The Jobseeker’s Allowance (Mandatory Work Activity Scheme) Regulations 2011

Made: 9th March 2011

Laid before Parliament: 14th March 2011

Coming into force: 25th April 2011

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 123(1)(d) and (e), 136(3) and (5)(a) and (b), 137(1) and 175(3) and (4) of the Social Security Contributions and Benefits Act 1992 , sections 30 and 146(1) and (2) of the Housing Grants, Construction and Regeneration Act 1996 , sections 9 and 10 of the Social Security Act 1998 and sections 12(1), (4)(a) and (b), 17A(1), (2), (5)(a), (d) and (e) and (6) to (9), 20, 20A, 20B(4) to (6), 20E(3)(a), 21, 35(1) and 36(2) and (4) of, and Schedule 1 to, the Jobseekers Act 1995 .

These Regulations are made with the consent of the Treasury in respect of provisions relating to section 30 (means testing in case of application by owner-occupier or tenant) of the Housing Grants, Construction and Regeneration Act 1996 .

In respect of provisions in these Regulations relating to housing benefit and council tax benefit, organisations appearing to the Secretary of State to be representative of the authorities concerned have agreed that consultations need not be undertaken .

In accordance with section 172(1) of the Social Security Administration Act 1992 , the Secretary of State referred the proposals for these Regulations to the Social Security Advisory Committee.

PART 1 — General

Citation and commencement

1

These Regulations may be cited as the Jobseeker's Allowance (Mandatory Work Activity Scheme) Regulations 2011 and shall come into force on 25th April 2011.

Interpretation

2

• (1) In these Regulations—

• “the Act” means the Jobseekers Act 1995;

• “claimant” means a person who claims a jobseeker's allowance, except that in relation to a joint-claim couple claiming a joint-claim jobseeker's allowance, it means either or both of the members of the couple;

• “the Council Tax Benefit Regulations” means the Council Tax Benefit Regulations 2006 ;

• “the Housing Benefit Regulations” means the Housing Benefit Regulations 2006 ;

• “the Housing Renewal Grants Regulations” means the Housing Renewal Grants Regulations 1996 ;

• “the Jobseeker's Allowance Regulations” means the Jobseeker's Allowance Regulations 1996 ;

• “the Mandatory Work Activity Scheme” means a scheme within section 17A (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc.) of the Act known by that name and provided pursuant to arrangements made by the Secretary of State that is designed to provide work or work-related activity for up to 30 hours per week over a period of four consecutive weeks with a view to assisting claimants to improve their prospects of obtaining employment;

• “the Scheme” means the Mandatory Work Activity Scheme; and

• “working day” means any day except for a Saturday, Sunday, Christmas Day, Good Friday or bank holiday under the Banking and Financial Dealings Act 1971 in England, Wales or Scotland.

• (2) For the purpose of these Regulations, where a written notice is given by sending it by post is taken to have been received on the second working day after posting.

PART 2 — Selection for and participation in the Mandatory Work Activity Scheme

Selection for participation in the Scheme

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• (1) The Secretary of State may select a claimant who is aged at least 18 for participation in the Scheme.

• (2) Only a claimant who is required to meet the jobseeking conditions may be required to participate in the Scheme.

Requirement to participate and notification

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• (1) Subject to regulation 5, a claimant (“C”) selected under regulation 3 is required to participate in the Scheme where the Secretary of State gives C a notice in writing complying with paragraph (2).

• (2) The notice must specify—

• (a) that C is required to participate in the Scheme;

• (b) the day on which C's participation will start;

• (c) that C's participation will be for four weeks;

• (d) details of what C is required to do by way of participation in the Scheme;

• (e) that the requirement to participate in the Scheme will continue until C is given notice by the Secretary of State that C's participation is no longer required, or C's award of jobseeker's allowance terminates, whichever is earlier;

• (f) information about the consequences of failing to participate in the Scheme.

• (3) Any changes made to the requirements mentioned in paragraph (2)(d) after the date on which C's participation starts must be notified to C in writing.

Circumstances in which requirement to participate in the Scheme ceases to apply

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• (1) A requirement to participate in the Scheme ceases to apply to a claimant (“C”) if—

• (a) the Secretary of State gives C notice in writing that C is no longer required to participate in the Scheme, or

• (b) C's award of jobseeker's allowance terminates,

whichever is earlier.

• (2) The requirement ceases to apply on the day specified in the notice.

PART 3 — Sanctions

Failure to participate in the Scheme

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A claimant (“C”) is to be regarded as having failed to participate in the Scheme in accordance with these Regulations where C fails to comply with any requirement notified under regulation 4.

