Part 2Working-age benefits

CHAPTER 2Employment and support allowance

Claimant responsibilities for interim period

54Claimant commitment for employment and support allowance

1

The Welfare Reform Act 2007 is amended as follows.

2

In section 1(3) (employment and support allowance: basic conditions) after paragraph (a) there is inserted—

aa

has accepted a claimant commitment,

3

After section 1B (as inserted by section 52 above) there is inserted—

1CClaimant commitment

1

For the purposes of this Part a “claimant commitment” is a record of the claimant's responsibilities in relation to an award of an employment and support allowance.

2

A claimant commitment is to be prepared by the Secretary of State and may be reviewed and updated as the Secretary of State thinks fit.

3

A claimant commitment is to be in such form as the Secretary of State thinks fit.

4

A claimant commitment is to include—

a

any prescribed information, and

b

any other information the Secretary of State considers it appropriate to include.

5

For the purposes of this Part a claimant accepts a claimant commitment if, and only if, the claimant accepts the most up-to-date version of it in such manner as may be prescribed.

6

Regulations may provide that, in prescribed circumstances, a claimant is to be treated as having satisfied the condition mentioned in section 1(3)(aa).

4

In section 15(2)(b) (directions about work-related activity) for the words from “by” to “14” there is substituted “ in such manner as the Secretary of State thinks fit ”.

5

In section 16(1) (contracting out) before paragraph (a) there is inserted—

za

any function under section 1C in relation to a claimant commitment;

6

In Schedule 2 (supplementary provisions) after paragraph 4 there is inserted—

4A

Regulations may prescribe circumstances in which a person may be entitled to employment and support allowance without having accepted a claimant commitment.

7

In section 31(2) of the Welfare Reform Act 2009 (action plans: well-being of children), in subsection (5) inserted into section 14 of the Welfare Reform Act 2007, after “preparing any” there is inserted “ claimant commitment or ”.

55Work experience etc

In section 13 of the Welfare Reform Act 2007 (work-related activity), after subsection (7) there is inserted—

8

The reference to activity in subsection (7) includes work experience or a work placement.

56Hardship payments

In the Welfare Reform Act 2007 after section 16 there is inserted—

16AHardship payments

1

Regulations may make provision for the making of payments (“hardship payments”) by way of an employment and support allowance to a person where—

a

the amount otherwise payable to the person in respect of an employment and support allowance is reduced by virtue of regulations under section 11(3), 12(3) or 13(3), and

b

the person is or will be in hardship.

2

Regulations under this section may in particular make provision as to—

a

circumstances in which a person is to be treated as being or not being in hardship;

b

matters to be taken into account in determining whether a person is or will be in hardship;

c

requirements or conditions to be met by a person in order to receive hardship payments;

d

the amount or rate of hardship payments;

e

the period for which hardship payments may be made.