Jobseekers Back to Work Schemes Act 2013 Overview

The Jobseekers (Back to Work Schemes) Act 2013 was introduced to support jobseekers in the UK. This Act aimed to help individuals back into employment by providing a framework for back to work schemes.

The Act established a new system of sanctions for jobseekers who fail to meet certain requirements, such as actively seeking work or participating in work-related activities.

The sanctions system was designed to incentivize jobseekers to engage with the job market and take steps towards finding employment.

The Jobseekers (Back to Work Schemes) Act 2013 was fast-tracked through parliament, which meant it didn't get the usual scrutiny it would have otherwise received.

This lack of scrutiny was criticized by the House of Lords Constitutional Committee, which said the government hadn't provided a good reason for rushing the Bill through.

Minister for Disabled People Esther McVey argued that the Bill was about giving jobseekers the best possible way to find employment, but many lawmakers disagreed.

The second reading of the Bill in the House of Lords was met with scathing comments from legislators who felt it was unfair to penalize benefits claimants for actions that were legal at the time.

The Bill passed its third reading in the Commons by a significant margin, with 263 votes in favor and only 52 against.

The Labour Party largely abstained from voting on the Bill, which some saw as effectively supporting the measure.

The Government responded to the quashing of the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011 by introducing replacement regulations.

The Jobseeker’s Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013 (SI 2013/276) was introduced to replace the previous regulations.

The Government also introduced the Jobseekers (Back to Work Schemes) Act 2013 to address the issue of claimants being required to repay benefits after being sanctioned for failure to comply with the ESE Regulations.

If this caught your attention, see: Enterprise and Regulatory Reform Act 2013

The Act aimed to avoid the need for claimants to repay benefits by making it clear that any decisions to sanction them cannot be challenged due to the invalidity of the ESE Regulations.

The Government appealed the decision to the Supreme Court but was unsuccessful, confirming the Court of Appeal's judgment.

The Act also addressed the risk that previous notifications to claimants under the Mandatory Work Activity Regulations may be open to challenge due to the same notification provisions as the ESE Regulations.

The High Court decision in Reilly (No. 2) & Anor, R (on the application of) v Secretary of State for Work and Pensions [2014] EWHC 2182 (Admin) was a significant case regarding retrospective legislation.

The court ruled that the Jobseekers (Back to Work Schemes) Act 2013 was incompatible with rights under Article 6 of the European Convention on Human Rights.

This incompatibility only applies to cases where a claimant has already appealed to a court or tribunal, and does not affect those who have not taken their case to court.

The court rejected the argument that the Act was incompatible with Article 1 of the First Protocol, as receiving Jobseeker’s Allowance is dependent on meeting certain conditions.

The Government appealed to the Court of Appeal, which upheld the High Court decision regarding those who had already appealed to a court or tribunal.

However, the Court of Appeal also ruled that the 2013 regulations are lawful for those who have not appealed to a court or tribunal.

The court's decision means that those who have already appealed and had their benefits sanctioned may be able to reclaim the benefits they lost.