2DWork-related activity

1

Regulations may make provision for or in connection with imposing on a person who—

a

is entitled to income support, and

b

is not a lone parent of a child under the age of 3,

a requirement to undertake work-related activity in accordance with regulations as a condition of continuing to be entitled to the full amount of income support payable apart from the regulations.

2

Regulations may make provision for or in connection with imposing on a person (“P”) who—

a

is under pensionable age, and

b

is a member of a couple the other member of which (“C”) is entitled to a benefit to which subsection (3) applies at a higher rate referable to P,

a requirement to undertake work-related activity in accordance with regulations as a condition of the benefit continuing to be payable to C at that rate.

3

The benefits to which this subsection applies are—

a

income support;

b

an income-based jobseeker's allowance other than a joint-claim jobseeker's allowance; and

c

an income-related employment and support allowance.

4

Regulations under this section may, in particular, make provision—

a

prescribing circumstances in which a person is to be subject to any requirement imposed by the regulations (a “relevant requirement”);

b

for notifying a person of a relevant requirement;

c

prescribing the time or times at which a person who is subject to a relevant requirement is required to undertake work-related activity and the amount of work-related activity the person is required at any time to undertake;

d

prescribing circumstances in which a person who is subject to a relevant requirement is, or is not, to be regarded as undertaking work-related activity;

e

in a case where C is a member of more than one couple, for determining which of the members of the couples is to be subject to a relevant requirement or requiring each of them to be subject to a relevant requirement;

f

for securing that the appropriate consequence follows if —

i

a person who is subject to a relevant requirement has failed to comply with the requirement, and

ii

it is not shown, within a prescribed period, that the person had good cause for that failure;

g

prescribing the evidence which a person who is subject to a relevant requirement needs to provide in order to show compliance with the requirement;

h

prescribing matters which are, or are not, to be taken into account in determining whether a person had good cause for any failure to comply with a relevant requirement;

i

prescribing circumstances in which a person is, or is not, to be regarded as having good cause for any such failure.

5

For the purposes of subsection (4)(f) the appropriate consequence is that the amount of the benefit payable is to be reduced by the prescribed amount until the prescribed time.

6

Regulations under subsection (5) may, in relation to any such reduction, provide—

a

for the amount of the reduction to be calculated in the first instance by reference to such amount as may be prescribed;

b

for the amount as so calculated to be restricted, in prescribed circumstances, to the prescribed extent.

7

Regulations under this section may include provision that in such circumstances as the regulations may provide a person's obligation under the regulations to undertake work-related activity at a particular time is not to apply, or is to be treated as not having applied.

8

Regulations under this section must include provision for securing that lone parents are entitled (subject to meeting any prescribed conditions) to restrict the times at which they are required to undertake work-related activity.

9

For the purposes of this section and sections 2E and 2F—

a

“couple” has the meaning given by section 137(1) of the Contributions and Benefits Act;

b

“lone parent” means a person who—

i

is not a member of a couple, and

ii

is responsible for, and a member of the same household as, a child;

c

“prescribed” means specified in, or determined in accordance with, regulations;

d

“work-related activity”, in relation to a person, means activity which makes it more likely that the person will obtain or remain in work or be able to do so;

e

any reference to a person attaining pensionable age is, in the case of a man born before 6 April 1955, a reference to the time when a woman born on the same day as the man would attain pensionable age;

f

any reference to a benefit payable to C at a higher rate referable to P is a reference to any case where the amount payable is more than it would be if C and P were not members of the same couple.

10

For the purposes of this section regulations may make provision—

a

as to circumstances in which one person is to be treated as responsible or not responsible for another;

b

as to circumstances in which persons are to be treated as being or not being members of the same household.

11

Information supplied in pursuance of regulations under this section is to be taken for all purposes to be information relating to social security.

2EAction plans in connection with work-focused interviews

1

The Secretary of State must in prescribed circumstances provide a document (referred to in this section as an “action plan”) prepared for such purposes as may be prescribed to a person who is subject to a requirement imposed under section 2A or 2AA in relation to any of the following benefits.

