Jobseekers (Hansard, 6 February 1995)

§ Mr. McCartney
To ask the Secretary of State for Employment whether jobseekers allowance will be paid to an individual who is taking steps to carry out a reasonable direction for the purposes of seeking entitlement to jobseekers allowance.

§ Miss Widdecombe
A benefit sanction will be imposed only if it is determined that a jobseeker has refused or failed to carry out a direction without good cause and that the direction was reasonable, having regard to his circumstances.

§ Mr. McCartney
To ask the Secretary of State for Employment what rights of appeal jobseekers allowance claimants will have to an adjudicating officer if they feel they are being required to agree to something they consider to be unreasonable.

§ Miss Widdecombe
All labour market decisions will be made by independent adjudication officers. Clause 7(8) and 7(9) of the Jobseekers Bill provide for jobseekers to be able to refer the terms and conditions by a proposed jobseeker's agreement to an independent adjudication officer if they believe they are unreasonable. They will also have the right for the adjudication officer's determination to be reviewed by a second adjudication officer, and the right of appeal to a social security appeals tribunal.

§ Mr. McCartney
To ask the Secretary of State for Employment (1) what safeguards will be taken to ensure that, where directions are applied to a person seeking entitlement to the jobseekers allowance and which require a subjective opinion of a claimant's life style, appearance, or general physical, mental or emotional make up, the98W opinion held by the Employment Service officer issuing the directions will not in any way discriminate against the claimant concerned;
(2) how the nature of discretion exercised by Employment Service officers will be held to be free from prejudice or ignorance in directing the claimant for purposes of entitlement to the jobseekers allowance.

§ Miss Widdecombe
A jobseeker's direction must be reasonable having regard to the circumstances of the jobseeker. If the jobseeker refuses or fails to carry out a direction, an independent adjudication officer will determine whether the direction was reasonable and whether the jobseeker had good cause for failing to act.

§ Mr. McCartney
To ask the Secretary of State for Employment what special provision will be made available for people who have transferred to jobseekers allowance from incapacity benefit.

§ Miss Widdecombe
Jobseekers will be able to restrict their availability to the type of hours of work they are prepared to take because of their physical or mental condition.
Significant extra resources will be provided over the next three years to fund additional back-to-work help for those leaving incapacity benefit. The Benefits Agency and the Employment Service are working closely to ensure a smooth transition from incapacity to unemployment benefits for those who will be affected.

§ Mr. McCartney
To ask the Secretary of State for Employment (1) who will be empowered in the Employment Service to judge that a direction issued to a claimant seeking jobseekers allowance is considered to be reasonable; and who is empowered to disqualify a claimant from benefit;
(2) who will be responsible for deciding whether the amount of time provided for claimants to carry out directions issued by Employment Service officers for the purposes of seeking entitlement to jobseekers allowance is fair and reasonable;
(3) who will determine that the advice given by Employment Service staff to direct claimants seeking entitlement for purposes of jobseekers allowance will be in the best interests of the individual and that this advice has been optimally matched to improve the claimant's chances of finding work.

§ Miss Widdecombe
The Jobseekers Bill provides that a jobseekers's direction must be reasonable in the claimant's circumstances, and given with a view of assisting him to find or retain employment or improving his prospects of being employed. If the jobseeker refuses or fails to carry it out, an independent adjudication officer will take all the facts of the case into account in deciding whether to impose a sanction, including whether the claimant had good cause for his action.

§ Mr. McCartney
To ask the Secretary of State for Employment what safeguards will be built into the jobseeker's allowance appeals process to ensure that claimants are not coerced into signing the agreement against their will.

§ Miss Widdecombe
If a jobseeker does not agree with the terms and conditions of a proposed jobseeker's agreement, he can refer it to an independent adjudication officer for a determination. He will also have the right to have that determination reviewed by a second adjudication officer, and the right of appeal to a social security appeals tribunal.
99W

§ Mr. McCartney
To ask the Secretary of State for Employment in what instances discretion will be held to apply in directing the claimant for purposes of entitlement to the jobseeker's allowance to take steps as provided in section 6(3) (a) of the Jobseekers Bill.

§ Miss Widdecombe
There is no provision under this clause to give direction to jobseekers. Jobseekers will be required to demonstrate that they are actively seeking employment. The steps which will constitute meeting this requirement will be set out in regulations.