Good cause

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consequences of failure to participate in the Scheme

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4 — Hardship

Hardship

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• (1) This paragraph applies to a claimant (“C”) if, during the period in which C's jobseeker's allowance is not payable by virtue of regulation 8(2), C is a person in hardship within the meaning of regulation 140(1) or (2) (meaning of “person in hardship”) of the Jobseeker's Allowance Regulations .

• (2) Regulations 140 to 146 of the Jobseeker's Allowance Regulations have effect in relation to a person to whom paragraph (1) applies.

• (3) In regulation 141(6) (circumstances in which an income-based jobseeker's allowance is payable to a person in hardship) of the Jobseeker's Allowance Regulations insert “ regulations made under section 17A (“work for your benefit” schemes etc.), ” after “even though”.

Hardship for joint-claim couples

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• (1) This paragraph applies to a joint-claim couple if, during the period in which the sanctions referred to in regulation 8(3) apply, they are a couple in hardship within the meaning of regulation 146A(1) or (2) (meaning of “couple in hardship”) of the Jobseeker's Allowance Regulations .

• (2) Regulations 146A and 146C to 146H of the Jobseeker's Allowance Regulations have effect in relation to a couple to whom paragraph (1) applies.

• (3) In regulation 146C(6) (circumstances in which a joint-claim jobseeker's allowance is payable where a joint-claim couple is a couple in hardship) of the Jobseeker's Allowance Regulations insert “ regulations made under section 17A (“work for your benefit” schemes etc.), ” after “even though”.

PART 5 — Consequential amendments

Definitions

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• (1) Paragraph (2) applies to the following provisions (which relate to interpretation)—

• (a) regulation 2(1) of the Council Tax Benefit Regulations;

• (b) regulation 2(1) of the Housing Benefit Regulations;

• (c) regulation 2(1) of the Housing Renewal Grants Regulations;

• (d) regulation 1(3) of the Jobseeker's Allowance Regulations.

• (2) In each of the provisions to which this paragraph applies insert the following definition in the appropriate place—

• “the Mandatory Work Activity Scheme” means a scheme within section 17A (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc.) of the Jobseekers Act 1995 known by that name and provided pursuant to arrangements made by the Secretary of State that is designed to provide work or work-related activity for up to 30 hours per week over a period of four consecutive weeks with a view to assisting claimants to improve their prospects of obtaining employment;

Notional income

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• (1) This regulation applies to the following provisions (which relate to notional income)—

• (a) regulation 32(7) of the Council Tax Benefit Regulations ;

• (b) regulation 42(7) of the Housing Benefit Regulations ;

• (c) regulation 31(9A) of the Housing Renewal Grants Regulations ;

• (d) regulation 105(10A) of the Jobseeker's Allowance Regulations .

• (2) In each of the provisions to which this regulation applies insert the following sub-paragraph after sub-paragraph (ca)—

(cb) in respect of a person's participation in the Mandatory Work Activity Scheme;

Notional capital

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• (1) This regulation applies to the following provisions (which relate to notional capital)—

• (a) regulation 39(4) of the Council Tax Benefit Regulations ;

• (b) regulation 49(4) of the Housing Benefit Regulations ;

• (c) regulation 38(3A) of the Housing Renewal Grants Regulations ;

• (d) regulation 113(3A) of the Jobseeker's Allowance Regulations .

• (2) In each of the provisions to which this regulation applies insert the following sub-paragraph after sub-paragraph (ba)—

(bb) in respect of a person's participation in the Mandatory Work Activity Scheme;

Income to be disregarded

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• (1) This regulation applies to the following Schedules (which relate to sums to be disregarded in the calculation of income other than earnings)—

• (a) Schedule 4 to the Council Tax Benefit Regulations;

• (b) Schedule 5 to the Housing Benefit Regulations;

• (c) Schedule 3 to the Housing Renewal Grants Regulations;

• (d) Schedule 7 to the Jobseeker's Allowance Regulations.

• (2) In each Schedule to which this regulation applies insert the following paragraph after paragraph A1. —

(A2) Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Mandatory Work Activity Scheme.

Capital to be disregarded

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• (1) This regulation applies to the following Schedules (which relate to capital to be disregarded)—

• (a) Schedule 5 to the Council Tax Benefit Regulations;

• (b) Schedule 6 to the Housing Benefit Regulations;

• (c) Schedule 4 to the Housing Renewal Grants Regulations;

• (d) Schedule 8 to the Jobseeker's Allowance Regulations.

• (2) In each Schedule to which this regulation applies insert the following paragraph after paragraph A1. —

(A2) Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Mandatory Work Activity Scheme but only for 52 weeks beginning with the date of receipt of the payment.