2

The benefits are—

a

income support;

b

an income-based jobseeker's allowance other than a joint-claim jobseeker's allowance; and

c

an income-related employment and support allowance.

3

Regulations may make provision about—

a

the form of action plans;

b

the content of action plans;

c

the review and updating of action plans.

4

Regulations under this section may, in particular, make provision for action plans which are provided to a person who is subject under section 2D to a requirement to undertake work-related activity to contain particulars of activity which, if undertaken, would enable the requirement to be met.

5

Regulations may make provision for reconsideration of an action plan at the request of the person to whom it is provided and may, in particular, make provision about—

a

the circumstances in which reconsideration may be requested;

b

the period within which any reconsideration must take place;

c

the matters to which regard must be had when deciding on reconsideration whether the plan should be changed;

d

notification of the decision on reconsideration;

e

the giving of directions for the purpose of giving effect to the decision on reconsideration.

6

In preparing any action plan, the Secretary of State must have regard (so far as practicable) to its impact on the well-being of any person under the age of 16 who may be affected by it.

2FDirections about work-related activity

1

In prescribed circumstances, the Secretary of State may by direction given to a person subject to a requirement imposed under section 2D provide that the activity specified in the direction is—

a

to be the only activity which, in the person's case, is to be regarded as being work-related activity; or

b

to be regarded, in the person's case, as not being work-related activity.

2

But a direction under subsection (1) may not specify medical or surgical treatment as the only activity which, in any person's case, is to be regarded as being work-related activity.

3

A direction under subsection (1) given to any person—

a

must be reasonable, having regard to the person's circumstances;

b

must be given to the person by being included in an action plan provided to the person under section 2E; and

c

may be varied or revoked by a subsequent direction under subsection (1).

4

Where a direction under subsection (1) varies or revokes a previous direction, it may provide for the variation or revocation to have effect from a time before the giving of the direction.

2GContracting-out

1

The following functions of the Secretary of State may be exercised by, or by employees of, such person (if any) as the Secretary of State may authorise for the purpose, namely—

a

conducting interviews under section 2A or 2AA;

b

providing documents under section 2E;

c

giving, varying or revoking directions under section 2F.

2

Regulations may provide for any of the following functions of the Secretary of State to be exercisable by, or by employees of, such person (if any) as the Secretary of State may authorise for the purpose—

a

any function under regulations under any of sections 2A to 2F, except the making of an excluded decision (see subsection (3));

b

the function under section 9(1) of the 1998 Act (revision of decisions) so far as relating to decisions (other than excluded decisions) that relate to any matter arising under regulations under any of sections 2A to 2F;

c

the function under section 10(1) of the 1998 Act (superseding of decisions) so far as relating to decisions (other than excluded decisions) of the Secretary of State that relate to any matter arising under regulations under any of sections 2A to 2F;

d

any function under Chapter 2 of Part 1 of the 1998 Act (social security decisions), except section 25(2) and (3) (decisions involving issues arising on appeal in other cases), which relates to the exercise of any of the functions within paragraphs (a) to (c).

3

Each of the following is an “excluded decision” for the purposes of subsection (2)—

a

a decision about whether a person has failed to comply with a requirement imposed by regulations under section 2A, 2AA or 2D;

b

a decision about whether a person had good cause for failure to comply with such a requirement;

c

a decision about the reduction of a benefit in consequence of a failure to comply with such a requirement.

4

Regulations under subsection (2) may provide that a function to which that subsection applies may be exercised—

a

either wholly or to such extent as the regulations may provide,

b

either generally or in such cases as the regulations may provide, and

c

either unconditionally or subject to the fulfilment of such conditions as the regulations may provide.

5

An authorisation given by virtue of any provision made by or under this section may authorise the exercise of the function concerned—

a

either wholly or to such extent as may be specified in the authorisation,

b

either generally or in such cases as may be so specified, and

c

either unconditionally or subject to the fulfilment of such conditions as may be so specified;

but, in the case of an authorisation given by virtue of regulations under subsection (2), this subsection is subject to the regulations.

