject to work preparation and work-focused interview requirement
11F (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 within this section.
Connected requirements
11G (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—
(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.
(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 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—
(a) the imposition of work-related requirements on the person;
(b) the person's compliance with a work-related requirement.
Imposition of requirements
11H (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;
(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 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 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 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.
(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
(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 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 prescribed period has not expired since the violence was inflicted or threatened.
Compliance with requirements
11I Regulations may make provision as to circumstances in which a person is to be treated as having—
(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.
Sanctions
11J (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 requirement;
(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.
(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—
(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
(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 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;
(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 a prescribed period of the termination;
(c) for the termination or suspension of a reduction under this section.
Delegation and contracting out
11K (1) The functions of the Secretary of State under sections 11 to 11I may be 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;
(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;
(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 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 authorised person and the Secretary of State as relates to the exercise of the function, or
(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).
(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,
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 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)—
(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 2012);
;
“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;
;
“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 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 ”.
(6) In section 26 (parliamentary control), in subsection (1), after paragraph (a) there is inserted—
(aa) the first regulations under section 11D(2)(d) or 11J,
.
(7) 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—
(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 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 ”.
(8) In that Schedule, after paragraph 10A there is inserted—
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.
(9) In that Schedule, in paragraph 13 (information), for “13” there is substituted “ 11K ”.
58 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 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 heading and in subsection (1), for “7“ there is substituted “ 5 ”.
(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 provision for review of the provisions repealed by this section) are repealed.
(1) In Part 5 of the Social Security Contributions and Benefits Act 1992 (industrial 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”;
(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) 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 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.
(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 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. ”;
(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 monetary amount specified;
(b) paragraph (b) is repealed, including the monetary amount specified.
(1) After section 95 of the Social Security Contributions and Benefits Act 1992 there is inserted—
Employment training schemes etc
95A (1) In the industrial injuries and diseases provisions any reference to employed earner's employment shall be taken to include participation in an employment training scheme or employment training course of a prescribed description (and “employed earner” shall be construed accordingly).
(2) In those provisions, a reference to an employer, in relation to any such participation, shall be taken to be a prescribed person.
(3) In this section “industrial injuries and diseases provisions” has the same meaning as in section 95(4) above.
(2) In section 11 of the Employment and Training Act 1973 (financial provision), in subsection (3) (power to make payments in respect of trainees equivalent to social security benefits payable in respect of employees), for “Parts II to V” there is substituted “Parts 2 to 4“.
(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, payments were payable under section 11(3) of the Employment and Training Act 1973;
(b) for claims for such payments 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.
(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.
67 Restriction on new claims for industrial death benefit
In Part 6 of Schedule 7 to the Social Security Contributions and Benefits Act 1992 (industrial death benefit), in paragraph 14, after sub-paragraph (1) there is inserted—
(1A) No claim may be made for industrial death benefit after the coming into force of this sub-paragraph.
(1) Section 29(2) of the Social Security Act 1998 (which provides for decisions as to whether an accident is an industrial accident in the absence of a claim for benefit) is repealed.
(2) In section 30 of that Act (effect of decision), in subsection (1), the words from “(given” to “otherwise)” are repealed.
69 Housing benefit: determination of appropriate maximum
(1) Section 130A of the Social Security Contributions and Benefits Act 1992 (appropriate maximum housing benefit) is amended as follows.
(2) In subsection (3), for “The regulations may provide” there is substituted “ The provision which may be made by the regulations includes provision ”.
(3) For subsections (5) and (6) there is substituted—
(5) The regulations may, for the purpose of determining the AMHB, provide for the amount of the liability mentioned in section 130(1)(a) above to be taken to be an amount other than the actual amount of that liability (and, without prejudice to the generality of this subsection, may provide for it to be taken to be the amount of a rent officer determination).
(6) The regulations may, for that purpose, make provision for determining the amount of liability under section 130(1)(a) above which a person is treated as having by virtue of regulations under section 137(2)(j) below (and, without prejudice to the generality of this subsection, may provide for that amount to be the amount of a rent officer determination).
(4) In section 176(1) of that Act (Parliamentary control), after paragraph (aa) there is inserted—
(ab) the first regulations made by virtue of section 130A(5) or (6);
.
(1) Section 138(1)(b) of the Social Security Contributions and Benefits Act 1992 (discretionary payments out of social fund) is repealed.
