The Social Security (New Deal Pilot) Regulations (Northern Ireland) 1998

Part I General

Citation, commencement and duration

1.—(1) These Regulations may be cited as the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1998 and shall come into operation on 30th November 1998.

(2) These Regulations shall cease to have effect on 29th November 1999, unless revoked with effect from an earlier date.

Interpretation

2.—(1) In these Regulations–

“the Order” means the Jobseekers (Northern Ireland) Order 1995;

“benefit” means jobseeker’s allowance or any earnings credited to a person in accordance with regulation 8A of the Social Security (Credits) Regulations (Northern Ireland) 1975(1);

“the Disability Working Allowance Regulations” means the Disability Working Allowance (General) Regulations (Northern Ireland) 1992(2);

“employment officer” means a person who is at any time an employment officer for the purposes of Article 21 of the Order;

“employment-related course” has the same meaning as in regulation 1(2) of the Jobseeker’s Allowance Regulations;

“the Family Credit Regulations” means the Family Credit (General) Regulations (Northern Ireland) 1987(3);

“full-time student” has the same meaning as in regulation 1(2) of the Jobseeker’s Allowance Regulations;

“gateway interview” means an interview with an employment officer to identify and discuss matters that could help a person find work and matters that are preventing him from finding work;

“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations (Northern Ireland) 1987(4);

“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987(5);

“the intensive activity period of the New Deal pilot for 25 plus” means the programme provided in pursuance of arrangements made under section 1 of the Employment and Training Act (Northern Ireland) 1950(6) for which only persons who are aged 25 years or over may be eligible, known as the intensive activity period of the New Deal for 25 plus, and which includes for any individual, job search activity and one or more of the following, namely training, study, assistance in pursuing self-employed earner’s employment and work experience.

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(7);

“the New Deal Education and Training Opportunities pilot for 25 plus” means the programme provided in pursuance of arrangements made under section 1 of the Employment and Training Act (Northern Ireland) 1950 for which only persons who are aged 25 years or over may be eligible, known as the New Deal Education and Training Opportunities for 25 plus, being a programme which consists of a qualifying course within the meaning of regulation 17A of the Jobseeker’s Allowance Regulations modified in accordance with regulation 18;

“part-time student” has the same meaning as in regulation 1(2) of the Jobseeker’s Allowance Regulations;

“week” means any period of seven days.

(2) In regulations 3 and 4, the references to receiving benefit for not less than 18 months or, as the case may be, for less than 18 months, referred to in those regulations means receiving benefit–

(a) without any period of interruption, or

(b) with a period of interruption which did not exceed 28 days, or

(c) with a number of periods of interruption, none of which exceeded 28 days,

and any period of interruption which did not exceed 28 days shall be taken into account in calculating the periods referred to in regulations 3 and 4.

(3) The Interpretation Act (Northern Ireland) 1954(8) shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

Application: persons aged 25 and over in receipt of benefit for 18 months

3.  This regulation shall apply to any person who–

(a) on or after the date these Regulations come into operation attends an office of the Department or of the Department of Economic Development pursuant to a notice under regulation 23 of the Jobseeker’s Allowance Regulations, and

(b) on any day when he so attends is aged 25 or over but under pensionable age and has been receiving benefit for a period of not less than 18 months.

Application: volunteers

4.  This regulation shall apply to any person who–

(a) on or after the date these Regulations come into operation, attends an office of the Department or of the Department of Economic Development pursuant to a notice under regulation 23 of the Jobseeker’s Allowance Regulations and when he so attends volunteers to attend a gateway interview;

(b) on the day he so attends, is aged 25 or over but under pensionable age and has been receiving benefit for a period of less than 18 months, and

(c) in respect of whom an employment officer agrees that he may be given a gateway interview.

Part II The Intensive Activity Period of the New Deal Pilot for 25 Plus

Sanction

5.—(1) In relation to a person to whom paragraph (2) applies, “employment programme” in Article 21 of the Order means, in addition to the programmes listed in regulation 75(1) of the Jobseeker’s Allowance Regulations(9) (interpretation), the intensive activity period of the New Deal pilot for 25 plus.

(2) This paragraph applies to any person to whom regulation 3 or 4 applies and who has been given or sent a notice in writing by an employment officer advising him that if he fails to participate in the intensive activity period of the New Deal pilot for 25 plus his jobseeker’s allowance could cease to be payable or could be payable at a lower rate.