§ Mr. McCartney
To ask the Secretary of State for Employment who will judge if the assessment for the purposes of entering into the jobseeker's agreement is accurate and a genuine reflection of an individual's skills, qualification and experience.

§ Miss Widdecombe
The employment officer and the jobseeker will seek to draw up a jobseeker's agreement. If they cannot agree on the terms an conditions of the proposed agreement, it will be referred to an independent adjudication officer.

§ Mr. McCartney
To ask the Secretary of State for Employment what advice and guidance will be given to Employment Service staff of the interpretation and execution of directions under section 6(3) (a) of the Jobseekers Bill; and what specific circumstances will be prescribed to fall within the jurisdiction of the definition of directions.

§ Miss Widdecombe
There is no provision under this clause to give directions to jobseekers. Jobseekers will be required to demonstrate that they are actively seeking employment. The steps which will constitute meeting this requirement will be set out in regulations.

§ Mr. Rooney
To ask the Secretary of State for Employment what is the composition of the jobseekers allowance project team; how often it has met; and to whom it reports.

§ Miss Widdecombe
The jobseeker's allowance is jointly the responsibility of my right hon. Friends, the Secretaries of State for Employment and for Social Security. An official group, chaired by the Employment Department, is accountable to them for implementation of the allowance. A project director is accountable for the implementation project to the implementation group and is assisted in the day-to-day management of the project by a project manager. The latter is assisted by a project management board, comprising himself, key managers within the project, and representatives of the ED, the Department of Social Security and their agencies. The board has met 12 times.

§ Mr. McCartney
To ask the Secretary of State for Employment how the term "direction" is to be defined in relation to the jobseeker's allowance.

§ Miss Widdecombe
The Jobseekers Bill defines in clause 15 the term "jobseeker's direction" as "a direction given in writing by an employment officer—with a view to achieving one or more of the following:
(i) assisting the claimant to find employment;

(ii) assisting the claimant to retain employment;

(iii) improving the claimant's prospects of being employed.

§ Mr. McCartney
To ask the Secretary of State for Employment whether interpreters will be readily available for people seeking entitlement to jobseekers allowance whose first language is not English.

§ Miss Widdecombe
For those jobseekers whose first language is not English, and who need help with100W translation, as now, an appointment will be booked with an adviser with the appropriate language skills, where they are available. Alternatively, another member of staff with appropriate language skills will act as a interpreter. If neither of these is possible the jobseeker will be encouraged to bring a friend or relative to the interview to act as an interpreter. Jobcentres are also able to make use of local services offering interpreting facilities where there is a need.

§ Mr.McCartney
To ask the Secretary of State for Employment which members of staff in the Employment Service will be empowered to issue directions to claimants seeking entitlement to jobseekers allowance.

§ Miss Widdecombe
Jobseeker's directions will be given by staff who have appropriate training to do so.

§ Mr. McCartney
To ask the Secretary of State for Employment (1) what timescale will apply to claimants seeking entitlement to jobseekers allowance for carrying out directions as issued by Employment Service staff;
(2) how long claimants seeking entitlement to jobseekers allowance will be given, in order that they may take steps to carry out a reasonable direction.

§ Miss Widdecombe
A jobseeker's direction will specify the action required of the claimant, and the time by which it is to be carried out. The Jobseekers Bill provides that a direction must be reasonable in the claimant's circumstances, and the independent adjudication officer will therefore take the required timescale into account in deciding whether to impose a sanction for the claimant's failure to carry out a direction.

§ Mr. McCartney
To ask the Secretary of State for Employment how long in practice the assessment process will take for the purposes of entering into the jobseekers agreement.

§ Miss Widdecombe
The process of entering into the jobseekers agreement will be handled as part of the new claim interview. Work is currently in progress to assess the impact of all new features of the jobseekers allowance, including the jobseeker's agreement, on the structure and nature of the new claim interview.

§ Mr. Rooney
To ask the Secretary of State for Employment what assessment has been made of future premises needs for the Employment Service after the introduction of the jobseekers allowance.

§ Miss Widdecombe
Work is underway as part of the implementation of jobseeker's allowance to assess the implications of JSA on the network of Employment Service jobcentres. This taking place alongside other development work with which it is linked, including in particular the detailed business processes through which the allowance will be delivered.