Office of Public Sector Information
PART 1 continued
(1) The Secretary of State shall in prescribed circumstances provide a person subject to a requirement imposed under section 12(1) with a document prepared for such purposes as may be prescribed (in this section referred to as an action plan).
(2) 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.
(3) Regulations under this section may, in particular, make provision for action plans which are provided to a person who is subject under section 13 to a requirement to undertake work-related activity to contain particulars of activity which, if undertaken, would enable the requirement to be met.
(4) Regulations may make provision for reconsideration of an action plan at the request of the person to whom the plan 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.
(1) In prescribed circumstances, the Secretary of State may by direction given to a person subject to a requirement imposed under section 13(1) provide that the undertaking of activity specified in the direction is, in his case, to be treated as not being the undertaking of work-related activity.
(2) The power under subsection (1) to give directions—
(a) is exercisable by instrument in writing, and
(b) includes power to vary or revoke a direction given in previous exercise of the power.
(3) 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.
(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 12;
(b) providing documents under section 14;
(c) giving, varying or revoking directions under section 15.
(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 11 to 15, except the making of a decision to which subsection (3) applies (an “excluded decision”);
(b) the function under section 9(1) of the Social Security Act 1998 (c. 14) (revision of decisions), so far as relating to decisions, except excluded decisions, that relate to any matter arising under such regulations;
(c) the function under section 10(1) of that Act (superseding of decisions), so far as relating to decisions, except excluded decisions, of the Secretary of State that relate to any matter arising under such regulations;
(d) any function under Chapter 2 of Part 1 of that Act (social security decisions), except section 25(2) and (3) (decisions involving issues that arise on appeal in other cases), which relates to the exercise of any of the functions falling within paragraphs (a) to (c).
(3) This subsection applies to the following decisions—
(a) a decision about whether a person has failed to comply with a requirement imposed by regulations under section 11, 12 or 13;
(b) a decision about whether a person had good cause for failure to comply with such a requirement;
(c) a decision about reduction of an employment and support allowance in consequence of 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 or areas 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 subsection (1), or by virtue of regulations under subsection (2), 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 or areas as may be so specified, and
(c) either unconditionally or subject to the fulfilment of such conditions as may be so specified.
(6) In the case of an authorisation given by virtue of regulations under subsection (2), subsection (5) is subject to the provisions of the regulations.
(7) An authorisation given by virtue of subsection (1), or by virtue of regulations under subsection (2)—
(a) may specify its duration,
(b) may be revoked at any time by the Secretary of State, and
(c) shall not prevent the Secretary of State or any other person from exercising the function to which the authorisation relates.
(8) Where a person is authorised to exercise any function by virtue of subsection (1), or by virtue of regulations under subsection (2), anything done or omitted to be done by or in relation to him (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by or in relation to the Secretary of State.
(9) Subsection (8) shall 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 or omitted to be done by the authorised person (or an employee of his).
(10) Any decision which a person authorised to exercise any function by virtue of subsection (1), or by virtue of regulations under subsection (2), makes in exercise of the function shall have effect as a decision of the Secretary of State under section 8 of the Social Security Act 1998 (c. 14).
(11) Where—
(a) a person is authorised to exercise any function by virtue of subsection (1), or by virtue of regulations under subsection (2), and
(b) the authorisation is revoked at a time when a relevant contract is subsisting,
the authorised person shall be entitled to treat the relevant contract as repudiated by the Secretary of State (and not as frustrated by reason of the revocation).
(12) In subsection (11), the reference to a relevant contract is to so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function.
(13) In this section, references to functions of the Secretary of State under—
(a) an enactment contained in, or in regulations under, this Part, or
(b) an enactment contained in Chapter 2 of Part 1 of the Social Security Act 1998,
include a reference to any function which the Secretary of State has by virtue of the application in relation to that enactment of section 8(1)(c) of that Act (decisions under certain enactments to be made by the Secretary of State).
(1) In relation to a claim for an employment and support allowance, the income and capital of a person shall be calculated or estimated in such manner as may be prescribed.
(2) A person’s income in respect of a week shall be calculated in accordance with prescribed rules, which may provide for the calculation to be made by reference to an average over a period (which need not include the week concerned).
(3) Circumstances may be prescribed in which—
(a) a person is to be treated as possessing capital or income which he does not possess;
(b) capital or income which a person does possess is to be disregarded;
(c) income is to be treated as capital;
(d) capital is to be treated as income.
(4) Regulations may provide that a person’s capital shall be deemed for the purposes of this Part to yield him an income at a prescribed rate.
