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Jobseeker's allowance |
| Couples to make joint claim for allowance. |
48. Schedule 7 (which makes provision in connection with requiring certain couples to make joint claims for an income-based jobseeker's allowance) shall have effect.
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| Special schemes for claimants for jobseeker's allowance. |
49. - (1) The Secretary of State may by regulations make provision for or in connection with the participation of claimants for a jobseeker's allowance in schemes of any prescribed description, being schemes established for designated areas in Great Britain (or for the whole of Great Britain) and designed to assist such persons to obtain sustainable employment.
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(2) Regulations under this section may, in particular, make provision-
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(a) for the imposition during any prescribed period, as additional conditions for entitlement to a jobseeker's allowance applying in the case of persons participating in schemes, of requirements to take steps determined in accordance with the regulations with a view to improving those persons' prospects of securing employment; |
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(b) for the suspension, during any prescribed period, of any prescribed conditions that would otherwise apply to such persons; |
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(c) for such persons to be entitled (subject to and in accordance with the regulations) to have amounts payable in respect of them paid as lump sums in respect of prescribed periods. |
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(3) Regulations under this section may make provision for any provisions of the Jobseekers Act 1995 to apply for the purposes of the regulations subject to prescribed modifications.
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(4) The provisions of that Act which may be so applied include in particular any provisions of-
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(a) section 19 or 20A (circumstances in which jobseeker's allowance is not payable); or |
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(b) section 20 or 20B (exemptions from section 19 or 20A). |
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(5) The Secretary of State may for the purposes of, or in connection with, any scheme-
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(a) make such arrangements (whether or not with other persons) for the provision of any facilities, |
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(b) provide such support (by whatever means) for arrangements made by other persons for the provision of any facilities, |
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(i) by way of fees, grants, loans or otherwise, to persons undertaking the provision of facilities under arrangements within paragraph (a) or (b),
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(ii) by way of allowances, to persons participating in the scheme, or
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(iii) in respect of any incidental expenses,
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as he considers appropriate. |
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(6) In subsection (5) "facilities" includes services, and any reference to the provision of facilities includes the making of payments to persons participating in the scheme.
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(7) In this section-
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"designated" means designated by the Secretary of State; |
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"employment" has the meaning given by regulations under this section; |
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"prescribed" means specified in or determined in accordance with regulations under this section; |
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"scheme" means a scheme such as is mentioned in subsection (1). |
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Incapacity for work |
| Incapacity for work: personal capability assessments. |
50. For section 171C of the Contribution and Benefits Act there shall be substituted-
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| "Personal capability assessments. |
171C. - (1) Where the own occupation test is not applicable, or has ceased to apply, in the case of a person, the question whether the person is capable or incapable of work shall be determined in accordance with a personal capability assessment.
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(2) Provision shall be made by regulations-
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(a) defining a personal capability assessment by reference to the extent to which a person who has some specific disease or bodily or mental disablement is capable or incapable of performing such activities as may be prescribed; |
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(b) as to the manner of assessing whether a person is, in accordance with a personal capability assessment, incapable of work. |
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(3) Regulations may provide that, in any prescribed circumstances, a person to whom subsection (1) above applies shall, if the prescribed conditions are met, be treated as incapable of work in accordance with a personal capability assessment until such time as-
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(a) such an assessment has been carried out in his case, or |
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(b) he falls to be treated as capable of work in accordance with regulations under section 171A(2) or (3) above or section 171E below. |
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The prescribed conditions may include the condition that it has not previously been determined, within such period as may be prescribed, that the person in question is or is to be treated as capable of work.
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(4) Except in prescribed circumstances, a personal capability assessment carried out in the case of a person before the time when subsection (1) above applies to him shall be as effective for the purposes of that subsection as one carried out thereafter.
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(5) The Secretary of State may, in the case of a person who for any purpose of this Act has been determined to be incapable of work in accordance with a personal capability assessment (including one carried out by virtue of this subsection), require the question whether the person is capable or incapable of work to be determined afresh in accordance with a further personal capability assessment."
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Incapacity benefits |
| Incapacity benefit: restriction to recent contributors. |
51. - (1) Paragraph 2 of Schedule 3 to the Contributions and Benefits Act (contribution conditions for short-term incapacity benefit) shall be amended as follows.