(2) In consequence of the provision made by subsection (1), the office of the social fund Commissioner is abolished.
(3) Payments are to be made out of the social fund into the Consolidated Fund in respect of—
(a) amounts allocated under section 168 of the Social Security Administration Act 1992 to the making of such payments as are mentioned in section 138(1)(b) but which are not so applied in consequence of subsection (1);
(b) sums relating to such payments as are mentioned in section 138(1)(b) that are paid into the social fund under section 164 of the Social Security Administration Act 1992.
(4) The payments are to be such as the Secretary of State determines in accordance with any directions of the Treasury to be appropriate.
(5) Subsection (3) is not to prevent the Secretary of State from re-allocating amounts allocated under section 168(1) of the Social Security Administration Act 1992.
(6) The Secretary of State may by order provide for the transfer of property, rights and liabilities from the social fund Commissioner.
(7) An order under this section may—
(a) provide for the transfer of property, rights and liabilities whether or not they would otherwise be capable of being transferred;
(b) make such supplementary, incidental, consequential or transitional provision as the Secretary of State considers appropriate.
(8) An order under this section is to be made by statutory instrument.
(9) A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(10) Schedule 8 contains consequential amendments.
In section 138 of the Social Security Contributions and Benefits Act 1992 (payments out of the social fund), in subsection (1)(b), for “to meet other needs” there is substituted
to meet—
(i) other needs, and
(ii) in the case of payments by way of budgeting loan, those needs for which provision is made by paragraph (a),
.
72 Determination of amount or value of budgeting loan
(1) Section 140 of the Social Security Contributions and Benefits Act 1992 (principles of determination) is amended as follows.
(2) In subsection (4), after paragraph (d) there is inserted—
(da) that the amount or value of a budgeting loan is not to exceed a sum specified or determined as specified in the direction;
.
(3) After subsection (4) there is inserted—
(4ZA) A direction under subsection (4)(da) may require the sum to be determined by applying, or by a method that includes applying, a multiplier specified in the direction in circumstances specified in the direction to the most recent relevant sum published by the Secretary of State.
(4ZB) A relevant sum is a sum determined from time to time by reference to so much of any relevant allocation under section 168(1) to (4) of the Administration Act as is available for making payments.
73 External provider social loans and community care grants
Sections 16 to 21 of the Welfare Reform Act 2009 (provisions relating to external provider social loans and community care grants), which have not been brought into force, are repealed.
(1) Step 5 in regulation 7(3) of the 2002 Regulations has effect in relation to awards of working tax credit for the whole or part of the relevant year as if from the beginning of the day on 6 April 2011 the percentage to be applied under step 5 in finding the amount of the reduction were 41% (instead of 39%).
(2) Anything done by the Commissioners before the coming into force of this section in relation to awards of working tax credit for the whole or part of the relevant year is to be treated as having been duly done, if it would have been duly done but for being done on the basis that from the beginning of the day on 6 April 2011 the percentage to be applied under step 5 was 41%.
(3) In this section—
“the 2002 Regulations” means the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002 (S.I. 2002/2008);
“the Commissioners” means the Commissioners for Her Majesty's Revenue and Customs;
“the relevant year” means the year beginning with 6 April 2011.
(1) An allowance known as personal independence payment is payable in accordance with this Part.
(2) A person's entitlement to personal independence payment may be an entitlement to—
(a) the daily living component (see section 78);
(b) the mobility component (see section 79); or
(c) both those components.
(3) A person is not entitled to personal independence payment unless the person meets prescribed conditions relating to residence and presence in Great Britain.
(4) A person is not entitled to personal independence payment while they are entitled to Scottish adult disability living allowance, pension age disability payment, adult disability payment or child disability payment.
(1) A person is entitled to the daily living component at the standard rate if—
(a) the person's ability to carry out daily living activities is limited by the person's physical or mental condition; and
(b) the person meets the required period condition.
(2) A person is entitled to the daily living component at the enhanced rate if—
(a) the person's ability to carry out daily living activities is severely limited by the person's physical or mental condition; and
(b) the person meets the required period condition.
(3) In this section, in relation to the daily living component—
(a) “the standard rate” means such weekly rate as may be prescribed;
(b) “the enhanced rate” means such weekly rate as may be prescribed.
