Statutory Instruments
Social Security
Made
11th January 2011
The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by section 61(3) and (4) of the Welfare Reform Act 2009(1).
1. This Order may be cited as the Welfare Reform Act 2009 (Commencement No. 7) Order 2012.
2. The day appointed for the coming into force of section 29 (exemption from jobseeking conditions for victims of domestic violence) of the Welfare Reform Act 2009 is 19th January 2012.
Signed by authority of the Secretary of State for Work and Pensions.
C Grayling
Minister of State,
Department for Work and Pensions
11th January 2012
(This note is not part of the Order)
This Order brings into force section 29 of the Welfare Reform Act 2009 on 19th January 2012 for the purpose of conferring power to make Regulations under paragraph 8B of Schedule 1 to the Jobseekers Act 1995 (‘the Act’) and for the purpose of prescribing the Parliamentary procedure that applies in relation to regulations made under paragraph 8B of Schedule 1 to the Act.
Section 29(1) inserts new paragraph 8B into Schedule 1 to the Act. Paragraph 8B requires the Secretary of State to make regulations under sections 6(4), 7(4) and 9(10) of the Act providing for victims of domestic violence who are claiming a jobseeker’s allowance to be treated as available for and actively seeking work for a set 13 week period, and if the claimant has not completed a jobseeker’s agreement before the 13 week period begins, to be treated as having entered into a jobseeker’s agreement which is in force for the 13 week period. Paragraph 8B enables the regulations to specify the circumstances in which domestic violence must have been inflicted or threatened in order for the exemption to apply, to prescribe the circumstances in which domestic violence is, or is not, to be regarded as having been inflicted or threatened and to define “domestic violence”.
Section 29(2) amends section 37(1)(c) of the Act to prescribe that Regulations under paragraph 8B of Schedule 1 to the Act are subject to the affirmative resolution procedure.
A full impact assessment has not been produced for this instrument as it has no impact on the private sector or civil society organisations.
(This note is not part of the Order)
The following provisions of the Welfare Reform Act 2009 have been brought into force by commencement order made before the date of this Order:
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Section 3(2) and (5) (for the purpose of conferring the power to make regulations) | 6th October 2011 | 2011/2427 |
| Section 3(2) and (5) (for all other purposes) | 31st October 2011 | 2011/2427 |
| Section 10 | 10th February 2010 | 2010/293 |
| Section 12(1) and (3) | 1st October 2010 | 2010/2377 |
| Section 12(2), (4) and (6) | 1st November 2010 | 2010/2377 |
| Section 12(5) (insofar as it inserts subsections (3B)(a) and (3C) only into section 2 of the Jobseekers Act 1995 | 29th November 2011 | 2011/2857 |
| Section 13(1) | 1st October 2010 | 2010/2377 |
| Section 13(2) and (3) | 1st November 2010 | 2010/2377 |
| Section 13(4) (for the purpose of conferring the power to make regulations) | 1st October 2010 | 2010/2377 |
| Section 13(4) (for all other purposes) | 1st November 2010 | 2010/2377 |
| Section 13(5) | 29th November 2011 | 2011/2857 |
| Section 14 (for the purpose of conferring the power to make regulations) | 11th April 2010 | 2010/293 |
| Section 14 (partially) | 15th October 2010 | 2010/293 |
| Section 14 (for all other purposes) | 11th April 2011 | 2010/293 |
| Section 24 (for the purpose of conferring the power to make regulations) | 12th January 2010 | 2010/45 |
| Section 24 (for all other purposes) | 1st April 2010 | 2010/45 |
| Section 26 | 22nd March 2010 | 2010/293 |
| Section 32(1) (partially) | 9th March 2011 | 2011/682 |
| Section 32(2) (partially) | 9th March 2011 | 2011/682 |
| Section 33 (for the purpose of conferring the power to make regulations) | 10th February 2010 | 2010/293 |
| Section 33 (for all other purposes) | 6th April 2010 | 2010/293 |
| Section 35 | 10th February 2010 | 2010/293 |
| Section 55(3) and section 55(1) (in so far as it relates to section 55(3)) | 14th January 2010 | 2010/45 |
| Section 58(1) (partially) | 22nd March 2010 | 2010/293 |
| Section 58(1) (partially) | 1st April 2010 | 2010/293 |
| Schedule 4 (for the purpose of conferring the power to make regulations) | 12th January 2010 | 2010/45 |
| Schedule 4 (for all other purposes) | 1st April 2010 | 2010/45 |
| Part 3 of Schedule 7 (partially) | 22nd March 2010 | 2010/293 |
| Part 3 of Schedule 7 (partially) | 1st April 2010 | 2010/293 |