C1Part 1Employment and support allowance
Conditionality
11C1Work-focused health-related assessments
I1I5C21
Regulations may make provision for or in connection with imposing on a person who is—
a
entitled to an employment and support allowance, and
b
not a member of the support group,
a requirement to take part in one or more work-focused health-related assessments as a condition of continuing to be entitled to the full amount payable to him in respect of the allowance apart from the regulations.
2
Regulations under this section may, in particular, make provision—
I1I5a
prescribing circumstances in which such a person is subject to a requirement to take part in one or more work-focused health-related assessments;
I1I5c
prescribing the work-focused health-related assessments in which a person who is subject to such a requirement is required to take part;
I1I5e
prescribing circumstances in which a person attending such an assessment is to be regarded as having, or not having, taken part in it;
I1I5f
for securing that the appropriate consequence follows if a person who is required under the regulations to take part in a work-focused health-related assessment—
i
fails to take part in the assessment, and
ii
does not, within a prescribed period, show that he had good cause for that failure;
I1I5g
prescribing matters which are, or are not, to be taken into account in determining whether a person had good cause for any failure to comply with the regulations;
I8h
prescribing circumstances in which a person is, or is not, to be regarded as having good cause for any such failure.
I1I53
For the purposes of subsection (2)(f), the appropriate consequence of a failure falling within that provision is that the amount payable to the person in question in respect of an employment and support allowance is reduced in accordance with regulations.
I1I54
Regulations under subsection (3) may, in particular, make provision for determining—
a
the amount by which an allowance is to be reduced,
b
when the reduction is to start, and
c
how long it is to continue,
and may include provision prescribing circumstances in which the amount of the reduction is to be nil.
I1I55
Regulations under this section shall include provision for a requirement to take part in one or more work-focused health-related assessments to cease to have effect if the person subject to the requirement becomes a member of the support group.
6
Regulations under this section may include provision—
I1I5a
that in such circumstances as the regulations may prescribe a requirement to take part in a work-focused health-related assessment that would otherwise apply to a person by virtue of such regulations is not to apply, or is to be treated as not having applied;
I8b
that in such circumstances as the regulations may prescribe such a requirement is not to apply until a prescribed time;
I8c
that in such circumstances as the regulations may prescribe the time and place of a work-focused health-related assessment in which a person is required by regulations under this section to take part may be redetermined.
7
In this section, “work-focused health-related assessment” means an assessment by a health care professional approved by the Secretary of State which is carried out for the purpose of assessing—
I8a
the extent to which a person still has capability for work,
I8b
the extent to which his capability for work may be improved by the taking of steps in relation to his physical or mental condition, and
I88
In subsection (7), “health care professional” means—
a
a registered medical practitioner,
b
a registered nurse,
c
an occupational therapist or physiotherapist registered with a regulatory body established by an Order in Council under section 60 of the Health Act 1999 (c. 8), or
d
a member of such other profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17) as may be prescribed.
C412C1Work-focused interviews
I2I6C31
Regulations may make provision for or in connection with imposing on a person who is—
a
entitled to an employment and support allowance, and
b
not a member of the support group,
a requirement to take part in one or more work-focused interviews as a condition of continuing to be entitled to the full amount payable to him in respect of the allowance apart from the regulations.
2
Regulations under this section may, in particular, make provision—
I2I6a
prescribing circumstances in which such a person is subject to a requirement to take part in one or more work-focused interviews;
I2I6c
prescribing the work-focused interviews in which a person who is subject to such a requirement is required to take part;
I2I6d
for determining, in relation to work-focused interviews under the regulations, when and how the interview is to be conducted and, if it is to be conducted face to face, where it is to take place;
I2I6e
for notifying persons who are required under the regulations to take part in a work-focused interview of what is determined in respect of the matters mentioned in paragraph (d);
I2I6f
prescribing circumstances in which a person who is a party to a work-focused interview under the regulations is to be regarded as having, or not having, taken part in it;
I2I6g
for securing that the appropriate consequence follows if a person who is required under the regulations to take part in a work-focused interview—
i
fails to take part in the interview, and
ii
does not, within a prescribed period, show that he had good cause for that failure;
I2I6h
prescribing matters which are, or are not, to be taken into account in determining whether a person had good cause for any failure to comply with the regulations;
I9i
prescribing circumstances in which a person is, or is not, to be regarded as having good cause for any such failure.
I2I63
For the purposes of subsection (2)(g), the appropriate consequence of a failure falling within that provision is that the amount payable to the person in question in respect of an employment and support allowance is reduced in accordance with regulations.
I2I64
Regulations under subsection (3) may, in particular, make provision for determining—
a
the amount by which an allowance is to be reduced,
b
when the reduction is to start, and
c
how long it is to continue,
and may include provision prescribing circumstances in which the amount of the reduction is to be nil.