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(2) In sub-paragraph (2) (the first condition), for paragraph (a) there shall be substituted-
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"(a) the claimant must have actually paid contributions of a relevant class in respect of one of the last two complete years before the beginning of the relevant benefit year, and those contributions must have been paid before the relevant time; and". |
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(3) In sub-paragraph (7) (claim by person who does not satisfy second contribution condition to be disregarded in relation to subsequent claim), after "does not satisfy" there shall be inserted "the first contribution condition (specified in sub-paragraph (2) above) or, as the case may be,".
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(4) After sub-paragraph (7) there shall be added-
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"(8) Regulations may-
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(a) provide for the first contribution condition (specified in sub-paragraph (2) above) to be taken to be satisfied in the case of persons who have been entitled to any prescribed description of benefit during any prescribed period or at any prescribed time; |
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(b) with a view to securing any relaxation of the requirements of that condition (as so specified) in relation to persons who have been so entitled, provide for that condition to apply in relation to them subject to prescribed modifications. |
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For this purpose "modifications" includes additions, omissions and amendments."
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| Incapacity benefit: reduction for pension payments. |
52. After section 30D of the Contributions and Benefits Act there shall be inserted-
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| "Incapacity benefit: reduction for pension payments. |
30DD. - (1) Regulations may make provision for securing that where-
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(a) a person is entitled to incapacity benefit in respect of any period, and |
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(b) a pension payment is payable to him in respect of that period (or a period which includes, or forms part of, that period), |
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the amount of that benefit is to be reduced, on account of that pension payment, by the specified amount.
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(2) Regulations under this section may, in particular, provide-
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(a) for any such reduction to be made only where the amount of the pension payment (or any specified part of it) exceeds such limit as is specified; |
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(b) for sums of any specified description to be disregarded for the purposes of the regulations; |
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(c) for sums of any specified description to be treated for those purposes as payable to persons as pension payments (including, in particular, sums in relation to which there is a deferred right of receipt); |
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(d) for sums of any specified description which are payable as pension payments (or treated as being so payable) to be apportioned between or otherwise allocated to periods in respect of which persons are entitled to incapacity benefit. |
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(3) In this section "pension payment" means-
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(a) a periodical payment made in relation to a person under a personal pension scheme or, in connection with the coming to an end of an employment of his, under an occupational pension scheme or a public service pension scheme; |
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(b) a payment of any specified description, being a payment made under an insurance policy providing benefits in connection with physical or mental illness, disability, infirmity or defect; or |
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(c) a payment of any other specified description; |
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and "specified" means prescribed by or determined in accordance with regulations under this section.
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(4) For the purposes of subsection (3) "occupational pension scheme", "personal pension scheme" and "public service pension scheme" each have the meaning given by section 1 of the Pension Schemes Act 1993, except that "personal pension scheme" includes-
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(a) a contract or trust scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988 (retirement annuities); and |
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(b) a personal pension scheme approved under Chapter IV of that Part of that Act." |
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| Incapacity benefit: persons incapacitated in youth. |
53. - (1) In subsection (1) of section 30A of the Contributions and Benefits Act (incapacity benefit: entitlement)-
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(a) for "either of the following conditions" there shall be substituted- |
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"(a) either of the conditions mentioned in subsection (2) below; or |
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(b) if he satisfies neither of those conditions, each of the conditions mentioned in subsection (2A) below,"; and |
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(b) after "any day of incapacity for work" there shall be inserted "("the relevant day")". |
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(2) In subsection (2) of that section-
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(a) after "conditions" there shall be inserted "mentioned in subsection (1)(a) above"; and |
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(b) in paragraph (a), for "the day in question" there shall be substituted "the relevant day". |
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(3) After that subsection there shall be inserted-
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"(2A) The conditions mentioned in subsection (1)(b) above are that-
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(a) he is aged 16 or over on the relevant day; |
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(b) he is under the age of 20 on a day which forms part of the period of incapacity for work; |
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(c) he was incapable of work throughout a period of 196 consecutive days immediately preceding the relevant day, or an earlier day in the period of incapacity for work on which he was aged 16 or over; |
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(d) on the relevant day he satisfies the prescribed conditions as to residence in Great Britain, or as to presence there; and |
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(e) he is not, on that day, a person who is receiving full-time education." |
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(4) In subsection (3) of that section, after "benefit" there shall be inserted "under subsection (1)(a) above".
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(5) After subsection (5) of that section there shall be inserted-
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"(6) Regulations may prescribe the circumstances in which a person is or is not to be treated as receiving full-time education for the purposes of subsection (2A) above."
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| Abolition of severe disablement allowance. |
54. Sections 68 and 69 of the Contributions and Benefits Act (severe disablement allowance) shall cease to have effect.
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