Welfare Reform Act 2012

Section 48

SCHEDULE 7 E+W+S Jobseeker's allowance in interim period: consequential amendments

Jobseekers Act 1995 (c. 18) E+W+S

1 The Jobseekers Act 1995 is amended as follows. E+W+S

2 (1) Section 8 (attendance etc) is amended as follows. E+W+S

(2) In subsection (1A)(a) (as originally enacted), for “the Secretary of State” there is substituted “an employment officer“.

(3) In subsection (2), for paragraphs (a) to (c) there is substituted “ provide for entitlement to a jobseeker's allowance to cease at such time as may be determined in accordance with any such regulations if, when a person fails to comply with such regulations, that person (or, if that person is a member of a joint-claim couple, either member of the couple) does not make prescribed contact with an employment officer within a prescribed period of the failure. ”

3 In section 16(3)(b) and 17(4) (in both places) for “good cause” there is substituted “ a good reason ”. E+W+S

4 In section 17A (employment schemes), in subsection (5)(c) for “jobseeker's agreement to which a person is a party” there is substituted “ claimant commitment accepted by a person ”. E+W+S

5 Section 20 (exemptions from section 19) is amended as follows— E+W+S

(a) in the heading, after “19” there is inserted “ and 19A ”;

(b) in subsection (1), for “prevent payment” there is substituted “ authorise reduction ”;

(c) in subsection (2), for “19” there is substituted “19A” and for “(5)” there is substituted “ (2)(c) to (g) ”;

(d) in subsection (3), for “19(6)(b) or (d)” there is substituted “19(2)(b) or (d)” and for “ just cause ” there is substituted “good reason”.

6 Sections 20C and 20D (uncommenced provision relating to sanctions for violent conduct etc) are repealed. E+W+S

7 In section 22 (members of the forces), in subsection (2), for “section 19(6)(b)” there is substituted “ section 19(2)(b) ”. E+W+S

8 In section 35 (interpretation), in subsection (1), before the definition of “jobseeking period” there is inserted— E+W+S

““jobseeker's direction” has the meaning given by section 19A;”.

9 In section 36 (regulations and orders), after subsection (1) there is inserted— E+W+S

“(1A) Subsection (1) does not apply to an order under section 35(1) in relation to employment officers.”

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

(2) In paragraph 8(b), for “entered into a jobseeker's agreement” there is substituted “accepted a claimant commitment“.

(3) In paragraph 10, at the end there is inserted—

“(6) References in sub-paragraphs (1) and (2) to an income-based jobseeker's allowance include a payment by way of such an allowance under section 19C.”

Social Security Act 1998 (c. 14) E+W+S

11 In Schedule 3 to the Social Security Act 1998 (decisions against which an appeal lies), in paragraph 8 and in the heading to that paragraph, for “jobseeker's agreement” there is substituted “ claimant commitment ”. E+W+S

Social Security Fraud Act 2001 (c. 11) E+W+S

12 (1) Section 8 of the Social Security Fraud Act 2001 (effect of offence on joint-claim jobseeker's allowance) is amended as follows. E+W+S

(2) In subsection (2)—

(a) at the beginning there is inserted “Except in prescribed circumstances”;

(b) in paragraph (b), for sub-paragraph (i) there is substituted—

“(i) is a person whose failure sanctionable under section 19, 19A or 19B of the Jobseekers Act 1995 has given rise to a reduction under that section; or”.

(3) Subsection (5) is repealed.

Welfare Reform Act 2009 (c. 24) E+W+S

13 The Welfare Reform Act 2009 is amended as follows. E+W+S

14 In section 29(1) (victims of domestic violence), in sub-paragraph (3) of paragraph 8B inserted into Schedule 1 to the Jobseekers Act 1995— E+W+S

(a) for the first “entered into a jobseeker's agreement” there is substituted “accepted a claimant commitment“;

(b) for “9(10)” there is substituted “9(9)“;

(c) for “entered into a jobseeker's agreement which is in force for” there is substituted “ accepted a claimant commitment during ”.

15 (1) Section 31 (well-being of children) is amended as follows. E+W+S

(2) In subsection (1)—

(a) for “(the jobseeker's agreement)“ there is substituted “ (as substituted by section 44 of the Welfare Reform Act 2012 (the claimant commitment)) ”;

(b) in the inserted subsection (4A), for “preparing a jobseeker's agreement for a claimant” there is substituted “ considering whether to invite a claimant to accept a claimant commitment ”.

16 (1) Section 32 (contracting out) is amended as follows. E+W+S

(2) In subsection (2), in section 20E inserted into the Jobseekers Act 1995—

(a) for subsection (2)(a) and (b) there is substituted—

“(a) any function under section 8 (attendance etc);

(b) any function under section 9 or 10 in relation to a claimant commitment;”;

(b) after subsection (2)(d) there is inserted—

“(e) functions under section 19 or 19A;”;

(c) in subsection (4), “or 17A” is repealed.

(3) In subsection (3), for paragraphs (a) to (d) there is substituted—

“(a) section 8(1)(a), (1A) and (2);

(b) sections 9 and 10 (in all places);

(c) section 16(3)(b)(ii);

(d) sections 19 and 19A (in all places);”.