6

An authorisation given by virtue of any provision made by or under this section—

a

may specify its duration,

b

may be revoked at any time by the Secretary of State, and

c

does not prevent the Secretary of State or any other person from exercising the function to which the authorisation relates.

7

Anything done or omitted to be done by or in relation to an authorised person (or an employee of that person) in, or in connection with, the exercise or purported exercise of the function concerned is to be treated for all purposes as done or omitted to be done by or in relation to the Secretary of State.

8

But subsection (7) does not apply—

a

for the purposes of so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function, or

b

for the purposes of any criminal proceedings brought in respect of anything done by the authorised person (or an employee of that person).

9

Any decision which an authorised person makes in exercise of the function concerned has effect as a decision of the Secretary of State under section 8 of the 1998 Act.

10

Where—

a

the authorisation of an authorised person is revoked at any time, and

b

at the time of the revocation so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function is subsisting,

the authorised person is entitled to treat the contract as repudiated by the Secretary of State (and not as frustrated by reason of the revocation).

11

In this section—

a

“the 1998 Act” means the Social Security Act 1998;

b

“authorised person” means a person authorised to exercise any function by virtue of any provision made by or under this section;

c

references to functions of the Secretary of State under any enactment (including one comprised in regulations) include functions which the Secretary of State has by virtue of the application of section 8(1)(c) of the 1998 Act in relation to the enactment.

2HGood cause for failure to comply with regulations

1

This section applies to any regulations made under section 2A, 2AA or 2D that prescribe matters to be taken into account in determining whether a person has good cause for any failure to comply with the regulations.

2

The provision made by the regulations prescribing those matters must include provision relating to—

a

the person's physical or mental health or condition;

b

the availability of childcare.

a

any of sections 2A to 2F and 7A of the Administration Act,

1A

Regulations under paragraph (e) of subsection (1) must secure that a person who—

a

is not a member of a couple, and

b

is responsible for, and a member of the same household as, a child under the age of F105,

falls within a category of person prescribed under that paragraph.

1B

Subsection (1A) does not apply if regulations under subsection (4)(c) of section 1A of the Jobseekers Act 1995 containing the provision mentioned in subsection (5) of that section are in force.

b

the claimant's relevant earnings for the base year upon which primary Class 1 contributions have been paid or treated as paid are not less than the base year's lower earnings limit multiplied by 26.

2A

Regulations may make provision for the purposes of subsection (2)(b) for determining the claimant's relevant earnings for the base year.

2B

Regulations under subsection (2A) may, in particular, make provision—

a

for making that determination by reference to the amount of a person's earnings for periods comprised in the base year;

b

for determining the amount of a person's earnings for any such period by—

i

first determining the amount of the earnings for the period in accordance with regulations made for the purposes of section 3(2) of the Benefits Act, and

ii

then disregarding so much of the amount found in accordance with sub-paragraph (i) as exceeded the base year's lower earnings limit (or the prescribed equivalent).

3B

Regulations may—

a

provide for the first set of conditions to be taken to be satisfied in the case of persons—

i

who have been entitled to any prescribed description of benefit during any prescribed period or at any prescribed time, or

ii

who satisfy other prescribed conditions;

b

with a view to securing any relaxation of the requirements of the first set of conditions in relation to persons who have been entitled as mentioned in paragraph (a)(i), provide for that set of conditions to apply in relation to them subject to prescribed modifications.

3C

In subsection (3B)—

• “the first set of conditions” means the condition set out in subsection (1)(a) and the additional conditions set out in subsection (2);

• “benefit” means—

  1. a

     any benefit within the meaning of section 122(1) of the Benefits Act,

  2. b

     any benefit under Parts 7 to 12 of the Benefits Act,

  3. c

     credits under regulations under section 22(5) of the Benefits Act,

  4. d

     a contribution-based jobseeker's allowance, and

  5. e

     working tax credit.

c

the claimant's earnings determined in accordance with sub-paragraph (2) must be not less than the base tax year's lower earnings limit multiplied by 26.