(4) In this Part “daily living activities“ means such activities as may be prescribed for the purposes of this section.
(5) See sections 80 and 81 for provision about determining—
(a) whether the requirements of subsection (1)(a) or (2)(a) above are met;
(b) whether a person meets “the required period condition” for the purposes of subsection (1)(b) or (2)(b) above.
(6) This section is subject to the provisions of this Part, or regulations under it, relating to entitlement to the daily living component (see in particular sections 82 (persons who are terminally ill) and 83 (persons of pensionable age)).
(1) A person is entitled to the mobility component at the standard rate if—
(a) the person is of or over the age prescribed for the purposes of this subsection;
(b) the person's ability to carry out mobility activities is limited by the person's physical or mental condition; and
(c) the person meets the required period condition.
(2) A person is entitled to the mobility component at the enhanced rate if—
(a) the person is of or over the age prescribed for the purposes of this subsection;
(b) the person's ability to carry out mobility activities is severely limited by the person's physical or mental condition; and
(c) the person meets the required period condition.
(3) In this section, in relation to the mobility component—
(a) “the standard rate” means such weekly rate as may be prescribed;
(b) “the enhanced rate” means such weekly rate as may be prescribed.
(4) In this Part “mobility activities” means such activities as may be prescribed for the purposes of this section.
(5) See sections 80 and 81 for provision about determining—
(a) whether the requirements of subsection (1)(b) or (2)(b) above are met;
(b) whether a person meets “the required period condition” for the purposes of subsection (1)(c) or (2)(c) above.
(6) This section is subject to the provisions of this Part, or regulations under it, relating to entitlement to the mobility component (see in particular sections 82 and 83).
(7) Regulations may provide that a person is not entitled to the mobility component for a period (even though the requirements in subsection (1) or (2) are met) in prescribed circumstances where the person's condition is such that during all or most of the period the person is unlikely to benefit from enhanced mobility.
80 Ability to carry out daily living activities or mobility activities
(1) For the purposes of this Part, the following questions are to be determined in accordance with regulations—
(a) whether a person's ability to carry out daily living activities is limited by the person's physical or mental condition;
(b) whether a person's ability to carry out daily living activities is severely limited by the person's physical or mental condition;
(c) whether a person's ability to carry out mobility activities is limited by the person's physical or mental condition;
(d) whether a person's ability to carry out mobility activities is severely limited by the person's physical or mental condition.
(2) Regulations must make provision for determining, for the purposes of each of sections 78(1) and (2) and 79(1) and (2), whether a person meets “the required period condition” (see further section 81).
(3) Regulations under this section—
(a) must provide for the questions mentioned in subsections (1) and (2) to be determined, except in prescribed circumstances, on the basis of an assessment (or repeated assessments) of the person;
(b) must provide for the way in which an assessment is to be carried out;
(c) may make provision about matters which are, or are not, to be taken into account in assessing a person.
(4) The regulations may, in particular, make provision—
(a) about the information or evidence required for the purpose of determining the questions mentioned in subsections (1) and (2);
(b) about the way in which that information or evidence is to be provided;
(c) requiring a person to participate in such a consultation, with a person approved by the Secretary of State, as may be determined under the regulations (and to attend for the consultation at a place, date and time determined under the regulations).
(5) The regulations may include provision—
(a) for a negative determination to be treated as made if a person fails without a good reason to comply with a requirement imposed under subsection (4);
(b) about what does or does not constitute a good reason for such a failure;
(c) about matters which are, or are not, to be taken into account in determining whether a person has a good reason for such a failure.
(6) In subsection (5)(a) a “negative determination” means a determination that a person does not meet the requirements of—
(a) section 78(1)(a) and (b) or (2)(a) and (b) (daily living component);
(b) section 79(1)(a) to (c) or (2)(a) to (c) (mobility component).
(1) Regulations under section 80(2) must provide for the question of whether a person meets “the required period condition” for the purposes of section 78(1) or (2) or 79(1) or (2) to be determined by reference to—
(a) whether, as respects every time in the previous 3 months, it is likely that if the relevant ability had been assessed at that time that ability would have been determined to be limited or (as the case may be) severely limited by the person's physical or mental condition; and
(b) whether, as respects every time in the next 9 months, it is likely that if the relevant ability were to be assessed at that time that ability would be determined to be limited or (as the case may be) severely limited by the person's physical or mental condition.