(3) In relation to a person to whom paragraph (2) applies, in regulation 69(a) of the Jobseeker’s Allowance Regulations(10) (prescribed period for the purposes of Article 21(2) of the Order) for sub-paragraph (ii) there shall be substituted the following sub-paragraph–

“(ii) either–

(aa) where the determination mentioned in sub-paragraph (i) does not relate to the intensive activity period of the New Deal pilot for 25 plus, on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within Article 21(5) of the Order (circumstances in which a jobseeker’s allowance is not payable), or

(bb) where the determination mentioned in sub-paragraph (i) relates to the intensive activity period of the New Deal pilot for 25 plus, on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within Article 21(5) of the Order that relate to the intensive activity period of the New Deal pilot for 25 plus, and”.

Interpretation of Article 21 of the Order and Part V of the Jobseeker’s Allowance Regulations

6.  In relation to a person to whom regulation 3 or 4 applies, “employment” in Article 21 of the Order, except paragraph (9), and in Part V of the Jobseeker’s Allowance Regulations, means employed earner’s employment other than employed earner’s employment in which a person is employed whilst participating in the intensive activity period of the New Deal pilot for 25 plus and “employed earner” shall be construed accordingly.

Availability for employment

7.—(1) In relation to a person to whom regulation 3 or 4 applies–

(a) regulation 15(a) of the Jobseeker’s Allowance Regulations (circumstances in which a person is not to be regarded as available) shall be modified in its application to him as if the following words were added after “full-time student” where those words appear for the first time–

“, other than where he is a full-time student by virtue of undertaking an employment-related course as part of the intensive activity period of the New Deal pilot for 25 plus,”, and

(b) if in any week in which he is participating in the intensive activity period of the New Deal pilot for 25 plus he is as part of that programme undertaking as a full-time student or a part-time student an employment-related course for not less than three days in that week, he shall be treated as available for employment for that week.

(2) In this regulation, “week” has the same meaning as “benefit week” in regulation 1(2) of the Jobseeker’s Allowance Regulations.

Good cause

8.  Without prejudice to any other circumstances in which a person may be regarded as having good cause for any act or omission for the purposes of Article 21(5)(b) of the Order, and in addition to the circumstances listed in regulation 73 of the Jobseeker’s Allowance Regulations(11) (good cause for the purposes of Article 21(5)(b) of the Order), a person to whom regulation 3 or 4 applies is to be regarded as having good cause for an act or omission in relation to the intensive activity period of the New Deal pilot for 25 plus for the purposes of Article 21(5)(b) of the Order where he has already participated in the intensive activity period of the New Deal pilot for 25 plus for one continuous period of 13 weeks or 2 or more periods amounting in total to 13 weeks.

Payability of allowance

9.  An income-based jobseeker’s allowance shall be payable to a person to whom regulation 3 or 4 applies even though Article 21 of the Order prevents payment of a jobseeker’s allowance to him if–

(a) an allowance would not otherwise be payable because the circumstances in Article 21(5)(c) of the Order apply in relation to the intensive activity period of the New Deal pilot for 25 plus, and

(b) he has already participated in the intensive activity period of the New Deal pilot for 25 plus for one continuous period of 13 weeks or 2 or more periods amounting in total to 13 weeks, and the applicable amount of a person to whom this regulation applies shall be the amount determined in accordance with regulation 83, 84, 85, 86, 145 or 148 of the Jobseeker’s Allowance Regulations (applicable amounts), as appropriate.

Part III Consequential Provisions

Scope of Part III

10.—(1) Regulations 11 and 13 to 16 shall only apply in relation to a person to whom regulation 3 or 4 applies in so far as those regulations relate to that person’s participation in the intensive activity period of the New Deal pilot for 25 plus.

(2) Regulation 12 shall only apply in any week in which a person to whom regulation 3 or 4 applies is participating in the intensive activity period of the New Deal pilot for 25 plus.

Definition of “training allowance”

11.—(1) The definition of “training allowance” in each of the regulations specified in paragraph (2) (which are interpretation provisions) shall be modified in its application to persons to whom this Part applies as if at the end there were added “nor does it include any mandatory top-up payment made to a person pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950 in respect of that person’s participation in the programme known as the intensive activity period of the New Deal pilot for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1998(12) in regulation 2(1) of those Regulations”.

(2) The regulations to which paragraph (1) refers are–

(a) regulation 2(1) of the Disability Working Allowance Regulations(13);

(b) regulation 2(1) of the Family Credit Regulations(14);

(c) regulation 2(1) of the Housing Benefit Regulations(15);

(d) regulation 2(1) of the Income Support Regulations(16);

(e) regulation 1(2) of the Jobseeker’s Allowance Regulations.

Remunerative work

12.—(1) Regulation 53 of the Jobseeker’s Allowance Regulations (persons treated as not engaged in remunerative work) shall be modified in its application to persons to whom this Part applies as if after paragraph (h) there was added the following paragraph–

“(i) he is participating in the programme known as the intensive activity period of the New Deal pilot for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1998 in regulation 2(1) of those Regulations.”.

