Clause 2

Part of Welfare Reform Bill – in a Public Bill Committee at 4:00 pm on 24th February 2009.

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Photo of Jimmy Hood Jimmy Hood Labour, Lanark and Hamilton East 4:00 pm, 24th February 2009

With this it will be convenient to discuss the following: amendment 50, in schedule 1, page 53, line 30, after ‘failure’, insert

‘including demonstrating that failure was caused by a long-term or fluctuating mental health problem’.

Amendment 51, in schedule 1, page 59, line 18, at end insert

‘and circumstances where it can be demonstrated that a person has left employment voluntarily because of an employer’s failure to make reasonable adjustments concerning their mental health problems.’.

Amendment 52, in schedule 1, page 60, line 39, after ‘account’, insert

‘, including that person’s mental health and any specific mental health needs that person may have’.

Amendment 78, in clause 8, page 14, line 11, at end insert

‘including regard to that person’s mental health and any specific mental health needs that person may have.’.

Amendment 87, in clause 24, page 34, line 28, after ‘cause’, insert

‘(which shall include situations where the failure was caused by a long-term or fluctuating mental health problem)’.

New clause 5—Entitlement to tailored employment and career support

‘(1) All new ESA claimants and existing Incapacity Benefit claimants who are migrated to ESA, who have a diagnosed mental health problem which impacts on their ability to undertake work, will be entitled to an assessment carried out by, or linked to, Access to Work to determine what reasonable adjustments may improve the likelihood of retention should they find employment. This assessment must be carried out before the claimant may be compelled to undertake any compulsory work-related activity.

(2) The assessment will include evidence gathering from agencies responsible for a person’s employment support and for the provision of health services where appropriate and must include at least one interview with the claimant themselves.

(3) Any reasonable adjustments, recommended by the assessment, will be funded through Access to Work and will be available to any employer wishing to employ the claimant. Available funding for reasonable adjustments will be communicated to employers by a claimant’s employment adviser and will be transferable to a new employer in the event that the claimant moves jobs or employers.

(4) The assessment will be reviewed regularly and/or when the claimant moves jobs or employers to identify any changes to the adjustments required by the claimant.’.