Social Welfare and Pensions (Miscellaneous Provisions) Act 2013
|
Supplementary welfare allowance — refusal or failure to engage with activation measures | ||
|
| ||
14. (1) The Principal Act is amended by substituting the following sections for section 195A (inserted by section 9 of the Social Welfare Act 2010 ): | ||
“Refusal or failure to attend activation meetings relating to supplementary welfare allowance | ||
195A.(1) Notice may be given by or on behalf of the Minister to any person receiving supplementary welfare 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 supplementary welfare 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 subsection (1A), (2A) or, as the case may be, (4A) of section 197. | ||
(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 supplementary welfare allowance is paid to a person at the weekly rate set out in subsection (1A), (2A) or, as the case may be, (4A) of section 197 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 may, subject to subsection (6), be disqualified for receiving the weekly amount of supplementary welfare allowance as provided for in sections 196 and 197 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 (7), not exceed 9 weeks. | ||
(6) Where the weekly amount of supplementary welfare allowance payable to a person to whom subsection (5) applies includes an increase in respect of— | ||
(a) a qualified adult in accordance with section 197(1)(a), or | ||
(b) a qualified child in accordance with section 197(1)(b), | ||
the disqualification provided for in subsection (5) shall not apply in respect of the receipt of such increase of supplementary welfare allowance. | ||
(7) Nothing in this section shall prevent the provisions of subsections (1) to (6) 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. | ||
(8) Where, on the commencement of section 14 of the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013, supplementary welfare allowance is being paid to a person at the weekly rate set out in subsection (1A), (2A) or, as the case may be, (4A) of section 197 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 (7) 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), 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 supplementary welfare allowance | ||
195B.(1) Where— | ||
(a) as a consequence of attendance for or submission to an assessment in accordance with section 195A(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 supplementary welfare 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 subsection (1A), (2A) or, as the case may be, (4A) of section 197. | ||
(2) Where supplementary welfare allowance is paid to a person at the weekly rate set out in subsection (1A), (2A) or, as the case may be, (4A) of section 197 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 may, subject to subsection (4), be disqualified for receiving the weekly amount of supplementary welfare allowance as provided for in sections 196 and 197 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 (5), not exceed 9 weeks. | ||
(4) Where the weekly amount of supplementary welfare allowance payable to a person to whom subsection (3) applies includes an increase in respect of— | ||
(a) a qualified adult in accordance with section 197(1)(a), or | ||
(b) a qualified child in accordance with section 197(1)(b), | ||
the disqualification provided for in subsection (3) shall not apply in respect of the receipt of such increase of supplementary welfare allowance. | ||
(5) Nothing in this section shall prevent the provisions of subsections (1) to (4) 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 195A or 195B | ||
195C. A notice under section 195A or 195B shall be given in writing and may be given in such other form as may be considered appropriate, including electronic form.”. | ||
(2) Section 196(1) (amended by section 13 of the Social Welfare Act 2012) of the Principal Act is amended by substituting “sections 195A, 195B, 341(7) and 341(7C),” for “section 341(7), section 341(7C) and section 195A”. | ||
(3) Section 197 (amended by section 9 of the Social Welfare Act 2010 ) of the Principal Act is amended— | ||
(a) in subsection (1A), by substituting “subsection (2) or (7) of section 195A or subsection (1) or (5) of section 195B” for “section 195A”, | ||
(b) in subsection (2A), by substituting “subsection (2) or (7) of section 195A or subsection (1) or (5) of section 195B” for “section 195A”, and | ||
(c) in subsection (4A), by substituting “subsection (2) or (7) of section 195A or subsection (1) or (5) of section 195B” for “section 195A”. |