Welfare Reform Act 2009 Explanatory Notes

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

285.This is a regulation-making power which allows for regulations to require those on jobseeker’s allowance (‘JSA’) who do not have to meet the jobseeking conditions to undertake work-related activity as a condition of continuing to receive their full amount of benefit. This does not apply if the claimant is a lone parent with a child aged under three (subsection 18B(1)(b) refers). Work-related activity will be detailed in an action plan, and will be reasonable and have due consideration to a person’s circumstances. The requirement to undertake such activity can be suspended in specific circumstances, which will also be prescribed in regulations.

286.Subsection (4) provides that regulations made under this section must provide that lone parents are entitled to restrict the hours for which they will be required to undertake work-related activity. For example they could restrict such activities to their child’s hours of schooling or formal childcare.

287.Subsection (5) provides that in circumstances prescribed in regulations, only a specific activity specified in the direction is to be regarded as a work-related activity. The provision also allows for specified activities to be deemed not to be work-related activity.

288.Subsection (6) provides that a person cannot be required to undertake medical or surgical treatment to meet their work-related activity requirement.

289.Claimants who fail to comply may incur a sanction.

290.Paragraph 5 of Schedule 1 inserts new sections 18C and 18D before section 19 of the Jobseekers Act 1995.

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