I2I65
Regulations under this section shall include provision for a requirement to take part in one or more work-focused interviews to cease to have effect if the person subject to the requirement becomes a member of the support group.
I2I66
Regulations under this section may include provision—
a
that in such circumstances as the regulations may prescribe a requirement to take part in a work-focused interview that would otherwise apply to a person by virtue of such regulations is not to apply, or is to be treated as not having applied;
b
that in such circumstances as the regulations may prescribe such a requirement is not to apply until a prescribed time;
c
that in such circumstances as the regulations may prescribe matters mentioned in subsection (2)(d) may be redetermined.
I2I67
In this section, “work-focused interview” means an interview by the Secretary of State conducted for such purposes connected with getting the person interviewed into work, or keeping him in work, as may be prescribed.
13C1Work-related activity
1
Regulations may make provision for or in connection with imposing on a person who is subject to a requirement imposed under section 12(1) a requirement to undertake work-related activity in accordance with regulations as a condition of continuing to be entitled to the full amount payable to him in respect of an employment and support allowance apart from the regulations.
2
Regulations under this section may, in particular, make provision—
a
prescribing circumstances in which such a person is subject to a requirement to undertake work-related activity in accordance with regulations;
b
for notifying such a person of any such requirement;
c
prescribing the time or times at which a person who is subject to such a requirement is required to undertake work-related activity and the amount of work-related activity he is required at any time to undertake;
d
prescribing circumstances in which a person who is subject to such a requirement is, or is not, to be regarded as undertaking work-related activity;
e
for securing that the appropriate consequence follows if a person who is subject to such a requirement—
i
fails to comply with the regulations, and
ii
does not, within a prescribed period, show that he had good cause for that failure;
f
prescribing the evidence which a person who is subject to such a requirement needs to provide in order to show that he has complied with the regulations;
g
prescribing matters which are, or are not, to be taken into account in determining whether a person has complied with the regulations;
h
prescribing matters which are, or are not, to be taken into account in determining whether a person had good cause for any failure to comply with the regulations;
i
prescribing circumstances in which a person is, or is not, to be regarded as having good cause for any such failure.
3
For the purposes of subsection (2)(e), the appropriate consequence of a failure falling within that provision is that the amount payable to the person in question in respect of an employment and support allowance is to be reduced in accordance with regulations.
4
Regulations under subsection (3) may, in particular, make provision for determining—
a
the amount by which an allowance is to be reduced,
b
when the reduction is to start, and
c
how long it is to continue,
and may include provision prescribing circumstances in which the amount of the reduction is to be nil.
5
Regulations under this section shall include provision for a requirement to undertake work-related activity in accordance with regulations to cease to have effect if the person subject to the requirement becomes a member of the support group.
6
Regulations under this section may include provision that in such circumstances as the regulations may provide a person's obligation under the regulations to undertake work-related activity at a particular time is not to apply, or is to be treated as not having applied.
I137
In this Part, “work-related activity”, in relation to a person, means activity which makes it more likely that the person will obtain or remain in work or be able to do so.
14C1Action plans in connection with work-focused interviews
I3I101
The Secretary of State shall in prescribed circumstances provide a person subject to a requirement imposed under section 12(1) with a document prepared for such purposes as may be prescribed (in this section referred to as an action plan).
2
Regulations may make provision about—
I11c
the review and updating of action plans.
3
Regulations under this section may, in particular, make provision for action plans which are provided to a person who is subject under section 13 to a requirement to undertake work-related activity to contain particulars of activity which, if undertaken, would enable the requirement to be met.
4
Regulations may make provision for reconsideration of an action plan at the request of the person to whom the plan is provided and may, in particular, make provision about—
a
the circumstances in which reconsideration may be requested;
b
the period within which any reconsideration must take place;
c
the matters to which regard must be had when deciding on reconsideration whether the plan should be changed;
d
notification of the decision on reconsideration;
e
the giving of directions for the purpose of giving effect to the decision on reconsideration.
15C1Directions about work-related activity
F51
In prescribed circumstances, the Secretary of State may by direction given to a person subject to a requirement imposed under section 13(1) provide that the activity specified in the direction is—
a
to be the only activity which, in the person’s case, is to be regarded as being work-related activity; or
b
to be regarded, in the person’s case, as not being work-related activity.
1A
But a direction under subsection (1) may not specify medical or surgical treatment as the only activity which, in any person’s case, is to be regarded as being work-related activity.
2
A direction under subsection (1) given to any person—
a
must be reasonable, having regard to the person’s circumstances;
b
must be given to the person by being included in an action plan provided to the person under section 14; and
c
may be varied or revoked by a subsequent direction under subsection (1).