(1) Regulations may provide for a person to be disqualified for receiving an employment and support allowance, or treated for such purposes as the regulations may provide as not having limited capability for work, if—
(a) he has become someone who has limited capability for work through his own misconduct,
(b) he remains someone who has limited capability for work through his failure without good cause to follow medical advice, or
(c) he fails without good cause to observe any prescribed rules of behaviour.
(2) Regulations under subsection (1) shall provide for any such disqualification, or treatment, to be for such period not exceeding 6 weeks as may be determined in accordance with Chapter 2 of Part 1 of the Social Security Act 1998 (c. 14).
(3) Regulations may prescribe for the purposes of subsection (1)—
(a) matters which are, or are not, to be taken into account in determining whether a person has good cause for any act or omission;
(b) circumstances in which a person is, or is not, to be regarded as having good cause for any act or omission.
(4) Except where regulations otherwise provide, a person shall be disqualified for receiving a contributory allowance for any period during which he is—
(a) absent from Great Britain, or
(b) undergoing imprisonment or detention in legal custody.
(1) Any regulations to which this subsection applies may be made so as to have effect for a specified period not exceeding 24 months.
(2) Subject to subsection (3), subsection (1) applies to—
(a) regulations which are made under any provision of this Part, other than sections 3, 8 and 9;
(b) regulations which are made under the Administration Act, so far as they relate to an employment and support allowance.
(3) Subsection (1) only applies to regulations if they are made with a view to ascertaining whether their provisions will or will be likely to—
(a) encourage persons to obtain or remain in work, or
(b) make it more likely that persons will obtain or remain in work or be able to do so.
(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 provide that its provisions are to apply only in relation to—
(a) one or more specified areas;
(b) one or more specified classes of person;
(c) persons selected—
(i) by reference to prescribed criteria, or
(ii) on a sampling basis.
(6) A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period.
(7) A pilot scheme may be replaced by a further pilot scheme making the same or similar provision.
(1) A person is not entitled to an employment and support allowance in respect of a day if, for the purposes of statutory sick pay, that day—
(a) is a day of incapacity for work in relation to a contract of service, and
(b) falls within a period of entitlement (whether or not it is a qualifying day).
(2) Except as regulations may provide, a woman who is entitled to statutory maternity pay is not entitled to a contributory allowance in respect of a day that falls within the maternity pay period.
(3) Regulations may provide that—
(a) an amount equal to a woman’s statutory maternity pay for a period shall be deducted from a contributory allowance in respect of the same period,
(b) a woman shall only be entitled to a contributory allowance if there is a balance after the deduction, and
(c) if there is such a balance, a woman shall be entitled to a contributory allowance at a weekly rate equal to it.
(4) Except as regulations may provide, a person who is entitled to statutory adoption pay is not entitled to a contributory allowance in respect of a day that falls within the adoption pay period.
(5) Regulations may provide that—
(a) an amount equal to a person’s statutory adoption pay for a period shall be deducted from a contributory allowance in respect of the same period,
(b) a person shall only be entitled to a contributory allowance if there is a balance after the deduction, and
(c) if there is such a balance, a person shall be entitled to a contributory allowance at a weekly rate equal to it.
(6) Except as regulations may provide, a person who is entitled to additional statutory paternity pay is not entitled to a contributory allowance in respect of a day that falls within the additional paternity pay period.
(7) Regulations may provide that—
(a) an amount equal to a person’s additional statutory paternity pay for a period shall be deducted from a contributory allowance in respect of the same period,
(b) a person shall only be entitled to a contributory allowance if there is a balance after the deduction, and
(c) if there is such a balance, a person shall be entitled to a contributory allowance at a weekly rate equal to it.
(8) In this section—
“the additional paternity pay period” has the meaning given in section 171ZEE(2) of the Contributions and Benefits Act;
“the adoption pay period” has the meaning given in section 171ZN(2) of that Act;
“the maternity pay period” has the meaning given in section 165(1) of that Act.
Regulations may provide for a person who would be entitled to an employment and support allowance but for the operation of any provision of, or made under, this Part, the Administration Act or Chapter 2 of Part 1 of the Social Security Act 1998 (c. 14) (social security decisions and appeals) to be treated as if entitled to the allowance for the purposes of any rights or obligations (whether his own or another's) which depend on his entitlement, other than the right to payment of it.
Schedule 2 (which contains further provisions in relation to an employment and support allowance) has effect.
(1) Regulations may make provision for the court to have power to make a recovery order against any person where an award of income-related allowance has been made to that person’s spouse or civil partner.
(2) The reference in subsection (1) to a recovery order is to an order requiring the person against whom it is made to make payments to the Secretary of State or to such other person or persons as the court may determine.