(2) Regulation 6 of the Income Support Regulations (persons not treated as engaged in remunerative work) shall be modified in its application to persons to whom this Part applies as if after paragraph (j)(17) there was added the following paragraph–

“(k) he is participating in the programme known as the intensive activity period of the New Deal pilot for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1998 in regulation 2(1) of those Regulations.”.

(3) Regulation 4 of the Housing Benefit Regulations (remunerative work) shall be modified in its application to persons to whom this Part applies as if after paragraph (5)(18) there was inserted the following paragraph–

“(5A) A person shall not, for the purposes of these Regulations, be treated as engaged in remunerative work in any benefit week in which he is participating in the programme known as the intensive activity period of the New Deal pilot for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1998 in regulation 2(1) of those Regulations.”.

(4) Both regulation 6 of the Disability Working Allowance Regulations and regulation 4 of the Family Credit Regulations (remunerative work) shall be modified in their application to persons to whom this Part applies as if after paragraph (3)(c)(19) there was added the following sub-paragraph–

“(d) he is participating in the programme known as the intensive activity period of the New Deal pilot for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1998 in regulation 2(1) of those Regulations.”.

Notional income

13.—(1) Regulation 105 of the Jobseeker’s Allowance Regulations (notional income) shall be modified in its application to persons to whom this Part applies as if–

(a) in paragraph (10A)(c)(20), after head (iii), there was added the following head–

“(iv) in the programme known as the intensive activity period of the New Deal Pilot for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1998 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (10)(a)(ii).”;

(b) in paragraph (13)(21)–

(i) at the beginning, there were inserted “Subject to paragraph (13A),”;

(ii) the words from “; but this paragraph” to the end of the paragraph were omitted;

(c) after paragraph (13) there were inserted the following paragraph–

“(13A) Paragraph (13) shall not apply–

(a) to a claimant who is engaged by a charitable or voluntary organisation or who is a volunteer if the adjudication officer is satisfied in any of those cases that it is reasonable for him to provide his services free of charge, or

(b) in a case where the service is performed in connection with the claimant’s participation in–

(i) an employment or training programme in accordance with regulation 19(1)(p), or

(ii) the programme known as the intensive activity period of the New Deal pilot for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1998 in regulation 2(1) of those Regulations.”.

(2) Regulation 42 of the Income Support Regulations (notional income) shall be modified in it application to persons to whom this Part applies as if–

(a) in paragraph (4ZA)(c)(22), after head (iii), there was added the following head–

“(iv) in the programme known as the intensive activity period of the New Deal pilot for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1998 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (4)(a)(ii).”;

(b) in paragraph (6)(23)–

(i) at the beginning, there were inserted “Subject to paragraph (6A),”;

(ii) the words from “; but this paragraph” to the end of the paragraph were omitted;

(c) after paragraph (6) there were inserted the following paragraph–

“(6A) Paragraph (6) shall not apply–

(a) to a claimant who is engaged by a charitable or voluntary organisation or who is a volunteer if the adjudication officer is satisfied in any of those cases that it is reasonable for him to provide his services free of charge; or

(b) in a case where the service is performed in connection with the claimant’s participation in–

(i) an employment or training programme in accordance with regulation 19(1)(p) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996, or

(ii) the programme known as the intensive activity period of the New Deal pilot for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1998 in regulation 2(1) of those Regulations.”.

(3) Regulation 35 of the Housing Benefit Regulations (notional income) shall be modified in its application to persons to whom this Part applies as if–

(a) in paragraph (3A)(c)(24), after head (iii), there was added the following head–

“(iv) in the programme known as the intensive activity period of the New Deal pilot for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1998 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (3)(a).”;

(b) in paragraph (5)(25)–

(i) at the beginning, there were inserted “Subject to paragraph (5A),”;

(ii) the words from “; but this paragraph” to the end of the paragraph were omitted;

(c) after paragraph (5) there were inserted the following paragraph–

“(5A) Paragraph (5) shall not apply–

(a) to a claimant who is engaged by a charitable or voluntary organisation or who is a volunteer if the appropriate authority is satisfied in any of those cases that it is reasonable for him to provide his services free of charge, or

(b) in a case where the service is performed in connection with the claimant’s participation in–

(i) an employment or training programme in accordance with regulation 19(1)(p) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996, or

(ii) the programme known as the intensive activity period of the New Deal pilot for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1998 in regulation 2(1) of those Regulations.”.

