Jobseekers Act 1995

Yn ddilys o 12/11/2009

Voluntary and mandatory rehabilitation plans E+W+S

5 (1) Regulations may make provision for or in connection with—

(a) securing that a person (“P”) who at any time complies with a voluntary rehabilitation plan is not required to meet the jobseeking conditions at that time; and

(b) suspending any jobseeker's agreement to which P is a party for any period during which P complies with a voluntary rehabilitation plan.

(2) Regulations under this paragraph may include provision for the consequences set out in sub-paragraph (1)(a) and (b) to follow only if the Secretary of State is satisfied that—

(a) P is dependent on, or has a propensity to misuse, any drug, and

(b) P's dependency or propensity is a factor affecting P's prospects of obtaining or remaining in work.

(3) For the purposes of this paragraph a “voluntary rehabilitation plan” is an agreement entered into by the Secretary of State and P under which P agrees to take one or more of the following steps.

(4) The steps are—

(a) submitting to treatment by or under the direction of a person having the necessary qualifications or experience,

(b) taking part in specified interviews, and specified assessments, at specified places and times, and

(c) taking such other steps (if any) as may be specified,

with a view to the reduction or elimination of P's dependency on, or propensity to misuse, the drug in question.

(5) The treatment may be—

(a) treatment as a resident in a specified institution or place, or

(b) treatment as a non-resident at a specified institution or place, and at specified intervals.

(6) Regulations under this paragraph may, in particular, make provision—

(a) as to the maximum period for which a person may benefit from the provision made by the regulations;

(b) about the form of voluntary rehabilitation plans (including provision as to their signing);

(c) about the review, variation and revocation of voluntary rehabilitation plans;

(d) for securing that a person who agrees to comply with a voluntary rehabilitation plan provides information, and such evidence as may be prescribed, as to compliance with the plan.

(7) A jobseeker's allowance may also be known as a “treatment allowance” at any time when—

(a) it is payable in respect of a person to whom this paragraph applies, or

(b) it is payable in respect of a joint-claim couple both members of which are persons to whom this paragraph applies.

(8) In this paragraph “specified”, in relation to a voluntary rehabilitation plan, means specified in or determined in accordance with the plan.

6 (1) Regulations may make provision for or in connection with imposing on a person a requirement to comply with a mandatory rehabilitation plan.

(2) Regulations under this paragraph must include provision for securing that a person is subject to the requirement mentioned in sub-paragraph (1) at any time only if—

(a) the person has not at that time agreed to comply with a voluntary rehabilitation plan under paragraph 5, and

(b) the Secretary of State is satisfied as mentioned in sub-paragraph (2) of that paragraph.

(3) For the purposes of this paragraph a “mandatory rehabilitation plan” is a document—

(a) which is provided to the person by the Secretary of State, and

(b) which contains one or more of the following requirements.

(4) The requirements are that the person—

(a) must attend an educational programme at a specified place and at specified times,

(b) must take part in specified interviews, and specified assessments, at specified places and times, and

(c) must take such other steps (if any) as may be specified,

with a view to the reduction or elimination of the person's dependency on, or propensity to misuse, the drug in question.

(5) Nothing may be specified in a mandatory rehabilitation plan which requires a person to submit to medical or surgical treatment.

(6) Regulations under this paragraph may, in particular, make provision—

(a) as to the involvement of a person in determining the particular requirements to be contained in a mandatory rehabilitation plan with which the person is to be required to comply;

(b) about the form of mandatory rehabilitation plans (including provision as to their signing);

(c) about the review, variation and revocation of mandatory rehabilitation plans;

(d) for securing that a person who is required to comply with a mandatory rehabilitation plan provides information, and such evidence as may be prescribed, as to compliance with the plan.

(7) Regulations under this paragraph may not impose a requirement on a person at any time unless the person would (apart from the regulations) be required to meet the jobseeking conditions at that time.

(8) In this paragraph “specified”, in relation to a mandatory rehabilitation plan, means specified in or determined in accordance with the plan.