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Welfare Reform Act 2009

Persons dependent on drugs etc.

318.In paragraph 1, sub-paragraphs (1), (2) (3) and (4) make provision for regulations to require claimants, who are required to meet the job-seeking conditions (to be available for employment; to be actively seeking employment; and to have agreed and signed a jobseeker’s agreement), to answer questions, at a specific time and place, about their use of drugs and whether it affects their chances of finding work. They can also be required to answer questions about any treatment they may be receiving.

319.Paragraph 2 is a regulation-making power which may require someone to undertake a substance-related assessment. The substance-related assessment is divided into two stages - an initial assessment followed by an interview a few days later to discuss matters arising .This applies where there are reasonable grounds for suspecting they may have a drug problem which is affecting their prospects of finding work. The assessment would be carried out by an approved person with the necessary qualifications or experience.

320.Those who fail to take part in a substance-related assessment, without good cause, can be required by regulations to take part in one or more drugs tests under paragraph 3, where this will assist in determining whether a person is dependent on, or has a propensity to misuse any drug. The requirement for persons to attend an assessment or interview will disapply where they agree to submit to a drugs test which then produces a negative result. Sub-paragraphs (7) and (8) set out the types of test that can be prescribed in regulations.

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