(3) Regulations under subsection (1) may include—
(a) provision as to the matters to which the court is, or is not, to have regard in determining any application under the regulations;
(b) provision as to the enforcement of orders under the regulations;
(c) provision for the transfer by the Secretary of State of the right to receive payments under, and to exercise rights in relation to, orders under the regulations.
(4) In this section, “the court” means—
(a) in relation to England and Wales, a magistrates' court;
(b) in relation to Scotland, the sheriff.
(1) In this Part—
“claimant” means a person who has claimed an employment and support allowance;
“contributory allowance” has the meaning given by section 1(7);
“employment” and “employed” have the meanings prescribed for the purposes of this Part;
“entitled”, in relation to an employment and support allowance, is to be construed in accordance with—
the provisions of this Act,
section 1 of the Administration Act (entitlement dependent on making of claim), and
section 27 of the Social Security Act 1998 (c. 14) (restrictions on entitlement in certain cases of error);
“income-related allowance” has the meaning given by section 1(7);
“income support” means income support under section 124 of the Contributions and Benefits Act;
“limited capability for work” shall be construed in accordance with section 1(4);
“limited capability for work-related activity” shall be construed in accordance with section 2(5);
“period of limited capability for work” has the meaning prescribed for the purposes of this Part;
“prescribed” means specified in, or determined in accordance with, regulations;
“regulations” means regulations made by the Secretary of State;
“week” means a period of 7 days beginning with a Sunday or such other period of 7 days as may be prescribed;
“work-related activity” has the meaning given by section 13(7).
(2) For the purposes of this Part, the assessment phase, in relation to a claimant, is the period—
(a) beginning, subject to subsection (3), with the first day of the period for which he is entitled to an employment and support allowance, and
(b) ending with such day as may be prescribed.
(3) Regulations may prescribe circumstances in which the assessment phase is to begin with such day as may be prescribed.
(4) For the purposes of this Part, a person is a member of the support group if he is a person in respect of whom it is determined that he has, or is to be treated as having, limited capability for work-related activity.
(1) Any power under this Part to make regulations shall be exercisable by statutory instrument.
(2) Any such power may be exercised—
(a) in relation to all cases to which it extends,
(b) in relation to those cases subject to specified exceptions, or
(c) in relation to any specified cases or classes of case.
(3) Any such power may be exercised so as to make, as respects the cases in relation to which it is exercised—
(a) the full provision to which the power extends or any less provision (whether by way of exception or otherwise);
(b) the same provision for all cases in relation to which it is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Part;
(c) any such provision either unconditionally or subject to any specified condition.
(4) Where any such power is expressed to be exercisable for alternative purposes, it may be exercised in relation to the same case for all or any of those purposes.
(5) Any such power includes power—
(a) to make such incidental, supplementary, consequential or transitional provision or savings as appear to the Secretary of State to be expedient;
(b) to provide for a person to exercise a discretion in dealing with any matter.
(6) Without prejudice to the generality of the provisions of this section, regulations under any of sections 11 to 15 may make provision which applies only in relation to an area or areas specified in the regulations.
(7) The fact that a power to make regulations is conferred by this Part is not to be taken to prejudice the extent of any other power to make regulations so conferred.
(1) None of the following regulations shall be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament—
(a) regulations under section 2(2)(c) or (3)(c) or 4(4)(c) or (5)(c);
(b) the first regulations under section 13;
(c) regulations which by virtue of section 19(1) are to have effect for a limited period.
(2) A statutory instrument that—
(a) contains regulations made under this Part, and
(b) is not subject to a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) There shall be paid out of the National Insurance Fund so much of any sums payable by way of employment and support allowance as is attributable to entitlement to a contributory allowance.
(2) There shall be paid out of money provided by Parliament—
(a) so much of any sums payable by way of employment and support allowance as is attributable to entitlement to an income-related allowance, and
(b) any administrative expenses of the Secretary of State or the Commissioners for Her Majesty’s Revenue and Customs in carrying this Part into effect.
(3) The Secretary of State shall pay into the National Insurance Fund sums estimated by him to be equivalent in amount to sums recovered by him in connection with payments of contributory allowance.
(4) The Secretary of State shall pay into the Consolidated Fund sums estimated by him to be equivalent in amount to sums recovered by him in connection with payments made by way of income-related allowance.
(1) Schedule 3 (which makes amendments consequential on this Part) has effect.
(2) Regulations may make provision consequential on this Part amending, repealing or revoking any provision of—
(a) an Act passed on or before the last day of the Session in which this Act is passed, or
(b) an instrument made under an Act before the passing of this Act.
(3) In subsection (2), “Act” includes an Act of the Scottish Parliament.
Schedule 4 (which makes provision with respect to transition in relation to this Part) has effect.
Welfare Reform Act 2007