The Jobseeker's Allowance (Mandatory Work Activity Scheme) Regulations 2011

Explanatory Note

(This note is not part of the Regulations)

These Regulations establish the Mandatory Work Activity Scheme, under section 17A of the Jobseekers Act 1995 (“the Jobseekers Act”), which is designed to provide work or work-related activity for up to 30 hours per week over a period of four consecutive weeks with a view to assisting jobseeker's allowance claimants to improve their prospects of obtaining employment.

Part 1 contains general provisions, including provisions concerning interpretation.

Part 2 concerns the circumstances in which jobseeker's allowance claimants are required to participate in the Scheme. Regulation 3 provides that any claimant who is aged at least 18 can be selected. It also provides that a claimant who is not required to meet the jobseeking conditions is not required to participate in the Scheme.

Regulation 4 requires a person so selected to participate in the Scheme upon being notified by the Secretary of State, and to do so for a period of four weeks from the date specified in the notice. It also prescribes the contents of the notice.

Regulation 5 concerns the circumstances in which a claimant is not required (or no longer required) to participate in the Scheme. They are where a claimant's award of jobseeker's allowance terminates or where the Secretary of State gives the claimant notice in writing that participation is no longer required.

Part 3 deals with failure to participate in the Scheme and good cause for failure to participate.

Regulation 6 provides that a claimant who fails to comply with any of the requirements notified under regulation 4, is to be regarded as having failed to participate in the Scheme.

Regulation 7 provides that a person who fails to participate in the Scheme must show good cause for that failure within 5 working days. It is then for the Secretary of State to determine whether that person has shown good cause, taking into account his or her circumstances.

Regulation 8 provides that where a claimant fails without good cause to participate in the Scheme, the claimant's jobseeker's allowance will not be payable for 13 or 26 weeks.

Part 4 allows for an income-based jobseeker's allowance to be payable even though a sanction applies to the claimant because of a failure without good cause to participate in the Scheme. It does so by applying the hardship provisions in Parts 9 and 9A of the Jobseeker's Allowance Regulations 1996.

Part 5 makes various consequential amendments to other Regulations in relation to a person's participation in the Scheme.

Regulation 11 inserts a definition of the Mandatory Work Activity Scheme in the Jobseeker's Allowance Regulations 1996, the Housing Renewal Grants Regulations 1996, the Council Tax Benefit Regulations 2006 and the Housing Benefit Regulations 2006. Regulations 12 and 13 ensure that persons will not be treated as having notional income or notional capital by virtue of their participation in the Scheme, and regulations 14 and 15 provide that travel and other expenses paid to participants are disregarded as income and capital for the purposes of certain income-related benefits.

Regulations 16 and 17 make consequential amendments to other Regulations to ensure that, where a sanction is imposed on a claimant for failure without good cause to participate in the Mandatory Work Activity Scheme, the claimant is treated consistently with a claimant who incurs a sanction under section 19 or 20A of the Jobseekers Act.

Regulation 18 deals with consequential changes in relation to decisions and appeals. The effect is to ensure that provision is made for sanctions imposed under these Regulations as well as those incurred under section 19 or 20A of that Act.

Regulation 19 revokes certain provisions of the Jobseeker's Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010. Those Regulations modify various regulations to make provision in relation to schemes under section 17A of the Jobseekers Act 1995. The modifications cease to have effect on 21^st November 2013. In order to avoid duplication and to ensure that the provisions relating to schemes under section 17A of that Act are permanent, these Regulations amend the relevant provisions and regulation 19 revokes the unnecessary modifications.

Regulation 20 makes provision for contracting out the Mandatory Work Activity Scheme functions (with the exception of functions relating to good cause and the imposition of sanctions).

A full impact assessment has not been published for this instrument as it has no impact on the private sectors and civil society organisations.