Legislation – Welfare Reform Act 2012

“9Claimant commitment

(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.”

“10Variation of claimant commitment

(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.”

““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;”.

“19Higher-level sanctions

(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.

19AOther sanctions

(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.

19BClaimants ceasing to be available for employment etc

(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.

19CHardship payments

(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.”

“(ab)

the first regulations to be made under sections 19 to 19C;”.

“Work-related requirements

6Work-related requirements

(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).

6AClaimant commitment

(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.

6BWork-focused interview requirement

(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.

6CWork preparation requirement

(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).

6DWork search requirement

(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.

6EWork availability requirement

(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.

6FImposition of work-related requirements

(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.

6GConnected requirements

(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.

6HImposition of work-related and connected requirements: supplementary

(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.

6ICompliance with work-related and connected requirements

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.

6JHigher-level sanctions

(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.

6KOther sanctions

(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.

6LDelegation and contracting out

(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).”

““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;”.

“(aa)

the first regulations to be made under section 6J or 6K;”.