Legislation – Welfare Reform Act 2009

Part 1
Social security

1 Schemes for assisting persons to obtain employment: “work for your benefit” schemes etc.

2 Work-related activity: income support claimants and partners of claimants

4 Entitlement to jobseeker’s allowance without seeking employment etc.

5 Couples where at least one member capable of work

6 Statutory sick pay and employment and support allowance

7 Transitional provision relating to sections 4 to 6

8 Parliamentary procedure: regulations imposing work-related activity requirements on lone parents of children under 7

9 Abolition of income support

10 Power to direct claimant to undertake specific work-related activity

11 Claimants dependent on drugs etc.

12 Conditions for contributory jobseeker’s allowance

13 Conditions for contributory employment and support allowance

14 Mobility component

15 Maternity allowance and carer’s allowance

16 External provider social loans

17 Power to restrict availability of social fund loans

18 Supply of information to or by lenders making external provider social loans

19 Community care grants relating to specified goods or services

20 Community care grants: reviews and information

21 Regulations relating to information: parliamentary control

22 Payments on account

23 Power to up-rate benefits following review in tax year 2009-10

24 Loss of benefit provisions

25 Jobseeker’s allowance: sanctions for violent conduct etc. in connection with claim

26 Repeal of sections 62 to 66 of the Child Support, Pensions and Social Security Act 2000

27 State pension credit: pilot schemes

28 Period for which pilot schemes have effect etc.

29 Exemption from jobseeking conditions for victims of domestic violence

30 Good cause for failure to comply with regulations etc.

31 Jobseekers’ agreements and action plans: well-being of children

32 Contracting out functions under Jobseekers Act 1995

33 Attendance in connection with jobseeker’s allowance: sanctions

34 Social security information and employment or training information

35 Persons under pensionable age to take part in work-focused interviews etc.

36 Power to rename council tax benefit

37 Minor amendments

Part 2
Disabled people: right to control provision of services

38 Purpose of Part 2

39 Relevant services

40 Relevant authority

41 Power to make provision enabling exercise of greater choice and control

42 Provision that may be made about direct payments

43 Exercise of rights on behalf of persons who lack capacity

44 Pilot schemes

45 The appropriate authority by which regulations under section 41 are made

46 Regulations under section 41: supplementary provisions

47 Consultation

48 Power to repeal exclusion of community care services

49 Regulations and orders: control by Parliament or other legislature

50 Interpretation of Part 2

Part 3
Child maintenance

51 Disqualification for holding etc. driving licence or travel authorisation

52 Report on operation of driving licence amendments

53 Report on operation of passport amendments

54 Payments of child support maintenance

55 Child support maintenance: offences relating to information

Part 4
Birth registration

56 Registration of births

Part 5
General

57 Consequential amendments of subordinate legislation

58 Repeals and revocations

59 Financial provisions

61 Commencement

SCHEDULES

Schedule 1 Amendments connected to section 4

Schedule 2 Abolition of income support: consequential amendments

Schedule 3 Claimants dependent on drugs etc.

Schedule 4 Loss of benefit provisions: further amendments

Schedule 5 Section 51: consequential amendments etc.

Schedule 6 Registration of births

Schedule 7 Repeals and revocations

Which version?
Latest available (Revised)
Original (As enacted)

Changes to legislation:

Welfare Reform Act 2009, Section 5 is up to date with all changes known to be in force on or before 02 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

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Part 1Social security

Revised system of working-age benefits

5Couples where at least one member capable of work

(1)

In section 124 of the Social Security Contributions and Benefits Act 1992 (c. 4)
(conditions for income support)—

(a)

in subsection (1), after paragraph (g)
(but before the “and” at the end of it) insert—

“(ga)

except in such circumstances as may be prescribed, if he is a member of a couple, the other member of the couple has limited capability for work;”,

(b)

after subsection (6) insert—

“(6A)

The question whether a person has, or does not have, limited capability for work shall be determined for the purposes of this section in accordance with the provisions of Part 1 of the Welfare Reform Act 2007 (employment and support allowance).

(6B)

References in that Part to the purposes of that Part shall be construed, where the provisions of that Part have effect for the purposes of this section, as references to the purposes of this section.”, and

(c)

in subsection (7), for “Part 1 of the Welfare Reform Act 2007 (employment and support allowance)” substitute “
that Part
”.

(2)

In paragraph 6 of Schedule 1 to the Welfare Reform Act 2007 (c. 5)
(conditions for income-related employment and support allowance)—

(a)

in sub-paragraph (1), after paragraph (d) insert—

“(da)

is not a member of a couple the other member of which does not have limited capability for work;”, and”

(b)

after sub-paragraph (2) insert—

“(2A)

Regulations may prescribe circumstances in which sub-paragraph (1)(da) does not apply.”