SCHEDULES
F1SCHEDULE 1APersons dependent on drugs etc.
2Requirements imposed in relation to use of drugs
1
Regulations may make provision for or in connection with imposing on a person who is subject to a requirement imposed under paragraph 1 a requirement to take part in—
a
a substance-related assessment, and
b
a subsequent interview (a “drugs interview”) with an approved person to discuss any matters arising out of that assessment,
as a condition of continuing to be entitled to the full amount payable to the person in respect of an employment and support allowance apart from the regulations.
2
For the purposes of this paragraph—
a “substance-related assessment” means an assessment by an approved person carried out for the purpose of assessing—
- a
whether a person is dependent on, or has a propensity to misuse, any drug, and
- b
(if so) whether the person’s dependency or propensity is such as requires and may be susceptible to treatment;
- a
an “approved person” means a person having the necessary qualifications or experience who is approved by the Secretary of State for the purposes of this paragraph.
3
Regulations under this paragraph must include provision for the requirement mentioned in sub-paragraph (1) to be imposed on a person only if the Secretary of State has reasonable grounds for suspecting that—
a
the person may be dependent on, or have a propensity to misuse, any drug, and
b
any such dependency or propensity may be a factor affecting the person’s prospects of obtaining or remaining in work.
4
Regulations under this paragraph may, in particular, make provision—
a
for notifying a person of a requirement to take part in a substance-related assessment or a drugs interview;
b
for the determination, and notification, of the time and place of any substance-related assessment or drugs interview in which a person is required to take part.
5
Regulations under this paragraph may, in particular, make provision for a requirement imposed on a person (“P”) under this paragraph to cease to have effect if—
a
P agrees to provide a sample, in accordance with instructions given by an approved person, for the purpose of ascertaining whether there is or has been any drug in P’s body, and
b
the sample provided indicates that no drug is or has been in P’s body.
6
Regulations under this paragraph must include provision for a requirement imposed on a person by the regulations to cease to have effect if the person becomes a member of the support group.
Sch. 1A inserted (12.11.2009) by Welfare Reform Act 2009 (c. 24), s. 61(1), Sch. 3 para. 7