Welfare Reform Bill

I listened to the example given by the noble Lord, Lord Skelmersdale. It is difficult to respond in detail without having the chance to review the facts, but I am happy to take the specifics back to the department. From what he said, it seems that the Pathways to Work programme was involved. It is part of the employment and support allowance for incapacity benefit, not part of the JSA route, and therefore Clause 1 provisions about "work for your benefit" would not apply in those circumstances. Clause 1 is before us and is the subject of the amendment. Whether the individual is correctly based on ESA or not depends, as we have discussed on the Welfare Reform Bill, on the work capability assessment and what flows from that. If the noble Lord would kindly send me the details of the case, I will have it looked at by officials, if he wishes. However, I suggest it is a separate issue from what Clause 1 focuses on, which is people who are subject to full conditionality under the JSA regime and the proposed amendment to that, which I shall address briefly in my response. The amendment would remove an important aspect of the definition of work-related activity as it applies in Clause 1. As currently drafted, work-related activity can mean activity that is designed to get people back to work, but also activity that is designed to improve someone's overall employability. It could, for example, be activity that would bring someone closer to the labour market or improve their chances of retaining employment over the longer term. It could also mean activity designed to allow someone to progress in work when they have found a job. The effects may not be immediate. "Work for your benefit" in particular is primarily about work experience, the positive effects of which will grow with time. For example, we expect that "work for your benefit" will allow customers to develop work habits, experience routine and gain knowledge of work environments in ways in which they may not have done for some time, if ever. All of those things may be appropriate for any given claimant at different times. The amendment would therefore restrict the range of support that we may require a claimant to participate in and that is something we resist. The definition of work-related activity used in Clause 1 is the same as we are currently using in the Welfare Reform Act 2007 and as we use in Clause 2 of the Bill. Accepting the amendment would result in a number of different definitions being used in legislation, which can only confuse the matter. I hope that, with the offer of help on the specific case raised by the noble Lord, he will feel able to withdraw the amendment.