Jobseekers (Back to Work Schemes) Act 2013
Official Summary
To make provision about the effect of certain provisions relating to participation in a scheme designed to assist persons to obtain employment and about notices relating to participation in such a scheme.
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Overview
This bill clarifies the legality of penalties imposed on jobseekers who failed to participate in government-backed employment schemes between 2011 and 2013. It retrospectively validates these penalties and mandates an independent review of their application.
Description
The Jobseekers (Back to Work Schemes) Bill addresses legal ambiguities surrounding penalties issued under the Jobseeker's Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011 and the Jobseeker's Allowance (Mandatory Work Activity Scheme) Regulations 2011. These regulations required jobseekers to participate in specific schemes to retain benefits.
The bill retroactively confirms the legality of penalties imposed for non-compliance with these regulations, even if procedural flaws existed in the original notices. It specifies that notices adequately fulfilled legal requirements if they mentioned the scheme, the activities involved, and the potential consequences of non-participation, regardless of minor discrepancies.
Furthermore, the bill mandates the appointment of an independent person to review the application of penalties during the period when the regulations were in effect, focusing on those penalties that would have been deemed unlawful without this bill's provisions. A report on this review must be submitted to Parliament.
Government Spending
The bill does not directly increase or decrease government spending. It clarifies the legal basis for previously imposed penalties, potentially preventing future legal challenges and associated costs. No specific financial figures are provided in the bill itself.
Groups Affected
- Jobseekers: Individuals who received jobseeker's allowance and were subject to the 2011 and 2011 regulations may be affected. The bill validates penalties previously levied against them.
- Department for Work and Pensions (DWP): The DWP is responsible for implementing the regulations and will need to manage any potential legal challenges arising from the bill. The independent report will also inform future DWP practices.
- Legal professionals: Lawyers may be involved in any further challenges concerning the validity of penalties even after this legislation is passed.
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