Welfare Reform Act 2009

Directions given by officers of the Secretary of State etc.

4 After section 18 insert—

“Claimants to comply with directions etc.

18A Requirements imposed on claimants by officers of the Secretary of State

(1) A claimant must carry out any direction given by an officer of the Secretary of State to the claimant with a view to achieving one or both of the following—

(a) assisting the claimant to find employment;

(b) improving the claimant’s existing or future prospects of being or remaining employed.

(2) A direction under subsection (1)—

(a) must be reasonable, having regard to the claimant’s circumstances;

(b) must be in writing; and

(c) may be varied or revoked by a subsequent direction given under that subsection.

(3) If an officer of the Secretary of State notifies a claimant of a place on a training scheme which is vacant or about to become vacant, the claimant—

(a) must apply for the place, and

(b) if offered the place, must accept it and attend the scheme.

(4) If an officer of the Secretary of State notifies a claimant of a place on an employment programme which is vacant or about to become vacant, the claimant—

(a) must apply for the place, and

(b) if offered the place, must accept it and attend the programme.

(5) If an officer of the Secretary of State notifies a claimant of a situation in any employment which is vacant or about to become vacant, the claimant—

(a) must apply for the situation, and

(b) if offered the situation, must accept it.

(6) In the case of a person whose claim to a jobseeker’s allowance is based on meeting condition B in section 1A—

(a) a subsection (1)(a) direction may not be given except as mentioned in subsection (7); and

(b) subsections (4) and (5) do not apply (but see subsection (7)).

(7) If a person whose claim to a jobseeker’s allowance is based on meeting condition B in section 1A so agrees—

(a) a subsection (1)(a) direction may be given to the person; and

(b) a subsection (1)(b) direction may require the person to apply for a place on an employment programme and, if offered the place, accept it and attend the programme.

(8) Regulations may, in the case of a person of a prescribed description whose claim to a jobseeker’s allowance is based on meeting condition B in section 1A, provide—

(a) for a subsection (1)(b) direction not to be given or not to be given in prescribed circumstances;

(b) for subsection (3) not to apply or not to apply in prescribed circumstances.

(9) For the purposes of this section—

• “employment programme” has such meaning as may be prescribed;

• “subsection (1)(a) direction” means a direction under subsection (1) given with a view to achieving the purpose mentioned in paragraph (a) of that subsection;

• “subsection (1)(b) direction” means a direction under subsection (1) given with a view to achieving the purpose mentioned in paragraph (b) of that subsection;

• “training scheme” has such meaning as may be prescribed.

(10) For the purposes of the application of this section in the case of a joint-claim couple claiming a joint-claim jobseeker’s allowance—

(a) a direction or notification under this section may be given to only one member of the couple, or

(b) separate directions or notifications under this section may be given to each member of the couple,

and references in this section to a claimant are to be read accordingly.

(11) Nothing in any provision of this section is to be read as prejudicing the generality of any other provision of this section or of section 18B.

(12) For the sanctions for failure to comply with this section, see sections 19 and 20A (as read with sections 18C and 18D).

18B Work-related activity: section 1A(4) claimants

(1) Regulations may make provision for or in connection with imposing on a person—

(a) whose claim to a jobseeker’s allowance is based on meeting condition B in section 1A, and

(b) who is not a lone parent of a child under the age of 3,

a requirement to undertake work-related activity in accordance with regulations.

(2) Regulations under this section may, in particular, make provision—

(a) prescribing circumstances in which a person is to be subject to any requirement imposed by the regulations (a “relevant requirement”);

(b) for notifying a person of a relevant requirement;

(c) prescribing the time or times at which a person who is subject to a relevant requirement is required to undertake work-related activity and the amount of work-related activity the person is required at any time to undertake;

(d) prescribing circumstances in which a person who is subject to a relevant requirement is, or is not, to be regarded as undertaking work-related activity.

(3) Regulations under this section may include provision that in such circumstances as the regulations may provide a person’s obligation under the regulations to undertake work-related activity at a particular time is not to apply, or is to be treated as not having applied.

(4) Regulations under this section must include provision for securing that lone parents are entitled (subject to meeting any prescribed conditions) to restrict the times at which they are required to undertake work-related activity.

(5) In prescribed circumstances, the Secretary of State may by direction given to a person subject to a requirement imposed under subsection (1) provide that the activity specified in the direction is—

(a) to be the only activity which, in the person’s case, is to be regarded as being work-related activity; or

(b) to be regarded, in the person’s case, as not being work-related activity.

(6) But a direction under subsection (5) may not specify medical or surgical treatment as the only activity which, in any person’s case, is to be regarded as being work-related activity.

(7) A direction under subsection (5) given to any person—

(a) must be reasonable, having regard to the person’s circumstances;

(b) must be given to the person by being included in an action plan provided to the person under section 11C; and

(c) may be varied or revoked by a subsequent direction under that subsection.

(8) Where a direction under subsection (5) varies or revokes a previous direction, it may provide for the variation or revocation to have effect from a time before the giving of the direction.

(9) For the purposes of this section—

• “lone parent” means a person who—

  (a)

  is not a member of a couple, and

  (b)

  is responsible for, and a member of the same household as, a child;

• “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.

(10) Nothing in this section is to be read as prejudicing the generality of any provision of section 18A.

(11) For the sanctions for failure to comply with this section, see section 19 (as read with sections 18C and 18D).”