2011 No. 688
Social Security

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

Made
Laid before Parliament
Coming into force
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 123(1)(d) and (e), 136(3) and (5)(a) and (b), 137(1) and 175(3) and (4) of the Social Security Contributions and Benefits Act 19921, sections 30 and 146(1) and (2) of the Housing Grants, Construction and Regeneration Act 19962, sections 9 and 10 of the Social Security Act 19983 and sections 12(1), (4)(a) and (b), 17A(1), (2), (5)(a), (d) and (e) and (6) to (9), 20, 20A, 20B(4) to (6), 20E(3)(a), 21, 35(1) and 36(2) and (4) of, and Schedule 1 to, the Jobseekers Act 19954.
These Regulations are made with the consent of the Treasury in respect of provisions relating to section 30 (means testing in case of application by owner-occupier or tenant) of the Housing Grants, Construction and Regeneration Act 19965.
In respect of provisions in these Regulations relating to housing benefit and council tax benefit, organisations appearing to the Secretary of State to be representative of the authorities concerned have agreed that consultations need not be undertaken6.
In accordance with section 172(1) of the Social Security Administration Act 19927, the Secretary of State referred the proposals for these Regulations to the Social Security Advisory Committee.

PART 1General

Citation and commencement1.

These Regulations may be cited as the Jobseeker’s Allowance (Mandatory Work Activity Scheme) Regulations 2011 and shall come into force on 25th April 2011.

Interpretation2.

(1)

In these Regulations—

“the Act” means the Jobseekers Act 1995;

“claimant” means a person who claims a jobseeker’s allowance, except that in relation to a joint-claim couple claiming a joint-claim jobseeker’s allowance, it means either or both of the members of the couple;

“the Council Tax Benefit Regulations” means the Council Tax Benefit Regulations 20068;
“the Housing Benefit Regulations” means the Housing Benefit Regulations 20069;
“the Housing Renewal Grants Regulations” means the Housing Renewal Grants Regulations 199610;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 199611;

“the Mandatory Work Activity Scheme” means a scheme within section 17A (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc.) of the Act known by that name and provided pursuant to arrangements made by the Secretary of State that 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 claimants to improve their prospects of obtaining employment;

“the Scheme” means the Mandatory Work Activity Scheme; and

“working day” means any day except for a Saturday, Sunday, Christmas Day, Good Friday or bank holiday under the Banking and Financial Dealings Act 197112 in England, Wales or Scotland.

(2)

For the purpose of these Regulations, where a written notice is given by sending it by post is taken to have been received on the second working day after posting.

PART 2Selection for and participation in the Mandatory Work Activity Scheme

Selection for participation in the Scheme3.

(1)

The Secretary of State may select a claimant who is aged at least 18 for participation in the Scheme.

(2)

Only a claimant who is required to meet the jobseeking conditions13 may be required to participate in the Scheme.

Requirement to participate and notification4.

(1)

Subject to regulation 5, a claimant (“C”) selected under regulation 3 is required to participate in the Scheme where the Secretary of State gives C a notice in writing complying with paragraph (2).

(2)

The notice must specify—

(a)

that C is required to participate in the Scheme;

(b)

the day on which C’s participation will start;

(c)

that C’s participation will be for four weeks;

(d)

details of what C is required to do by way of participation in the Scheme;

(e)

that the requirement to participate in the Scheme will continue until C is given notice by the Secretary of State that C’s participation is no longer required, or C’s award of jobseeker’s allowance terminates, whichever is earlier;

(f)

information about the consequences of failing to participate in the Scheme.

(3)

Any changes made to the requirements mentioned in paragraph (2)(d) after the date on which C’s participation starts must be notified to C in writing.

Circumstances in which requirement to participate in the Scheme ceases to apply5.

(1)

A requirement to participate in the Scheme ceases to apply to a claimant (“C”) if—

(a)

the Secretary of State gives C notice in writing that C is no longer required to participate in the Scheme, or

(b)

C’s award of jobseeker’s allowance terminates,

whichever is earlier.

