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Welfare Reform Act 2009

Part 2 – Employment and support allowance

332.Paragraphs 6 and 7 of Schedule 3 amend the Welfare Reform Act 2007 by inserting a new section 15A and Schedule 1A into that Act, which largely mirror the amendments made to the Jobseekers Act 1995 as described above and which apply to those in the employment and support allowance (‘ESA’) work-related activity group. The new provisions do not apply to those who are in the Support Group.

333.In line with other ESA provisions, the sanction is not a complete withdrawal of benefit, but rather, a reduction in benefit, by an amount and for a period of time prescribed in regulations.

Consequential amendments

334.Paragraph 8 of Schedule 3 makes amendments to the Welfare Reform Act 2007 in consequence of the drugs provisions. In particular, it amends section 16 of that Act to permit some of the Secretary of State’s functions under the drugs provisions to be contracted out. It also provides for the affirmative procedure to apply to all regulations made under the new Schedule 1A inserted by paragraph 7.

335.Paragraph 9 provides for the Secretary of State to report on the operation of regulations made under Schedule 1A to the Welfare Reform Act 2007 as in paragraph 334 above.

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