Welfare Reform and Pensions Bill - continued        House of Lords
PART II, BEREAVEMENT PAYMENT - continued

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Jobseeker's allowance
Couples to make joint claim for allowance.     59. 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.
 
Special schemes for claimants for jobseeker's allowance.     60. - (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.
 
      (2) Regulations under this section may, in particular, make provision-
 
 
    (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;
 
    (b) for the suspension, during any prescribed period, of any prescribed conditions that would otherwise apply to such persons.
      (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.
 
      (4) The provisions of that Act which may be so applied include in particular any provisions of-
 
 
    (a) section 19 or 20A (circumstances in which jobseeker's allowance is not payable); or
 
    (b) section 20 or 20B (exemptions from section 19 or 20A).
      (5) The Secretary of State may for the purposes of, or in connection with, any scheme-
 
 
    (a) make such arrangements (whether or not with other persons) for the provision of any facilities,
 
    (b) provide such support (by whatever means) for arrangements made by other persons for the provision of any facilities,
 
    (c) make such payments-
 
      (i) by way of fees, grants, loans or otherwise, to persons undertaking the provision of facilities under arrangements within paragraph (a) or (b),
 
      (ii) by way of grants, loans or otherwise, to persons participating in the scheme, or
 
      (iii) in respect of any incidental expenses,
 
    as he considers appropriate.
      (6) For the purposes of, or in connection with, a scheme established for (or for an area which includes) Wales or a part of Wales, the National Assembly for Wales may, if it considers that facilities whose provision any person (including the Secretary of State) is undertaking under arrangements within subsection (5)(a) or (b) are capable of being supportive of the training of persons for employment, make such payments to that person as the Assembly considers appropriate; and any such payments-
 
 
    (a) may be by way of fees, grants, loans or otherwise, and
 
    (b) may, unless the Assembly otherwise specifies, be used by the person to whom they are made for the provision of any of the facilities provided under the arrangements.
      (7) In subsections (5) and (6) "facilities" includes services, and any reference to the provision of facilities includes the making of payments to persons participating in the scheme.
 
      (8) The power of the Secretary of State to make an order under section 26 of the Employment Act 1988 (status of trainees etc.) shall include power to make, in relation to-
 
 
    (a) persons participating in any scheme, and
 
    (b) payments received by them by virtue of subsection (5) above,
  provision corresponding to any provision which (by virtue of subsection (1) or (2) of that section) may be made in relation to persons using such facilities, and to such payments received by them, as are mentioned in subsection (1) of that section.
 
      (9) In this section-
 
 
    "designated" means designated by the Secretary of State;
 
    "employment" has the meaning given by regulations under this section;
 
    "prescribed" means specified in or determined in accordance with regulations under this section;
 
    "scheme" means a scheme such as is mentioned in subsection (1).
 
Incapacity for work
Incapacity for work: personal capability assessments.     61. For section 171C of the Contribution and Benefits Act there shall be substituted-
 
 
"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.
 
    (2) Provision shall be made by regulations-
 
 
    (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;
 
    (b) as to the manner of assessing whether a person is, in accordance with a personal capability assessment, incapable of work.
      (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-
 
 
    (a) such an assessment has been carried out in his case, or
 
    (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.
  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.
 
      (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.
 
      (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."
 
 
Incapacity benefit
Incapacity benefit: persons incapacitated in youth.     62. - (1) In subsection (1) of section 30A of the Contributions and Benefits Act (incapacity benefit: entitlement)-
 
 
    (a) for "either of the following conditions" there shall be substituted-
 
    "(a) either of the conditions mentioned in subsection (2) below; or
 
    (b) if he satisfies neither of those conditions, each of the conditions mentioned in subsection (2A) below,"; and
 
    (b) after "any day of incapacity for work" there shall be inserted "("the relevant day")".
      (2) In subsection (2) of that section-
 
 
    (a) after "conditions" there shall be inserted "mentioned in subsection (1)(a) above"; and
 
    (b) in paragraph (a), for "the day in question" there shall be substituted "the relevant day".
      (3) After that subsection there shall be inserted-
 
 
    "(2A) The conditions mentioned in subsection (1)(b) above are that-
 
 
    (a) he is aged 16 or over on the relevant day;
 
    (b) he is under the age of 20 or, in prescribed cases, 25 on a day which forms part of the period of incapacity for work;
 
    (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;
 
    (d) on the relevant day he satisfies the prescribed conditions as to residence in Great Britain, or as to presence there; and
 
    (e) he is not, on that day, a person who is receiving full-time education."
      (4) In subsection (3) of that section, after "benefit" there shall be inserted "under subsection (1)(a) above".
 
      (5) After subsection (5) of that section there shall be inserted-
 
 
    "(6) Regulations may provide that persons who have previously been entitled to short-term incapacity benefit under paragraph (b) of subsection (1) above shall, in prescribed circumstances, be entitled to such benefit under that paragraph notwithstanding that they do not satisfy the condition set out in paragraph (b) of subsection (2A) above.
 
      (7) 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 paragraph (e) of that subsection."
 
 
Disability benefits
Attendance allowance.     63. - (1) After subsection (3) of section 64 of the Contributions and Benefits Act (entitlement to attendance allowance) there shall be added-
 
 
    "(4) Circumstances may be prescribed in which a person is to be taken to satisfy or not to satisfy such of the conditions mentioned in subsections (2) and (3) above as may be prescribed."
 
      (2) In subsection (1) of section 66 of that Act (attendance allowance for the terminally ill)-
 
 
    (a) in paragraph (a)(i), for the words from "for the remainder of his life" to "terminally ill" there shall be substituted "for so much of the period for which he is terminally ill as does not fall before the date of the claim";
 
    (b) in paragraph (a)(ii), for "that date", in the first place where those words occur, there shall be substituted "the date of the claim or, if later, the first date on which he is terminally ill"; and
 
    (c) in paragraph (b), for "the remainder of the person's life, beginning with that date" there shall be substituted "so much of the period for which he is terminally ill as does not fall before the date of the claim".
Disability living allowance.     64. - (1) In subsection (3) of section 71 of the Contributions and Benefits Act (disability living allowance), for "for life" there shall be substituted "for an indefinite period".
 
      (2) In subsection (5)(b) of section 72 of that Act (the care component), for "for the remainder of his life beginning with that date" there shall be substituted "for so much of the period for which he is terminally ill as does not fall before the date of the claim".
 
      (3) In subsection (1) of section 73 of that Act (the mobility component), for "the age of 5" there shall be substituted "the relevant age" and after that subsection there shall be inserted-
 
 
    "(1A) In subsection (1) above "the relevant age" means-
 
 
    (a) in relation to the conditions mentioned in paragraph (a), (b) or (c) of that subsection, the age of 3;
 
    (b) in relation to the conditions mentioned in paragraph (d) of that subsection, the age of 5."
      (4) Subsection (3) does not affect awards made before the day on which that subsection comes into force.
 
 
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Prepared 15 October 1999