(2)

The requirement ceases to apply on the day specified in the notice.

PART 3Sanctions

Failure to participate in the Scheme6.

A claimant (“C”) is to be regarded as having failed to participate in the Scheme in accordance with these Regulations where C fails to comply with any requirement notified under regulation 4.

Good cause7.

(1)

A claimant (“C”) who fails to participate in the Scheme must show good cause for that failure within 5 working days of the date on which the Secretary of State notifies C of the failure.

(2)

The Secretary of State must determine whether C has failed to participate in the Scheme and, if so, whether C has shown good cause for that failure.

(3)

In deciding whether C has shown good cause for the failure, the Secretary of State must take account of all the circumstances of the case, including in particular C’s physical or mental health or condition.

Consequences of failure to participate in the Scheme8.

(1)

Where the Secretary of State determines that a claimant (“C”) has failed to participate in the Scheme, and C has not shown good cause for the failure in accordance with regulation 7, the appropriate consequence for the purpose of section 17A of the Act is as follows.

(2)

In the case of a jobseeker’s allowance other than a joint-claim allowance, the appropriate consequence is that C’s allowance is not payable for the period specified in paragraph (4) or (5) (“the specified period”).

(3)

In the case of a joint-claim jobseeker’s allowance, the appropriate consequence is that C is to be treated as subject to sanctions for the purposes of section 20A of the Act (denial or reduction of a joint-claim jobseeker’s allowance) for the specified period.

(4)

The period is 13 weeks in a case which does not fall within paragraph (5).

(5)

The period is 26 weeks where—

(a)

on a previous occasion the Secretary of State determined that C’s jobseeker’s allowance was not payable or was payable at a lower rate because C failed without good cause to participate in the Scheme (“the first determination”); and

(b)

a subsequent determination is made not more than 12 months after the date on which the first determination took effect.

(6)

The specified period begins—

(a)

where, in accordance with regulation 26A(1) of the Social Security (Claims and Payments) Regulations 198714, C’s jobseeker’s allowance is paid otherwise than fortnightly in arrears, on the day following the end of the last benefit week in respect of which that allowance was paid; and

(b)

in any other case, on the first day of the benefit week following the date on which C’s jobseeker’s allowance is determined not to be payable or to be payable at a lower rate.

(7)

In this regulation “benefit week” has the same meaning as in regulation 1(3)15 of the Jobseeker’s Allowance Regulations.

PART 4Hardship

Hardship9.

(1)

This paragraph applies to a claimant (“C”) if, during the period in which C’s jobseeker’s allowance is not payable by virtue of regulation 8(2), C is a person in hardship within the meaning of regulation 140(1) or (2) (meaning of “person in hardship”) of the Jobseeker’s Allowance Regulations16.

(2)

Regulations 140 to 146 of the Jobseeker’s Allowance Regulations have effect in relation to a person to whom paragraph (1) applies.

(3)

In regulation 141(6) (circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship) of the Jobseeker’s Allowance Regulations17 insert “regulations made under section 17A (“work for your benefit” schemes etc.),” after “even though”.

Hardship for joint-claim couples10.

(1)

This paragraph applies to a joint-claim couple if, during the period in which the sanctions referred to in regulation 8(3) apply, they are a couple in hardship within the meaning of regulation 146A(1) or (2) (meaning of “couple in hardship”) of the Jobseeker’s Allowance Regulations18.

(2)

Regulations 146A and 146C to 146H of the Jobseeker’s Allowance Regulations have effect in relation to a couple to whom paragraph (1) applies.

(3)

In regulation 146C(6) (circumstances in which a joint-claim jobseeker’s allowance is payable where a joint-claim couple is a couple in hardship) of the Jobseeker’s Allowance Regulations19 insert “regulations made under section 17A (“work for your benefit” schemes etc.),” after “even though”.