3
Where a direction under subsection (1) varies or revokes a previous direction, it may provide for the variation or revocation to have effect from a time before the giving of the direction.
15AF1Persons dependent on drugs etc.
1
Schedule 1A makes provision for or in connection with imposing requirements on persons in cases where—
a
they are dependent on, or have a propensity to misuse, any drug, and
b
any such dependency or propensity is a factor affecting their prospects of obtaining or remaining in work.
2
That Schedule also contains a power for its provisions to apply in relation to alcohol.
16C1Contracting out
I71
The following functions of the Secretary of State may be exercised by, or by employees of, such person (if any) as the Secretary of State may authorise for the purpose, namely—
a
conducting interviews under section 12;
b
providing documents under section 14;
c
giving, varying or revoking directions under section 15.
F2d
asking questions under paragraph 1 of Schedule 1A;
e
making decisions under paragraph 2 or 3 of that Schedule;
f
exercising any functions in relation to rehabilitation plans under paragraph 5 or 6 of that Schedule.
2
Regulations may provide for any of the following functions of the Secretary of State to be exercisable by, or by employees of, such person (if any) as the Secretary of State may authorise for the purpose—
I4I12a
any function under regulations under any of sections 11 to 15 F3or Schedule 1A, except the making of a decision to which subsection (3) applies (an “excluded decision”);
I7b
the function under section 9(1) of the Social Security Act 1998 (c. 14) (revision of decisions), so far as relating to decisions, except excluded decisions, that relate to any matter arising under such regulations;
I7c
the function under section 10(1) of that Act (superseding of decisions), so far as relating to decisions, except excluded decisions, of the Secretary of State that relate to any matter arising under such regulations;
I7d
any function under Chapter 2 of Part 1 of that Act (social security decisions), except section 25(2) and (3) (decisions involving issues that arise on appeal in other cases), which relates to the exercise of any of the functions falling within paragraphs (a) to (c).
I73
This subsection applies to the following decisions—
a
a decision about whether a person has failed to comply with a requirement imposed by regulations under section 11, 12 or 13 F4or Schedule 1A;
b
a decision about whether a person had good cause for failure to comply with such a requirement;
c
a decision about reduction of an employment and support allowance in consequence of failure to comply with such a requirement.
I4I124
Regulations under subsection (2) may provide that a function to which that subsection applies may be exercised—
a
either wholly or to such extent as the regulations may provide,
b
either generally or in such cases or areas as the regulations may provide, and
c
either unconditionally or subject to the fulfilment of such conditions as the regulations may provide.
I75
An authorisation given by virtue of subsection (1), or by virtue of regulations under subsection (2), may authorise the exercise of the function concerned—
a
either wholly or to such extent as may be specified in the authorisation,
b
either generally or in such cases or areas as may be so specified, and
c
either unconditionally or subject to the fulfilment of such conditions as may be so specified.
I76
In the case of an authorisation given by virtue of regulations under subsection (2), subsection (5) is subject to the provisions of the regulations.
I77
An authorisation given by virtue of subsection (1), or by virtue of regulations under subsection (2)—
a
may specify its duration,
b
may be revoked at any time by the Secretary of State, and
c
shall not prevent the Secretary of State or any other person from exercising the function to which the authorisation relates.
I78
Where a person is authorised to exercise any function by virtue of subsection (1), or by virtue of regulations under subsection (2), anything done or omitted to be done by or in relation to him (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by or in relation to the Secretary of State.
I79
Subsection (8) shall not apply—
a
for the purposes of so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function, or
b
for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person (or an employee of his).
I710
Any decision which a person authorised to exercise any function by virtue of subsection (1), or by virtue of regulations under subsection (2), makes in exercise of the function shall have effect as a decision of the Secretary of State under section 8 of the Social Security Act 1998 (c. 14).
I711
Where—
a
a person is authorised to exercise any function by virtue of subsection (1), or by virtue of regulations under subsection (2), and
b
the authorisation is revoked at a time when a relevant contract is subsisting,
the authorised person shall be entitled to treat the relevant contract as repudiated by the Secretary of State (and not as frustrated by reason of the revocation).
I712
In subsection (11), the reference to a relevant contract is to so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function.
I713
In this section, references to functions of the Secretary of State under—
a
an enactment contained in, or in regulations under, this Part, or
b
an enactment contained in Chapter 2 of Part 1 of the Social Security Act 1998,
include a reference to any function which the Secretary of State has by virtue of the application in relation to that enactment of section 8(1)(c) of that Act (decisions under certain enactments to be made by the Secretary of State).
Pt. 1 modified by 1995 c. 18, Sch. 1 para. 2(2) (as inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 12(6); S.I. 2008/787, art. 2(4)(f))