Legislation – Welfare Reform Act 2009

“Violent conduct etc. in connection with claim

20CSanctions for violent conduct etc. in connection with claim

(1)

This section applies if—

(a)

a person (“the offender”) is convicted of, or in England and Wales is cautioned in respect of, an offence involving violence or harassment,

(b)

the conduct constituting the offence was done to, or in relation to, a person who was in the course of exercising functions under this Act on any premises,

(c)

the conduct occurred while the offender was on those premises for the purposes of a claim to a jobseeker’s allowance, and

(d)

the offender is a person, or a member of a joint-claim couple, with respect to whom the conditions for entitlement to a jobseeker’s allowance are or become satisfied.

(2)

In the case of a jobseeker’s allowance other than a joint-claim jobseeker’s allowance—

(a)

the allowance is not to be payable in respect of the offender for the period of one week beginning with such date as may be prescribed (even though the conditions for entitlement are satisfied); and

(b)

on the first occasion (if any) on which another sanctions provision applies in the case of the offender, the sanctions period is to be extended in that case by a period of five weeks.

(3)

For the purposes of subsection (2)(b)—

(a)

the reference to another sanctions provision is to any provision made by or under this Act (other than subsection (2)) which provides for a jobseeker’s allowance not to be payable for a period; and

(b)

the reference to the sanctions period is to the period for which the allowance would (but for subsection (2)(b)) not be payable by virtue of that provision.

(4)

In the case of a joint-claim jobseeker’s allowance—

(a)

the offender is to be treated as subject to sanctions for the purposes of section 20A for the period of one week beginning with such date as may be prescribed (even though the conditions for entitlement are satisfied); and

(b)

on the first occasion (if any) on which another sanctions provision applies in the case of the offender, the sanctions period is to be extended in that case by a period of five weeks.

(5)

For the purposes of subsection (4)(b)—

(a)

the reference to another sanctions provision is to any provision made by or under this Act (other than subsection (4)) which provides for a member of a joint-claim couple to be (or be treated as being) subject to sanctions for the purposes of section 20A for a period; and

(b)

the reference to the sanctions period is to the period for which the member of the couple would (but for subsection (4)(b)) be (or be treated as being) subject to sanctions for those purposes by virtue of that provision.

(6)

Regulations may make provision for subsections (2) and (4) not to apply at any time after the end of a prescribed period or otherwise in prescribed circumstances.

(7)

Regulations may make provision for an income-based jobseeker’s allowance to be payable in prescribed circumstances even though the preceding provisions of this section prevent payment of it.

This subsection does not apply in the case of a joint-claim jobseeker’s allowance (corresponding provision for which is made by section 20B(4)).

(8)

The provision that may be made by regulations by virtue of subsection (7) includes, in particular, provision for the allowance to be—

(a)

payable only if prescribed requirements as to the provision of information are complied with;

(b)

payable at a prescribed rate;

(c)

payable for only part of a week.

(9)

If—

(a)

a jobseeker’s allowance was not payable, or was payable at a reduced rate, as a result of the application of this section in a case where a person was convicted of an offence involving violence or harassment, and

(b)

the person’s conviction is subsequently quashed,

all such payments and other adjustments are to be made as would be necessary if the person had never been convicted of the offence.

20DSection 20C: supplementary

(1)

For the purposes of section 20C in its application in relation to England and Wales each of the following is an offence involving violence or harassment—

(a)

common assault or battery;

(b)

an offence under section 16, 18, 20 or 47 of the Offences against the Person Act 1861;

(c)

an offence under section 3, 4, 4A or 5 of the Public Order Act 1986;

(d)

an offence under section 2 or 4 of the Protection from Harassment Act 1997;

(e)

an offence under section 29, 31 or 32 of the Crime and Disorder Act 1998;

(f)

an ancillary offence in relation to an offence within any of paragraphs (a) to (e).

(2)

In subsection (1)(f) “ancillary offence”, in relation to an offence, means any of the following—

(a)

aiding, abetting, counselling or procuring the commission of the offence;

(b)

an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to the offence;

(c)

attempting or conspiring to commit the offence.

(3)

For the purposes of section 20C in its application in relation to Scotland each of the following is an offence involving violence or harassment—

(a)

assault;

(b)

a breach of the peace;

(c)

an offence under section 50A of the Criminal Law (Consolidation) Scotland Act 1995;

(d)

an ancillary offence in relation to an offence within any of paragraphs (a) to (c).

(4)

In subsection (3)(d) “ancillary offence”, in relation to an offence, means any of the following—

(a)

being art and part in the commission of the offence or counselling or procuring its commission;

(b)

inciting a person to commit the offence;

(c)

attempting or conspiring to commit the offence.

(5)

For the purposes of section 20C references to a conviction include references to a conviction in relation to which the court makes an order for conditional discharge or a court in Scotland makes a probation order.

(6)

For the purposes of section 20C “cautioned” means—

(a)

cautioned after the person concerned has admitted the offence, or

(b)

reprimanded or warned within the meaning given by section 65 of the Crime and Disorder Act 1998.

(7)

Regulations may make provision for or in connection with requiring such persons as may be prescribed to notify the Secretary of State about prescribed matters for the purposes of section 20C.

(8)

Regulations may amend subsections (1) to (4) by adding or removing an offence.”