(2) In subsection (1) “the relevant ability” means—
(a) in relation to section 78(1) or (2), the person's ability to carry out daily living activities;
(b) in relation to section 79(1) or (2), the person's ability to carry out mobility activities.
(3) In subsection (1)—
(a) “assessed” means assessed in accordance with regulations under section 80;
(b) “the previous 3 months” means the 3 months ending with the prescribed date;
(c) “the next 9 months” means the 9 months beginning with the day after that date.
(4) Regulations under section 80(2) may provide that in prescribed cases the question of whether a person meets “the required period condition” for the purposes of section 78(1) or (2) or 79(1) or (2)—
(a) is not to be determined in accordance with the provision made by virtue of subsections (1) to (3) above;
(b) is to be determined in accordance with provision made in relation to those cases by the regulations.
(1) This section applies to a person who—
(a) is terminally ill; and
(b) has made a claim for personal independence payment expressly on the ground of terminal illness.
(2) A person to whom this section applies is entitled to the daily living component at the enhanced rate (and accordingly section 78(1) and (2) do not apply to such a person).
(3) Section 79(1)(c) and (2)(c) (required period condition for mobility component) do not apply to a person to whom this section applies.
(4) For the purposes of this section a person is “terminally ill” at any time if at that time the person suffers from a progressive disease and the person's death in consequence of that disease can reasonably be expected within 12 months.
(5) For the purposes of this section, where—
(a) a person purports to make a claim for personal independence payment on behalf of another, and
(b) the claim is made expressly on the ground that the person on whose behalf it purports to be made is terminally ill,
that person is to be regarded as making the claim despite its being made without that person's knowledge or authority.
(6) In subsection (2) “the enhanced rate” has the meaning given by section 78(3).
(1) A person is not entitled to the daily living component or the mobility component for any period after the person reaches the relevant age.
(2) In subsection (1) “the relevant age” means—
(a) pensionable age (within the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995); or
(b) if higher, 65.
(3) Subsection (1) is subject to such exceptions as may be provided by regulations.
84 No entitlement to daily living component where UK is not competent state
(1) A person to whom a relevant EU Regulation applies is not entitled to the daily living component for a period unless during that period the United Kingdom is competent for payment of sickness benefits in cash to the person for the purposes of Chapter 1 of Title III of the Regulation in question.
(2) Each of the following is a “relevant EU Regulation” for the purposes of this section—
(a) Council Regulation (EC) No 1408/71 of 14 June 1971 , as amended from time to time, on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community;
(b) Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 , as amended from time to time, on the coordination of social security systems.
(1) Regulations may provide that no amount in respect of personal independence payment which is attributable to entitlement to the daily living component is payable in respect of a person for a period when the person meets the condition in subsection (2).
(2) The condition is that the person is a resident of a care home in circumstances in which any of the costs of any qualifying services provided for the person are borne out of public or local funds by virtue of a specified enactment.
(3) In this section “care home” means an establishment that provides accommodation together with nursing or personal care.
(4) The following are “qualifying services“ for the purposes of subsection (2)—
(a) accommodation;
(b) board;
(c) personal care;
(d) such other services as may be prescribed.
(5) The reference in subsection (2) to a “specified enactment” is to an enactment which is specified for the purposes of that subsection by regulations or is of a description so specified.
(6) The power to specify an enactment for the purposes of subsection (2) includes power to specify it only in relation to its application for a particular purpose.
(7) In this section “enactment” includes an enactment comprised in an Act of the Scottish Parliament or in an instrument made under such an Act.
(1) Regulations may provide as mentioned in either or both of the following paragraphs—
(a) that no amount in respect of personal independence payment which is attributable to entitlement to the daily living component is payable in respect of a person for a period when the person meets the condition in subsection (2);
(b) that no amount in respect of personal independence payment which is attributable to entitlement to the mobility component is payable in respect of a person for a period when the person meets the condition in subsection (2).
(2) The condition is that the person is undergoing medical or other treatment as an in-patient at a hospital or similar institution in circumstances in which any of the costs of the treatment, accommodation and any related services provided for the person are borne out of public funds.
(3) For the purposes of subsection (2) the question of whether any of the costs of medical or other treatment, accommodation and related services provided for a person are borne out of public funds is to be determined in accordance with the regulations.