The Welfare Reform Act 2009 (Commencement No. 7) Order 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force section 29 of the Welfare Reform Act 2009 on 19^th 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.