Welfare Reform Act 2012 (c. 5)

Part 2 E+W+S Working-age benefits

CHAPTER 2 E+W+S Employment and support allowance

Claimant responsibilities for interim period E+W+S

54 Claimant commitment for employment and support allowance E+W+S

(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—

“1C Claimant 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 ”.

Commencement Information

I1 S. 54(1) in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 2(2), Sch. 2 para. 23

I2 S. 54(6) in force at 25.2.2013 by S.I. 2013/358, art. 2(2), Sch. 2 para. 23