2

The earnings referred to in sub-paragraph (1)(c) are the aggregate of—

a

the claimant's relevant earnings for the base tax year upon which primary Class 1 contributions have been paid or treated as paid, and

b

the claimant's earnings factors derived from Class 2 contributions.

3

Regulations may make provision for the purposes of sub-paragraph (2)(a) for determining the claimant's relevant earnings for the base tax year.

3A

Regulations under sub-paragraph (3) may, in particular, make provision—

a

for making that determination by reference to the amount of a person's earnings for periods comprised in the base tax year;

b

for determining the amount of a person's earnings for any such period by—

i

first determining the amount of the earnings for the period in accordance with regulations made for the purposes of section 3(2) of the Contributions and Benefits Act, and

ii

then disregarding so much of the amount found in accordance with sub-paragraph (i) as exceeded the base tax year's lower earnings limit (or the prescribed equivalent).

ab

he falls within subsection (1AB) below; or

b

he does not fall within that subsection but does fall within subsection (2) below; or

1AB

A person falls within this subsection if—

a

he has such severe visual impairment as may be prescribed; and

b

he satisfies such other conditions as may be prescribed.

6AMeaning of “disqualifying benefit” and “sanctionable benefit” for purposes of sections 6B and 7

1

In this section and sections 6B and 7—

• “disqualifying benefit” means (subject to any regulations under section 10(1))—

  1. a

     any benefit under the Jobseekers Act 1995 or the Jobseekers (Northern Ireland) Order 1995;

  2. b

     any benefit under the State Pension Credit Act 2002 or the State Pension Credit Act (Northern Ireland) 2002;

  3. c

     any benefit under Part 1 of the Welfare Reform Act 2007 or Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance);

  4. d

     any benefit under the Social Security Contributions and Benefit Act 1992 or the Social Security Contributions and Benefits (Northern Ireland) Act 1992 other than—

     1. i

        maternity allowance;

     2. ii

        statutory sick pay and statutory maternity pay;

  5. e

     any war pension;

• “sanctionable benefit” means (subject to subsection (2) and to any regulations under section 10(1)) any disqualifying benefit other than—

  1. a

     joint-claim jobseeker's allowance;

  2. b

     any retirement pension;

  3. c

     graduated retirement benefit;

  4. d

     disability living allowance;

  5. e

     attendance allowance;

  6. f

     child benefit;

  7. g

     guardian's allowance;

  8. h

     a payment out of the social fund in accordance with Part 8 of the Social Security Contributions and Benefits Act 1992;

  9. i

     a payment under Part 10 of that Act (Christmas bonuses).

2

In their application to Northern Ireland sections 6B and 7 shall have effect as if references to a sanctionable benefit were references only to a war pension.

6BLoss of benefit in case of conviction, penalty or caution for benefit offence

1

Subsection (4) applies where a person (“the offender”)—

a

is convicted of one or more benefit offences in any proceedings,

b

after being given a notice under subsection (2) of the appropriate penalty provision by an appropriate authority, agrees in the manner specified by the appropriate authority to pay a penalty under the appropriate penalty provision to the appropriate authority by reference to an overpayment, in a case where the offence mentioned in subsection (1)(b) of the appropriate penalty provision is a benefit offence, or

c

is cautioned in respect of one or more benefit offences.

2

In subsection (1)(b)—

a

“the appropriate penalty provision” means section 115A of the Administration Act (penalty as alternative to prosecution) or section 109A of the Social Security Administration (Northern Ireland) 1992 (the corresponding provision for Northern Ireland);

b

“appropriate authority” means—

i

in relation to section 115A of the Administration Act, the Secretary of State or an authority which administers housing benefit or council tax benefit, and

ii

in relation to section 109A of the Social Security Administration (Northern Ireland) Act 1992, the Department (within the meaning of that Act) or the Northern Ireland Housing Executive.

