Social Welfare and Pensions (Miscellaneous Provisions) Act 2013

• Permanent Page URL

Jobseeker’s allowance — refusal or failure to engage with activation measures

13. (1) Section 141(4) (amended by section 6 of the Social Welfare and Pensions Act 2009 ) of the Principal Act is amended—

(a) by substituting the following for paragraph (b):

“(b) is, or by reason of the person’s participation in an activity prescribed for the purposes of this subsection and subject to any conditions that may be prescribed, is deemed to be, or is exempted from being required to be, available for employment, and”,

(b) in paragraph (c) by substituting “family circumstances.” for “family circumstances, and”, and

(c) by deleting paragraph (d).

(2) The Principal Act is amended by substituting the following sections for section 141A (inserted by section 8 of the Social Welfare Act 2010 ):

“Refusal or failure to attend activation meetings relating to jobseeker’s allowance

141A.(1) Notice may be given by or on behalf of the Minister to any person receiving jobseeker’s allowance requesting the person, at the time specified in the notice, to comply with the requirement specified in paragraph (a) or (b) of subsection (3).

(2) Where a person refuses or fails, without good cause, to comply with the requirement specified in the notice under subsection (1) at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, the weekly rate of jobseeker’s allowance payable to that person in respect of any such period of refusal or failure shall, subject to this section, be as set out in section 142(1A), 142A(1A) or, as the case may be, section 142B(1A).

(3) A notice under this section may require the person to whom it is given to do one of the following, at the time specified in the notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person—

(a) attend at a meeting arranged by or on behalf of the Minister for the purpose of providing information to that person which is intended to improve his or her knowledge of the employment, work experience, education, training and development opportunities available to that person, or

(b) attend for or submit to an assessment of that person’s education, training or development needs.

(4) Where jobseeker’s allowance is paid to a person at the weekly rate set out in section 142(1A), 142A(1A) or, as the case may be, section 142B(1A) on account of a refusal or failure to comply with the requirement specified in the notice under subsection (1) for a period of not less than 21 days, notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with that requirement.

(5) Where a person refuses or fails, without good cause, to comply with the requirement specified in the notice under subsection (4) at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, that person shall be disqualified for receiving jobseeker’s allowance for any period of continued refusal or failure commencing on the date specified in the notice under subsection (4), but such period of disqualification shall, subject to subsection (6), not exceed 9 weeks.

(6) Nothing in this section shall prevent the provisions of subsections (1) to (5) being applied to a person where, on or after the expiration of such period of disqualification as is applied in accordance with subsection (5)—

(a) notice has been given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with the requirement referred to in subsection (1), and

(b) that person continues, without good cause, to refuse or fail to comply with that requirement.

(7) Where, on the commencement of section 13 of the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013, jobseeker’s allowance is being paid to a person at the weekly rate set out in section 142(1A), 142A(1A) or, as the case may be, section 142B(1A) for a period of not less than 21 days—

(a) a notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with the requirement specified in paragraph (a) or (b) of subsection (3), and

(b) subsections (4) to (6) shall apply to that person where he or she refuses or fails, without good cause, to comply with that requirement at or after the time specified in the notice under paragraph (a) of this subsection, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person.

Refusal or failure to participate in prescribed schemes, programmes or courses relating to jobseeker’s allowance

141B.(1) Where—

(a) as a consequence of attendance for or submission to an assessment in accordance with section 141A(3)(b), a request is made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in—

(i) any scheme or programme of employment or work experience, or

(ii) a course of education, training or development,

which is prescribed for the purposes of this section and which is considered appropriate having regard to the education, training and development needs of that person and his or her personal circumstances, and

(b) that person refuses or fails, without good cause, to participate in, agree to participate in or avail himself or herself of an opportunity of participating in such a scheme, programme or course, as the case may be,

the weekly rate of jobseeker’s allowance payable to that person in respect of any such period of refusal or failure shall, subject to this section, be as set out in section 142(1A), 142A(1A) or, as the case may be, section 142B(1A).

(2) Where jobseeker’s allowance is paid to a person at the weekly rate set out in section 142(1A), 142A(1A) or, as the case may be, section 142B(1A) on account of a refusal or failure referred to in subsection (1)—

(a) notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to attend for or submit to an assessment of that person’s education, training or development needs, or

(b) a request may be made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in—

(i) any scheme or programme of employment or work experience, or

(ii) a course of education, training or development,

which is prescribed for the purposes of this section and which is considered appropriate having regard to the education, training and development needs of that person and his or her personal circumstances.

(3) Where a person refuses or fails, without good cause, to—

(a) comply with the requirement specified in the notice under subsection (2)(a) at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, or

(b) participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in subsection (2)(b),

that person shall be disqualified for receiving jobseeker’s allowance for any period of such refusal or failure commencing on—

(i) the date specified in the notice under subsection (2)(a), or

(ii) the date of refusal or failure to participate in, to agree to participate in or to avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in subsection (2)(b),

as the case may be, but such period of disqualification shall, subject to subsection (4), not exceed 9 weeks.

(4) Nothing in this section shall prevent the provisions of subsections (1) to (3) being applied to a person where, on or after the expiration of such period of disqualification as is applied in accordance with subsection (3)—

(a) notice has been given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with the requirement referred to in subsection (2)(a), or

(b) a request has been made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in subsection (2)(b),

as the case may be, and that person continues, without good cause, to refuse or fail to—

(i) comply with the requirement specified in the notice under paragraph (a) at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, or

(ii) participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in paragraph (b).

Giving of notice under section 141A or 141B

141C. A notice under section 141A or 141B shall be given in writing and may be given in such other form as may be considered appropriate, including electronic form.”.

(3) Section 142(1A) (inserted by section 8 of the Social Welfare Act 2010 ) of the Principal Act is amended by substituting “subsection (2) or (6) of section 141A or subsection (1) or (4) of section 141B” for “section 141A”.

(4) Section 142A(1A) (inserted by section 8 of the Social Welfare Act 2010 ) of the Principal Act is amended by substituting “subsection (2) or (6) of section 141A or subsection (1) or (4) of section 141B” for “section 141A”.

(5) Section 142B(1A) (inserted by section 8 of the Social Welfare Act 2010 ) of the Principal Act is amended by substituting “subsection (2) or (6) of section 141A or subsection (1) or (4) of section 141B” for “section 141A”.

(6) Section 147 (amended by section 8 of the Social Welfare Act 2010 ) of the Principal Act is amended—

(a) in subsection (4) by inserting the following paragraph after paragraph (a):

“(b) has refused an offer of suitable employment,”,

and

(b) by deleting subsection (4A).