§ Earl Russellasked Her Majesty's Government:
On what vires they rely when imposing a sanction of total withdrawal of benefit on those who refuse courses under the new Project Work programme.
§ The Minister of State, Department for Education and Employment (Lord Henley)Thevires for establishing the Project Work programme is Section 29(1) of the Jobseekers Act 1995 ("the Act"), which allows pilot schemes to be set up for a period not exceeding 12 months in specified areas or localities in relation to persons fulfilling prescribed criteria. Under Section 29(8) of the Act, such schemes must be established with a view to ascertaining whether their 120WA provisions will, or will be likely to, encourage persons to obtain or remain in work or will be likely to facilitate the obtaining by persons of work or their remaining in work.
Under Section 29(6), regulations under the Act or under Part VII of the Social Security Contributions and Benefits Act 1992 ("the 1992 Act") or under certain other provisions may be made on a pilot basis. Under Section 19(10) of the Act, regulations may prescribe the meaning of "employment programme" for the purpose of Section 19(5), which sets out sanctions in relation to jobseeker's allowance (JSA). Under Section 137(2)(d)(ii) of the 1992 Act, regulations may prescribe the circumstances where a claimant can be treated as not available for employment for the purpose of claiming income support.
It is intended that, where claimants refuse to attend the Project Work programme without good cause, they will be treated as not available for employment for the purposes of income support, with the result that income support will be withdrawn or reduced for specified periods. When JSA comes into force, they will receive a sanction under Section 19 for failure to participate in the Project Work programme.