Welfare Reform Act 2012

Application of work-related requirements

19Claimants subject to no work-related requirements

(1)The Secretary of State may not impose any work-related requirement on a claimant falling within this section.

(2)A claimant falls within this section if—

(a)the claimant has limited capability for work and work-related activity,

(b)the claimant has regular and substantial caring responsibilities for a severely disabled person,

(c)the claimant is the responsible carer for a child under the age of 1, or

(d)the claimant is of a prescribed description.

(3)Regulations under subsection (2)(d) may in particular make provision by reference to one or more of the following—

(a)hours worked;

(b)earnings or income;

(c)the amount of universal credit payable.

(4)Regulations under subsection (3) may—

(a)in the case of a claimant who is a member of the couple, make provision by reference to the claimant alone or by reference to the members of the couple together;

(b)make provision for estimating or calculating any matter for the purpose of the regulations.

(5)Where a claimant falls within this section, any work-related requirement previously applying to the claimant ceases to have effect.

(6)In this Part “responsible carer”, in relation to a child means—

(a)a single person who is responsible for the child, or

(b)a person who is a member of a couple where—

(i)the person or the other member of the couple is responsible for the child, and

(ii)the person has been nominated by the couple jointly as responsible for the child.

20Claimants subject to work-focused interview requirement only

(1)A claimant falls within this section if—

(a)the claimant is the responsible carer for a child who is aged at least 1 and is under a prescribed age (which may not be less than 3), or

(b)the claimant is of a prescribed description.

(2)The Secretary of State may, subject to this Part, impose a work-focused interview requirement on a claimant falling within this section.

(3)The Secretary of State may not impose any other work-related requirement on a claimant falling within this section (and, where a claimant falls within this section, any other work-related requirement previously applying to the claimant ceases to have effect).

21Claimants subject to work preparation requirement

(1)A claimant falls within this section if the claimant does not fall within section 19 or 20 and—

(a)the claimant has limited capability for work, or

(b)the claimant is of a prescribed description.

(2)The Secretary of State may, subject to this Part, impose a work preparation requirement on a claimant falling within this section.

(3)The Secretary of State may also, subject to this Part, impose a work-focused interview requirement on a claimant falling within this section.

(4)The Secretary of State may not impose any other work-related requirement on a claimant falling within this section (and, where a claimant falls within this section, any other work-related requirement previously applying to the claimant ceases to have effect).

(5)Regulations under subsection (1)(b) must prescribe a claimant who is the responsible carer for a child aged 3 or 4 if the claimant does not fall within section 20.

22Claimants subject to all work-related requirements

(1)A claimant not falling within any of sections 19 to 21 falls within this section.

(2)The Secretary of State must, except in prescribed circumstances, impose on a claimant falling within this section—

(a)a work search requirement, and

(b)a work availability requirement.

(3)The Secretary of State may, subject to this Part, impose either or both of the following on a claimant falling within this section—

(a)a work-focused interview requirement;

(b)a work preparation requirement.