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Welfare Reform Act 2009

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326.Paragraph 8 enables the Secretary of State to make regulations authorising information to be obtained from the police, the probation service or other prescribed body for the purposes of Schedule 3. Regulations may also make provision allowing the Secretary of State to share this information with other relevant persons. The regulation making power expressly prevents information about a person’s medical or social work history being disclosed to the Department for Work and Pensions by either the prison service or the probation service. Restrictions apply to limit the persons to whom the Department may pass on the information obtained and to restrict subsequent use of the information by them to use only for the purposes of administering Schedule 3. The only exceptions to this are where disclosure is supplied for the purposes of court proceedings, or is required under other legislation.

327.Paragraph 9 of new Schedule A1 provides a definition of “drug” and also provides a power to set out in regulations which drugs the provisions described above will apply to.

328.The jobseeking conditions are defined as being actively seeking and available for work and having agreed a Jobseeker’s Agreement.

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