Welfare Reform Act 2012

Section 48

SCHEDULE 7 Jobseeker’s allowance in interim period: consequential amendments

Jobseekers Act 1995 (c. 18)

1 The Jobseekers Act 1995 is amended as follows.

2 (1) Section 8 (attendance etc) is amended as follows.

(2) In subsection (1A)(a) (as originally enacted), for “the Secretary of State” there is substituted “an employment officer“.

(3) In subsection (2), for paragraphs (a) to (c) there is substituted “provide for entitlement to a jobseeker’s allowance to cease at such time as may be determined in accordance with any such regulations if, when a person fails to comply with such regulations, that person (or, if that person is a member of a joint-claim couple, either member of the couple) does not make prescribed contact with an employment officer within a prescribed period of the failure.”

3 In section 16(3)(b) and 17(4) (in both places) for “good cause” there is substituted “a good reason”.

4 In section 17A (employment schemes), in subsection (5)(c) for “jobseeker’s agreement to which a person is a party” there is substituted “claimant commitment accepted by a person”.

5 Section 20 (exemptions from section 19) is amended as follows—

(a) in the heading, after “19” there is inserted “and 19A”;

(b) in subsection (1), for “prevent payment” there is substituted “authorise reduction”;

(c) in subsection (2), for “19” there is substituted “19A” and for “(5)” there is substituted “(2)(c) to (g)”;

(d) in subsection (3), for “19(6)(b) or (d)” there is substituted “19(2)(b) or (d)” and for “just cause” there is substituted “good reason”.

6 Sections 20C and 20D (uncommenced provision relating to sanctions for violent conduct etc) are repealed.

7 In section 22 (members of the forces), in subsection (2), for “section 19(6)(b)” there is substituted “section 19(2)(b)”.

8 In section 35 (interpretation), in subsection (1), before the definition of “jobseeking period” there is inserted—

• ““jobseeker’s direction” has the meaning given by section 19A;”.

9 In section 36 (regulations and orders), after subsection (1) there is inserted—

“(1A) Subsection (1) does not apply to an order under section 35(1) in relation to employment officers.”

10 (1) Schedule 1 (supplementary) is amended as follows.

(2) In paragraph 8(b), for “entered into a jobseeker’s agreement” there is substituted “accepted a claimant commitment“.

(3) In paragraph 10, at the end there is inserted—

“(6) References in sub-paragraphs (1) and (2) to an income-based jobseeker’s allowance include a payment by way of such an allowance under section 19C.”

Social Security Act 1998 (c. 14)

11 In Schedule 3 to the Social Security Act 1998 (decisions against which an appeal lies), in paragraph 8 and in the heading to that paragraph, for “jobseeker’s agreement” there is substituted “claimant commitment”.

Social Security Fraud Act 2001 (c. 11)

12 (1) Section 8 of the Social Security Fraud Act 2001 (effect of offence on joint-claim jobseeker’s allowance) is amended as follows.

(2) In subsection (2)—

(a) at the beginning there is inserted “Except in prescribed circumstances”;

(b) in paragraph (b), for sub-paragraph (i) there is substituted—

“(i) is a person whose failure sanctionable under section 19, 19A or 19B of the Jobseekers Act 1995 has given rise to a reduction under that section; or”.

(3) Subsection (5) is repealed.

Welfare Reform Act 2009 (c. 24)

13 The Welfare Reform Act 2009 is amended as follows.

14 In section 29(1) (victims of domestic violence), in sub-paragraph (3) of paragraph 8B inserted into Schedule 1 to the Jobseekers Act 1995—

(a) for the first “entered into a jobseeker’s agreement” there is substituted “accepted a claimant commitment“;

(b) for “9(10)” there is substituted “9(9)“;

(c) for “entered into a jobseeker’s agreement which is in force for” there is substituted “accepted a claimant commitment during”.

15 (1) Section 31 (well-being of children) is amended as follows.

(2) In subsection (1)—

(a) for “(the jobseeker’s agreement)“ there is substituted “(as substituted by section 44 of the Welfare Reform Act 2012 (the claimant commitment))”;

(b) in the inserted subsection (4A), for “preparing a jobseeker’s agreement for a claimant” there is substituted “considering whether to invite a claimant to accept a claimant commitment”.

16 (1) Section 32 (contracting out) is amended as follows.

(2) In subsection (2), in section 20E inserted into the Jobseekers Act 1995—

(a) for subsection (2)(a) and (b) there is substituted—

“(a) any function under section 8 (attendance etc);

(b) any function under section 9 or 10 in relation to a claimant commitment;”;

(b) after subsection (2)(d) there is inserted—

“(e) functions under section 19 or 19A;”;

(c) in subsection (4), “or 17A” is repealed.

(3) In subsection (3), for paragraphs (a) to (d) there is substituted—

“(a) section 8(1)(a), (1A) and (2);

(b) sections 9 and 10 (in all places);

(c) section 16(3)(b)(ii);

(d) sections 19 and 19A (in all places);”.