PART 5Consequential amendments

Definitions11.

(1)

Paragraph (2) applies to the following provisions (which relate to interpretation)—

(a)

regulation 2(1) of the Council Tax Benefit Regulations;

(b)

regulation 2(1) of the Housing Benefit Regulations;

(c)

regulation 2(1) of the Housing Renewal Grants Regulations;

(d)

regulation 1(3) of the Jobseeker’s Allowance Regulations.

(2)

In each of the provisions to which this paragraph applies insert the following definition in the appropriate place—

““the Mandatory Work Activity Scheme” means a scheme within section 17A (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc.) of the Jobseekers Act 1995 known by that name and provided pursuant to arrangements made by the Secretary of State that 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 claimants to improve their prospects of obtaining employment;”.

Notional income12.

(1)

This regulation applies to the following provisions (which relate to notional income)—

(a)

regulation 32(7) of the Council Tax Benefit Regulations20;

(b)

regulation 42(7) of the Housing Benefit Regulations21;

(c)

regulation 31(9A) of the Housing Renewal Grants Regulations22;

(d)

regulation 105(10A) of the Jobseeker’s Allowance Regulations23.

(2)

In each of the provisions to which this regulation applies insert the following sub-paragraph after sub-paragraph (ca)—

“(cb)

in respect of a person’s participation in the Mandatory Work Activity Scheme;”.

Notional capital13.

(1)

This regulation applies to the following provisions (which relate to notional capital)—

(a)

regulation 39(4) of the Council Tax Benefit Regulations24;

(b)

regulation 49(4) of the Housing Benefit Regulations25;

(c)

regulation 38(3A) of the Housing Renewal Grants Regulations26;

(d)

regulation 113(3A) of the Jobseeker’s Allowance Regulations27.

(2)

In each of the provisions to which this regulation applies insert the following sub-paragraph after sub-paragraph (ba)—

“(bb)

in respect of a person’s participation in the Mandatory Work Activity Scheme;”.

Income to be disregarded14.

(1)

This regulation applies to the following Schedules (which relate to sums to be disregarded in the calculation of income other than earnings)—

(a)

Schedule 4 to the Council Tax Benefit Regulations;

(b)

Schedule 5 to the Housing Benefit Regulations;

(c)

Schedule 3 to the Housing Renewal Grants Regulations;

(d)

Schedule 7 to the Jobseeker’s Allowance Regulations.

(2)

In each Schedule to which this regulation applies insert the following paragraph after paragraph A1.28—

“A2.

Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Mandatory Work Activity Scheme.”.

Capital to be disregarded15.

(1)

This regulation applies to the following Schedules (which relate to capital to be disregarded)—

(a)

Schedule 5 to the Council Tax Benefit Regulations;

(b)

Schedule 6 to the Housing Benefit Regulations;

(c)

Schedule 4 to the Housing Renewal Grants Regulations;

(d)

Schedule 8 to the Jobseeker’s Allowance Regulations.

(2)

In each Schedule to which this regulation applies insert the following paragraph after paragraph A1.29—

“A2.

Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Mandatory Work Activity Scheme but only for 52 weeks beginning with the date of receipt of the payment.”.

Further amendments of the Jobseeker’s Allowance Regulations16.

The Jobseeker’s Allowance Regulations are amended as follows—

(a)

in the definition of “relevant notification” in regulation 25(1A) (entitlement ceasing on a failure to comply)30, insert the words “or under the Mandatory Work Activity Scheme” after “scheme”;

(b)

in regulation 47(4)(b)(ii) (jobseeking period)31 insert the words “regulations made under section 17A or by virtue of” before “section 19”;

(c)

at the end of regulation 5332 (persons treated as not engaged in remunerative work) insert—

“(l)

he is participating in the Mandatory Work Activity Scheme.”;

