Welfare Reform Act 2009 Explanatory Notes

1. Introduction

2. Background and Summary

   1. Part 1 – Social security

   2. Part 2 – Disabled people: right to control provision of services

   3. Part 3 - Child maintenance

   4. Part 4 – Birth registration

   5. Part 5 – General

3. Territorial Extent

4. Commentary on Sections

   1. Part 1 – Social Security

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

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

      3. Section 3: Lone parents

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

      5. Section 5: Couples where at least one member capable of work

      6. Section 6: Statutory sick pay and employment and support allowance

      7. Section 7: Transitional provision relating to sections 4 to 6

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

      9. Section 9: Abolition of income support

      10. Section 10: Power to direct claimant to undertake specific work-related activity

      11. Section 11: Claimants dependent on drugs etc.

      12. Section 12: Conditions for contributory jobseeker’s allowance

      13. Section 13: Conditions for contributory employment and support allowance

      14. Section 14: Mobility component

      15. Section 15: Maternity allowance and carer’s allowance

      16. Section 16: External provider social loans

      17. Section 17: Power to restrict availability of social fund loans

      18. Section 18: Supply of information in connection with external provider social loans

      19. Section 19: Community care grants relating to specified goods or services

      20. Section 20: Community care grants: reviews and information

      21. Section 21: Regulations relating to information: parliamentary control

      22. Section 22: Payments on account

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

      24. Section 24: Loss of benefit provisions

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

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

      27. Section 27: State pension credit: pilot schemes

      28. Section 28: Period for which pilot schemes have effect etc.

      29. Section 29: Exemption from jobseeking conditions for victims of domestic violence

      30. Section 30: Good cause for failure to comply with regulations etc.

      31. Section 31: Jobseeker’s agreements and action plans: well-being of children

      32. Section 32: Contracting out functions under Jobseeker’s Act 1995

      33. Section 33: Attendance in connection with jobseeker’s allowance: sanctions

      34. Section 34: Social security information and employment or training information

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

      36. Section 36: Power to rename council tax benefit

      37. Section 37: Minor amendments

   2. Part 2: Disabled people: Right to control provision of services

      1. Section 38: Purpose of Part 2

      2. Section 39: Relevant services

      3. Section 40: Relevant authority

      4. Section 41: Power to make provision enabling exercise of greater choice and control

      5. Section 42: Provision that may be made about direct payments

      6. Section 43: Exercise of rights on behalf of persons who lack capacity

      7. Section 44: Pilot schemes

      8. Section 45: The appropriate authority by which regulations under section 41 are made

      9. Section 46: Regulations under section 41: supplementary provisions

      10. Section 47: Consultation

      11. Section 48: Power to repeal exclusion of community care services

      12. Section 49: Regulations and orders: control by Parliament or other legislature

   3. Part 3: Child maintenance

      1. Section 51: Disqualification for holding etc. driving licence or travel authorisation

      2. Section 52: Report on operation of driving licence amendments

      3. Section 53: Report on operation of travel authorisation amendments

      4. Section 54: Payments of child support maintenance

      5. Section 55: Child support maintenance: offences relating to information

   4. Part 4: Birth registration

      1. Section 56: Registration of births

   5. Part 5: General

      1. Section 57: Consequential amendments of subordinate legislation

      2. Section 58: Repeals and revocations

      3. Section 60: Extent

      4. Section 61: Commencement

5. Schedules

   1. Schedule 1: Amendments connected to section 4

      1. Part 1

         1. 11A Persons not required to meet the jobseeking conditions

         2. 11B Provision which may be made by regulations under section 11A

         3. 11C Action plans in connection with work-focused interviews

         4. 18A: Requirements imposed on claimants by officers of the Secretary of State

         5. 18B: Work-related activity: section 1A(4) claimants

         6. 18C: Definitions for purposes of sections 19 and 20A

         7. 18D: Section 18C: supplemental

         8. 19: Certain circumstances in which a jobseeker’s allowance is not payable

         9. 20: Exemptions from section 19

         10. 20A: Certain circumstances in which a jobseeker’s allowance is not payable: joint-claim jobseeker’s allowance

         11. 20B: Exemptions from section 20A

      2. Part 2

   2. Schedule 2: Abolition of income support: consequential amendments

   3. Schedule 3: Claimants dependent on drugs etc.

      1. Part 1 – Jobseeker’s allowance

         1. Schedule A1

            1. Persons dependent on drugs etc.

            2. Paragraph 1 to 3: supplementary

            3. Voluntary and mandatory rehabilitation plans

            4. Sanctions

            5. Information

            6. Power to extend provisions to alcohol

            7. Consequential amendments

            8. Report on initial operation of drugs provisions

      2. Part 2 – Employment and support allowance

         1. Consequential amendments

   4. Schedule 4: Loss of benefit provisions: further amendments

   5. Schedule 5: Section 51: consequential amendments etc.

   6. Schedule 6: Registration of births

   7. Schedule 7: Repeals and revocations

6. Commencement Dates

7. Hansard References