Welfare Reform Act 2009

Prospective

Other amendments E+W+S

8 In section 1(4) (the jobseeker's allowance), for the definition of “a joint-claim jobseeker's allowance” substitute— E+W+S

““a joint-claim jobseeker's allowance” means a jobseeker's allowance entitlement to which is based on section 1B.”

9 In section 2(1) (the contribution-based conditions), for “section 1(2)(d)” substitute “ section 1A(1)(b) ”. E+W+S

10 (1) Section 3 (the income-based conditions) is amended as follows. E+W+S

(2) In subsection (1), for “section 1(2A)(b)” substitute “ section 1A(3)(b) ”.

(3) After that subsection insert—

“(1A) The conditions referred to in section 1A(4)(d) are that the claimant—

(a) satisfies the conditions set out in subsection (1)(a), (b), (c), (dd), (de) and (e) above;

(b) is not a member of a couple the other member of which is entitled to an income-based jobseeker's allowance; and

(c) is a person—

(i) who has reached the age of 18; or

(ii) who has reached the age of 16 but not the age of 18 and falls within a prescribed description of person.”

11 In section 3A(1) (the conditions for claims by joint-claim couples), for “section 1(2B)(c)” substitute “ section 1B(1)(c) ”. E+W+S

12 In section 4(11A) (amount payable by way of a jobseeker's allowance), for “section 1(2C)” substitute “ section 1A(8) ”. E+W+S

13 In section 9 (the jobseeker's agreement)— E+W+S

(a) in subsection (2), for “section 1” substitute “ section 1A ”,

(b) in subsection (5), for “section 1(2)(a) and (c)” substitute “ section 1A(7)(a) and (c) ”,

(c) in subsection (6)(a)—

(i) in sub-paragraph (i), for “section 1(2)(a)” substitute “ section 1A(7)(a) ”, and

(ii) in sub-paragraph (ii), for “section 1(2)(c)” substitute “ section 1A(7)(c) ”, and

(d) in subsection (10), for “section 1(2)(b)” substitute “ section 1A(7)(b) ”.

14 In section 10 (variation of jobseeker's agreement)— E+W+S

(a) in subsection (4), for “section 1(2)(a) and (c)” substitute “ section 1A(7)(a) and (c) ”, and

(b) in subsection (5)(a)—

(i) in sub-paragraph (i), for “section 1(2)(a)” substitute “ section 1A(7)(a) ”, and

(ii) in sub-paragraph (ii), for “section 1(2)(c)” substitute “ section 1A(7)(c) ”.

15 (1) Section 14 (trade disputes) is amended as follows. E+W+S

(2) In subsection (1), at the beginning insert “ Except in prescribed circumstances, ”.

(3) In subsection (2), at the beginning insert “ Except in prescribed circumstances, ”.

(4) After subsection (2) insert—

“(2A) Subsections (1) and (2) do not apply to a person who is a member of a couple unless the other member of the couple is a person to whom either of those subsections apply (but see instead the provision made by section 15).”

16 (1) Section 15 (effect on other claimants) is amended as follows. E+W+S

(2) For subsection (1) substitute—

“(1) Except in prescribed circumstances, subsection (2) applies in relation to any person (“P”) who—

(a) is a member of a couple, and

(b) claims an income-based jobseeker's allowance,

in any case where, if subsection (2A) of section 14 were to be disregarded, either P or the other member of the couple (but not both) would be prevented by that section from being entitled to a jobseeker's allowance.

(1A) In this section any reference to the relevant person is to the member of the couple concerned who would be prevented by that section from being so entitled (whether or not that person is also the claimant).”

(3) In subsection (2)—

(a) in paragraph (a), for “A” substitute “ the relevant person ”,

(b) in paragraph (b), for the words from “where” to “them” substitute “ any portion of the applicable amount which is included in respect of the couple ”, and

(c) in paragraph (c), for “A” (in both places) substitute “ the relevant person ” and for “A's” substitute “that person's”.

(4) In subsection (4), for “A” (in both places) substitute “ the relevant person ”.

17 (1) Section 15A (trade disputes: joint-claim couples) is amended as follows. E+W+S

(2) After subsection (1), insert—

“(1A) Section 14 shall apply as if subsection (2A) of that section were omitted.”