(d)

in regulation 55(1)(a) (short periods of sickness)33 before “; and” insert—

“or who failed without good cause to comply with regulations made under section 17A”;

(e)

in regulation 55A(1)(a) (periods of sickness and persons receiving treatment outside Great Britain)34 before “; and” insert—

“or who failed without good cause to comply with regulations made under section 17A”;

(f)

in regulation 140(1)(f)(i) (meaning of “person in hardship”)35, after “case”, insert “or because a jobseeker’s allowance is not payable pursuant to regulations made under section 17A”;

(g)

in regulation 152(1)(c) (relevant week)36, before “section 19” insert “regulations made under section 17A or in accordance with”.

Consequential amendments relating to sanctions17.

(1)

Paragraph (2) applies to the following provisions37—

(a)

regulation 2(4)(a) and (b) (interpretation) of the Council Tax Benefit Regulations;

(b)

regulation 2(4)(a) and (b) (interpretation) of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200638;

(c)

regulation 3(j) (circumstances in which discretionary housing payments may be made) of the Discretionary Financial Assistance Regulations 200139;

(d)

regulation 2(3)(a) and (b) (interpretation) of the Housing Benefit Regulations;

(e)

regulation 2(3)(a) and (b) (interpretation) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200640.

(2)

In each of the provisions to which this paragraph applies insert the words “or regulations made under section 17A” after “section 19 or 20A”.

(3)

In regulation 5(3)(b) (meaning of “person in hardship”) of the Social Security (Loss of Benefit) Regulations 200141, after “8” insert “, 17A”.

(4)

In regulation 8A(5) (credits for unemployment) of the Social Security (Credits) Regulations 197542, after sub-paragraph (b) insert—

“(ba)

a week in respect of which, because of regulations made under section 17A of that Act, a jobseeker’s allowance was not payable to the person concerned even though he satisfied the conditions for entitlement to that allowance; or”.

Consequential amendments relating to decisions and appeals18.

The Social Security and Child Support (Decisions and Appeals) Regulations 199943 are amended as follows—

(a)

in regulation 3(6) (revision of decisions)44, after “Jobseekers Act” insert the words “, or with regulations made under section 17A of that Act”;

(b)

in regulation 6(2) (supersession of decisions)45, after sub-paragraph (f) insert the following sub-paragraph—

“(fa)

is a decision that a jobseeker’s allowance is payable to a claimant where that allowance ceases to be payable or is reduced by virtue of regulations made under section 17A of the Jobseekers Act;”;

(c)

after regulation 7(8) (date from which a decision superseded under section 10 takes effect)46 insert the following paragraph—

“(8ZA)

A decision to which regulation 6(2)(fa) applies shall take effect on the day specified in regulation 8(6)(a) or (b) of the Jobseeker’s Allowance (Mandatory Work Activity Scheme) Regulations 2011.”.

Consequential amendments relating to the Jobseeker’s Allowance (Work for Your Benefit Pilot Scheme) Regulations 201019.

The following regulations of the Jobseeker’s Allowance (Work for Your Benefit Pilot Scheme) Regulations 201047 are revoked—

(a)

regulation 10(4) (hardship);

(b)

regulation 18(b) to (f) (further modifications of the Jobseeker’s Allowance Regulations);

(c)

regulation 19 (consequential modifications relating to sanctions); and

(d)

regulation 20(a) and (b) (consequential modifications relating to decisions and appeals).

PART 6Contracting Out

Contracting out certain functions in relation to the Scheme20.

(1)

Any functions of the Secretary of State specified in paragraph (2) may be exercised by, or by employees of, such person (if any) as may be authorised by the Secretary of State.

(2)

The functions are any function under—

(a)

regulation 4 (requirement to participate and notification);

(b)

regulation 5(1)(a) (notice that requirement to participate ceases).

Signed by authority of the Secretary of State for Work and Pensions.

Chris Grayling
Minister of State,
Department for Work and Pensions

We consent

Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
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 21st 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.