3

Subsection (4) does not apply by virtue of subsection (1)(a) if, because the proceedings in which the offender was convicted constitute the later set of proceedings for the purposes of section 7, the restriction in subsection (2) of that section applies in the offender's case.

4

If this subsection applies and the offender is a person with respect to whom the conditions for an entitlement to a sanctionable benefit are or become satisfied at any time within the disqualification period, then, even though those conditions are satisfied, the following restrictions shall apply in relation to the payment of that benefit in the offender's case.

5

Subject to subsections (6) to (10), the sanctionable benefit shall not be payable in the offender's case for any period comprised in the disqualification period.

6

Where the sanctionable benefit is income support, the benefit shall be payable in the offender's case for any period comprised in the disqualification period as if the applicable amount used for the determination under section 124(4) of the Social Security Contributions and Benefits Act 1992 of the amount of the offender's entitlement for that period were reduced in such manner as may be prescribed.

7

The Secretary of State may by regulations provide that, where the sanctionable benefit is jobseeker's allowance, any income-based jobseeker's allowance shall be payable, during the whole or a part of any period comprised in the disqualification period, as if one or more of the following applied—

a

the rate of the allowance were such reduced rate as may be prescribed;

b

the allowance were payable only if there is compliance by the offender with such obligations with respect to the provision of information as may be imposed by the regulations;

c

the allowance were payable only if the circumstances are otherwise such as may be prescribed.

8

The Secretary of State may by regulations provide that, where the sanctionable benefit is state pension credit, the benefit shall be payable in the offender's case for any period comprised in the disqualification period as if the rate of the benefit were reduced in such manner as may be prescribed.

9

The Secretary of State may by regulations provide that, where the sanctionable benefit is employment and support allowance, any income-related allowance shall be payable, during the whole or a part of any period comprised in the disqualification period, as if one or more of the following applied—

a

the rate of the allowance were such reduced rate as may be prescribed;

b

the allowance were payable only if there is compliance by the offender with such obligations with respect to the provision of information as may be imposed by the regulations;

c

the allowance were payable only if the circumstances are otherwise such as may be prescribed.

10

The Secretary of State may by regulations provide that, where the sanctionable benefit is housing benefit or council tax benefit, the benefit shall be payable, during the whole or a part of any period comprised in the disqualification period, as if one or more of the following applied—

a

the rate of the benefit were reduced in such manner as may be prescribed;

b

the benefit were payable only if the circumstances are such as may be prescribed.

11

For the purposes of this section the disqualification period, in relation to any disqualifying event, means the period of four weeks beginning with such date, falling after the date of the disqualifying event, as may be determined by or in accordance with regulations made by the Secretary of State.

12

This section has effect subject to section 6C.

13

In this section and section 6C—

• “benefit offence” means—

  1. a

     any post-commencement offence in connection with a claim for a disqualifying benefit;

  2. b

     any post-commencement offence in connection with the receipt or payment of any amount by way of such a benefit;

  3. c

     any post-commencement offence committed for the purpose of facilitating the commission (whether or not by the same person) of a benefit offence;

  4. d

     any post-commencement offence consisting in an attempt or conspiracy to commit a benefit offence;

• “disqualifying event” means the conviction falling within subsection (1)(a), the agreement falling within subsection (1)(b) or the caution falling within subsection (1)(c);

• “post-commencement offence” means any criminal offence committed after the commencement of this section.

6CSection 6B: supplementary provisions

1

Where—

a

the conviction of any person of any offence is taken into account for the purposes of the application of section 6B in relation to that person, and

b

that conviction is subsequently quashed,

all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed by or under section 6B that could not have been imposed if the conviction had not taken place.

2

Where, after the agreement of any person (“P”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of the application of section 6B in relation to that person—

a

P's agreement to pay the penalty is withdrawn under subsection (5) of the appropriate penalty provision, or

b

it is decided on an appeal or in accordance with regulations under the Social Security Act 1998 or the Social Security (Northern Ireland) Order 1998 that the overpayment to which the agreement relates is not recoverable or due,

all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed by or under section 6B that could not have been imposed if P had not agreed to pay the penalty.

