Welfare Reform Act 2007

Voluntary and mandatory rehabilitation plans E+W+S

[F1 5 (1) Regulations may make provision for or in connection with securing that a person (“P”) who at any time complies with a voluntary rehabilitation plan is not required at that time—

(a) to take part in a work-focused interview under section 12(1), or

(b) to undertake work-related activity under section 13(1).

(2) Regulations under this paragraph may include provision for P not to be required to do the things mentioned in sub-paragraph (1)(a) or (b) only if the Secretary of State is satisfied that—

(a) P is dependent on, or has a propensity to misuse, any drug, and

(b) P’s dependency or propensity is a factor affecting P’s prospects of obtaining or remaining in work.

(3) For the purposes of this paragraph a “voluntary rehabilitation plan” is an agreement entered into by the Secretary of State and P under which P agrees to take one or more of the following steps.

(4) The steps are—

(a) submitting to treatment by or under the direction of a person having the necessary qualifications or experience,

(b) taking part in specified interviews, and specified assessments, at specified places and times, and

(c) taking such other steps (if any) as may be specified,

with a view to the reduction or elimination of P’s dependency on, or propensity to misuse, the drug in question.

(5) The treatment may be—

(a) treatment as a resident in a specified institution or place, or

(b) treatment as a non-resident at a specified institution or place, and at specified intervals.

(6) Regulations under this paragraph may, in particular, make provision—

(a) as to the maximum period for which a person may benefit from the provision made by the regulations;

(b) about the form of voluntary rehabilitation plans (including provision as to their signing);

(c) about the review, variation and revocation of voluntary rehabilitation plans;

(d) for securing that a person who agrees to comply with a voluntary rehabilitation plan provides information, and such evidence as may be prescribed, as to compliance with the plan.

(7) An employment and support allowance may also be known as a “treatment allowance” at any time when it is payable to a person to whom this paragraph applies.

(8) In this paragraph “specified”, in relation to a voluntary rehabilitation plan, means specified in or determined in accordance with the plan.]

Textual Amendments

F1 Sch. 1A inserted (12.11.2009) by Welfare Reform Act 2009 (c. 24), s. 61(1), Sch. 3 para. 7