(3) In subsection (4), omit paragraph (b) (together with the “or” immediately before it).

(4) In subsection (5)—

(a) for paragraph (b) substitute—

“(b) references to the relevant person are to the person mentioned in subsection (4)(a) above;”, and

(b) omit paragraph (c) (but not the “and” at the end of it).

18 After section 15A insert— E+W+S

“15B Other provision relating to a person's return to work

(1) This section applies if a person (“P”) returns to work with the same employer after a period during which—

(a) P is, or would be, prevented by section 14 from being entitled to a jobseeker's allowance, or

(b) section 15(2) applies in a case where (if subsection (2A) of section 14 were to be disregarded) P would be prevented by that section from being so entitled.

(2) It does not matter whether or not the return to work is before the end of the stoppage of work in question.

(3) In the case of a claim for an income-based jobseeker's allowance other than a joint-claim jobseeker's allowance—

(a) P is to be treated as not engaged in remunerative work until the end of the period of 15 days beginning with the day on which P returns to work, and

(b) any sum paid by way of a jobseeker's allowance for that period of 15 days to P or, if P is a member of a couple, to the other member of the couple is recoverable in accordance with regulations from the person to whom it was paid or from any prescribed person or, where the person to whom it was paid is a member of a couple, from the other member of the couple.

(4) In the case of a claim for a joint-claim jobseeker's allowance—

(a) P is to be treated as meeting the jobseeking conditions, and as not engaged in remunerative work, until the end of the period of 15 days beginning with the day on which P returns to work, and

(b) any sum paid by way of a joint-claim jobseeker's allowance for that period of 15 days in respect of the couple is recoverable in accordance with regulations from each member of the couple or from any prescribed person.”

19 In— E+W+S

(a) section 17A(8) (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc.), which is inserted by section 1 of this Act,

(b) section 20C(7) (sanctions for violent conduct in connection with claim), which is inserted by section 25 of this Act, and

(c) paragraph 7(4) of Schedule A1 (claimants dependent on drugs etc.), which is inserted by Schedule 3 to this Act,

for “section 20B(4)” substitute “ section 20B(1) ”.

20 In section 22(2) (members of the forces), for “section 19(6)(b)” substitute “ section 18C(5)(c) ”. E+W+S

21 In section 35(1) (interpretation) — E+W+S

(a) after the definition of “the applicable amount” insert—

““the basic conditions” means the conditions set out in section 1A(7);”, and

(b) after the definition of “jobseeker's agreement” insert—

““the jobseeking conditions” means the conditions set out in section 1A(7)(a) to (c);”.

22 In section 36(4A)(b) (regulations and orders), which is inserted by section 1 of this Act, after “section” insert “ 11A, 11C, 18B or ”. E+W+S

23 (1) Schedule 1 (supplementary provisions) is amended as follows. E+W+S

(2) In paragraph 2, at the end insert—

“(3) Regulations may provide that the condition in section 1A(7)(e) (person not to have limited capability for work) is not to apply in prescribed circumstances to a person whose claim to a jobseeker's allowance is based on meeting condition B in section 1A.”

(3) For paragraph 8 substitute—

“8 Regulations may prescribe circumstances in which a person may be entitled to an income-based jobseeker's allowance without being required to meet the jobseeking conditions in any case where the person would not otherwise be so entitled.”

(4) In paragraph 8A(1), for “conditions referred to in section 1(2B)(b)” substitute “ basic conditions ”.

(5) In paragraph 14—

(a) renumber the existing text as sub-paragraph (1), and

(b) after that sub-paragraph (as renumbered) insert—

“(2) Regulations may provide that the condition in section 1A(7)(f) (person not to be receiving relevant education) is not to apply in prescribed circumstances to a person whose claim to a jobseeker's allowance is based on meeting condition B in section 1A.”

(6) After paragraph 14 insert—

“Pensionable age E+W+S

14A Regulations may provide that in prescribed circumstances the condition in section 1A(7)(g) (person to be under pensionable age) is to have effect in relation to a person whose claim to a jobseeker's allowance is based on meeting condition B in section 1A as if for “pensionable age” there were substituted “ the qualifying age for state pension credit (within the meaning of the State Pension Credit Act 2002) ”.”