3

Where, after the agreement (“the old agreement”) of any person (“P”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of the application of section 6B in relation to P, the amount of the overpayment to which the penalty relates is revised on an appeal or in accordance with regulations under the Social Security Act 1998 or the Social Security (Northern Ireland) Order 1998—

a

section 6B shall cease to apply by virtue of the old agreement, and

b

subsection (4) shall apply.

4

Where this subsection applies—

a

if there is a new disqualifying event consisting of—

i

P's agreement to pay a penalty under the appropriate penalty provision in relation to the revised overpayment, or

ii

P being cautioned in relation to the offence to which the old agreement relates,

the disqualification period relating to the new disqualifying event shall be reduced by the number of days in so much of the disqualification period relating to the old agreement as had expired when section 6B ceased to apply by virtue of the old agreement, and

b

in any other case, all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed by or under section 6B that could not have been imposed if P had not agreed to pay the penalty.

5

For the purposes of section 6B—

a

the date of a person's conviction in any proceedings of a benefit offence shall be taken to be the date on which the person was found guilty of that offence in those proceedings (whenever the person was sentenced) or in the case mentioned in paragraph (b)(ii) the date of the order for absolute discharge; and

b

references to a conviction include references to—

i

a conviction in relation to which the court makes an order for absolute or conditional discharge or a court in Scotland makes a probation order,

ii

an order for absolute discharge made by a court of summary jurisdiction in Scotland under section 246(3) of the Criminal Procedure (Scotland) Act 1995 without proceeding to a conviction, and

iii

a conviction in Northern Ireland.

6

In this section “the appropriate penalty provision” has the meaning given by section 6B(2)(a).

18APilot schemes

1

Any regulations to which this subsection applies may be made so as to have effect for a specified period not exceeding 12 months.

2

Subject to subsection (3), subsection (1) applies to—

a

regulations made under this Act, and

b

regulations made under section 1 or 5 of the Administration Act.

3

Subsection (1) only applies to regulations if they are made with a view to ascertaining whether their provisions will—

a

make it more likely that persons who are entitled to claim state pension credit will do so;

b

make it more likely that persons who are entitled to claim state pension credit will receive it.

4

Regulations which, by virtue of subsection (1), are to have effect for a limited period are referred to in this section as a “pilot scheme”.

5

A pilot scheme may, in particular—

a

provide for a relevant provision not to apply, or to apply with modifications, for the purposes of the pilot scheme, and

b

make different provision for different cases or circumstances.

6

For the purposes of subsection (5)(a), a “relevant provision” is—

a

any provision of this Act, and

b

section 1 of the Administration Act.

7

A pilot scheme may provide that no account is to be taken of any payment made under the pilot scheme in considering a person's—

a

liability to tax,

b

entitlement to benefit under an enactment relating to social security (irrespective of the name or nature of the benefit), or

c

entitlement to a tax credit.

8

A pilot scheme may provide that its provisions are to apply only in relation to—

a

one or more specified areas or localities;

b

one or more specified classes of person;

c

persons selected—

i

by reference to prescribed criteria, or

ii

on a sampling basis.

9

A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period.

10

A pilot scheme may be replaced by a further pilot scheme making the same or similar provision.

11

The power of the Secretary of State to make regulations which, by virtue of this section, are to have effect for a limited period is exercisable only with the consent of the Treasury.

2A

A statutory instrument containing regulations which, by virtue of section 18A, are to have effect for a limited period shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

7A

Information supplied in pursuance of regulations under this section shall be taken for all purposes to be information relating to social security.

6A

Information supplied in pursuance of regulations under this section shall be taken for all purposes to be information relating to social security.

19Treatment of information supplied as information relating to social security

Information supplied in pursuance of any provision made by or under this Act shall be taken for all purposes to be information relating to social security.