Further amendments of the Jobseeker's Allowance Regulations

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The Jobseeker's Allowance Regulations are amended as follows—

• (a) in the definition of “relevant notification” in regulation 25(1A) (entitlement ceasing on a failure to comply) , insert the words “ or under the Mandatory Work Activity Scheme ” after “scheme”;

• (b) in regulation 47(4)(b)(ii) (jobseeking period) insert the words “ regulations made under section 17A or by virtue of ” before “section 19”;

• (c) at the end of regulation 53 (persons treated as not engaged in remunerative work) insert—

(l) he is participating in the Mandatory Work Activity Scheme.

• (d) in regulation 55(1)(a) (short periods of sickness) before “; and” insert—

or who failed without good cause to comply with regulations made under section 17A

• (e) in regulation 55A(1)(a) (periods of sickness and persons receiving treatment outside Great Britain) before “; and” insert—

or who failed without good cause to comply with regulations made under section 17A

• (f) in regulation 140(1)(f)(i) (meaning of “person in hardship”) , after “case”, insert “ or because a jobseeker's allowance is not payable pursuant to regulations made under section 17A ”;

• (g) in regulation 152(1)(c) (relevant week) , before “section 19” insert “ regulations made under section 17A or in accordance with ”.

Consequential amendments relating to sanctions

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• (1) Paragraph (2) applies to the following provisions —

• (a) regulation 2(4)(a) and (b) (interpretation) of the Council Tax Benefit Regulations;

• (b) regulation 2(4)(a) and (b) (interpretation) of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ;

• (c) regulation 3(j) (circumstances in which discretionary housing payments may be made) of the Discretionary Financial Assistance Regulations 2001 ;

• (d) regulation 2(3)(a) and (b) (interpretation) of the Housing Benefit Regulations;

• (e) regulation 2(3)(a) and (b) (interpretation) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 .

• (2) In each of the provisions to which this paragraph applies insert the words “ or regulations made under section 17A ” after “section 19 or 20A”.

• (3) In regulation 5(3)(b) (meaning of “person in hardship”) of the Social Security (Loss of Benefit) Regulations 2001 , after “8” insert “ , 17A ”.

• (4) In regulation 8A(5) (credits for unemployment) of the Social Security (Credits) Regulations 1975 , after sub-paragraph (b) insert—

(ba) a week in respect of which, because of regulations made under section 17A of that Act, a jobseeker's allowance was not payable to the person concerned even though he satisfied the conditions for entitlement to that allowance; or

Consequential amendments relating to decisions and appeals

18

The Social Security and Child Support (Decisions and Appeals) Regulations 1999 are amended as follows—

• (a) in regulation 3(6) (revision of decisions) , after “Jobseekers Act” insert the words “ , or with regulations made under section 17A of that Act ”;

• (b) in regulation 6(2) (supersession of decisions) , after sub-paragraph (f) insert the following sub-paragraph—

(fa) is a decision that a jobseeker's allowance is payable to a claimant where that allowance ceases to be payable or is reduced by virtue of regulations made under section 17A of the Jobseekers Act;

• (c) after regulation 7(8) (date from which a decision superseded under section 10 takes effect) insert the following paragraph—

(8ZA) A decision to which regulation 6(2)(fa) applies shall take effect on the day specified in regulation 8(6)(a) or (b) of the Jobseeker's Allowance (Mandatory Work Activity Scheme) Regulations 2011.

Consequential amendments relating to the Jobseeker's Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010

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The following regulations of the Jobseeker's Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010 are revoked—

• (a) regulation 10(4) (hardship);

• (b) regulation 18(b) to (f) (further modifications of the Jobseeker's Allowance Regulations);

• (c) regulation 19 (consequential modifications relating to sanctions); and

• (d) regulation 20(a) and (b) (consequential modifications relating to decisions and appeals).

PART 6 — Contracting Out

Contracting out certain functions in relation to the Scheme

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• (1) Any functions of the Secretary of State specified in paragraph (2) may be exercised by, or by employees of, such person (if any) as may be authorised by the Secretary of State.

• (2) The functions are any function under—

• (a) regulation 4 (requirement to participate and notification);

• (b) regulation 5(1)(a) (notice that requirement to participate ceases).

Signed

Signed by authority of the Secretary of State for Work and Pensions.

Chris Grayling — Minister of State, — 9th March 2011

We consent

Michael Fabricant — Angela Watkinson — Two of the Lords Commissioners of Her Majesty's Treasury — 9th March 2011

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1992 c. 4. Section 123(1) was amended by section 103 of, and Schedule 9 to, the Local Government Finance Act 1992 (c. 14), by section 60 of, and Schedule 6 to, the Tax Credits Act 2002 (c. 21); section 137(1) is an interpretation provision and is cited because of the meaning given to the word “prescribed”; section 175(1) and (4) were amended by section 2 of, and paragraph 29(1) and (2) of Schedule 3 to, the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2).