2011 No. 688
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 1992 M1, sections 30 and 146(1) and (2) of the Housing Grants, Construction and Regeneration Act 1996 M2, sections 9 and 10 of the Social Security Act 1998 M3 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 1995 M4.
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 1996 M5.
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 undertaken M6.
In accordance with section 172(1) of the Social Security Administration Act 1992 M7, the Secretary of State referred the proposals for these Regulations to the Social Security Advisory Committee.
1996 c. 53 (“the 1996 Act”). Section 30 was amended by S.I. 2002/1860 and by section 81 of, and Schedule 8 to, the Civil Partnership Act 2004 (c. 33); the functions of the Secretary of State and the Treasury, so far as exercisable in relation to Wales were transferred to the National Assembly for Wales, by the National Assembly for Wales (Transfer of Functions) Order 1999, SI 1999/672, art 2, Schedule 1; section 146 was amended by the Local Democracy, Economic Development and Construction Act 2009 (c. 20) on a day to be appointed and the functions of the Secretary of State, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales, by the National Assembly for Wales (Transfer of Functions) Order 1999, SI 1999/672, art 2, Schedule 1.
1995 c. 18. Section 17A was inserted by section 1 of the Welfare Reform Act 2009 (c. 24); section 20B was inserted by section 59 and Schedule 7 to the Welfare Reform and Pensions Act 1999 (c. 30); sections 35(1) and 36(4) were amended by section 2 of, and paragraphs 62 and 63 of Schedule 3 to, the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2). Section 35(1) is an interpretation provision and is cited because of the meaning it gives to the words “prescribed” and “regulations”.
See section 30(9) of the 1996 Act.
See section 176(2) of the Social Security Administration Act 1992.
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 2006 M8;
“the Housing Benefit Regulations” means the Housing Benefit Regulations 2006 M9;
“the Housing Renewal Grants Regulations” means the Housing Renewal Grants Regulations 1996 M10;
“the Jobseeker's Allowance Regulations” means the Jobseeker's Allowance Regulations 1996 M11;
“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 1971 M12 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 conditions M13 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 1987 M14, 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) M15 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 Regulations M16.
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 Regulations M17 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 Regulations M18.
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 Regulations M19 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 Regulations M20;
b
regulation 42(7) of the Housing Benefit Regulations M21;
c
regulation 31(9A) of the Housing Renewal Grants Regulations M22;
d
regulation 105(10A) of the Jobseeker's Allowance Regulations M23.
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 Regulations M24;
b
regulation 49(4) of the Housing Benefit Regulations M25;
c
regulation 38(3A) of the Housing Renewal Grants Regulations M26;
d
regulation 113(3A) of the Jobseeker's Allowance Regulations M27.
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. M28—
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. M29—
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) M30, insert the words “
or under the Mandatory Work Activity Scheme
”
after “scheme”;
b
in regulation 47(4)(b)(ii)
(jobseeking period) M31 insert the words “
regulations made under section 17A or by virtue of
”
before “section 19”;
c
at the end of regulation 53 M32 (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) M33 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) M34 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”) M35, 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) M36, 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 provisions M37—
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 2006 M38;
c
regulation 3(j) (circumstances in which discretionary housing payments may be made) of the Discretionary Financial Assistance Regulations 2001 M39;
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 2006 M40.
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 2001 M41, after “8” insert “
, 17A
”
.
4
In regulation 8A(5) (credits for unemployment) of the Social Security (Credits) Regulations 1975 M42, 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 1999 M43 are amended as follows—
a
in regulation 3(6)
(revision of decisions) M44, after “Jobseekers Act” insert the words “
, or with regulations made under section 17A of that Act
”
;
b
in regulation 6(2) (supersession of decisions) M45, 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) M46 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 2010 M47 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.
We consent
1992 c. 4. Section 123(1) was amended by section 103 of, and Schedule 9 to, the Local Government Finance Act 1992 (c. 14), by section 60 of, and Schedule 6 to, the Tax Credits Act 2002 (c. 21); section 137(1) is an interpretation provision and is cited because of the meaning given to the word “prescribed”; section 175(1) and (4) were amended by section 2 of, and paragraph 29(1) and (2) of Schedule 3 to, the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2).