(4) Both regulation 29 of the Disability Working Allowance Regulations and regulation 26 of the Family Credit Regulations (which relate to notional income) shall be modified in their application to persons to whom this Part applies as if–

(a) in paragraph (3A)(c)(26), after head (iii), there was added the following head–

“(iv) in the programme known as the intensive activity period of the New Deal pilot for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1998 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (3)(a).”;

(b) in paragraph (4)(27)–

(i) at the beginning, there were inserted “Subject to paragraph (4A),”;

(ii) the words from “; but this paragraph” to the end of the paragraph were omitted;

(c) after paragraph (4) there were inserted the following paragraph–

“(4A) Paragraph (4) shall not apply–

(a) to a claimant who is engaged by a charitable or voluntary organisation or who is a volunteer if the adjudication officer is satisfied in any of those cases that it is reasonable for him to provide his services free of charge; or

(b) in a case where the service is performed in connection with the claimant’s participation in–

(i) an employment or training programme in accordance with regulation 19(1)(p) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996; or

(ii) the programme known as the intensive activity period of the New Deal pilot for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1998 in regulation 2(1) of those Regulations.”.

Notional capital

14.—(1) Both regulation 51 of the Income Support Regulations and regulation 113 of the Jobseeker’s Allowance Regulations (notional capital) shall be modified in their application to persons to whom this Part applies as if in paragraph (3A)(b)(28), after head (iii), there was added the following head–

“(iv) in the programme known as the intensive activity period of the New Deal pilot for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1998 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (3)(a)(ii).”.

(2) Each of the regulations specified in paragraph (3) (which relate to notional capital) shall be modified in their application to persons to whom this Part applies as if in paragraph (3A)(b), after head (iii), there was added the following head–

“(iv) in the programme known as the intensive activity period of the New Deal pilot for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1998 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (3)(a).”.

(3) The regulations to which paragraph (2) refers are–

(a) regulation 37 of the Disability Working Allowance Regulations(29);

(b) regulation 34 of the Family Credit Regulations(30);

(c) regulation 43 of the Housing Benefit Regulations(31).

Income to be disregarded

15.—(1) Each of the Schedules specified in paragraph (2) (which relate to sums to be disregarded in the calculation of income other than earnings), shall be modified in their application to persons to whom this Part applies as if at the end of each of those Schedules there were added the following paragraphs bearing the specified respective paragraph numbers–

• “Any child care expenses reimbursed to the claimant in respect of his participation in the programme known as the intensive activity period of the New Deal pilot for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1998 in regulation 2(1) of those Regulations but this paragraph does not apply to any part of any allowance under section 1(1A)(d) of the Employment and Training Act (Northern Ireland) 1950(32).

• Any mandatory top-up payment made to a person pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950 in respect of that person’s participation in the programme known as the intensive activity period of the New Deal pilot for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1998 in regulation 2(1) of those Regulations.”.

(2) The respective paragraph numbers and Schedules for the purposes of paragraph (1) are–

(a) paragraphs 60 and 61 of Schedule 3 to the Disability Working Allowance Regulations(33);

(b) paragraphs 62 and 63 of Schedule 2 to the Family Credit Regulations(34);

(c) paragraphs 70 and 71 of Schedule 4 to the Housing Benefit Regulations(35);

(d) paragraphs 65 and 66 of Schedule 9 to the Income Support Regulations(36);

(e) paragraphs 63 and 64 of Schedule 6 to the Jobseeker’s Allowance Regulations(37).

Capital to be disregarded

16.—(1) Each of the Schedules specified in paragraph (2) (which relate to capital to be disregarded), shall be modified in their application to persons to whom this Part applies as if at the end of each of those Schedules, there were added the following paragraphs bearing the respective specified paragraph numbers–

• “Any child care expenses reimbursed to the claimant in respect of his participation in the programme known as the intensive activity period of the New Deal pilot for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1998 in regulation 2(1) of those Regulations but only for a period of 52 weeks from the date of receipt of the payment.

• Any mandatory top-up payment made to a person pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950 in respect of that person’s participation in the programme known as the intensive activity period of the New Deal pilot for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1998 in regulation 2(1) of those Regulations but only for a period of 52 weeks from the date of receipt of the payment.”.

(2) The respective paragraph numbers and Schedules specified for the purposes of paragraph (1) are–

(a) paragraphs 53 and 54 of Schedule 4 to the Disability Working Allowance Regulations(38);

(b) paragraphs 54 and 55 of Schedule 3 to the Family Credit Regulations(39);

(c) paragraphs 55 and 56 of Schedule 5 to the Housing Benefit Regulations(40);

(d) paragraphs 52 and 53 of Schedule 10 to the Income Support Regulations(41);

(e) paragraphs 47 and 48 of Schedule 7 to the Jobseeker’s Allowance Regulations(42).

Part IV The New Deal Education and Training Opportunities Pilot for 25 Plus

Scope of Part IV

17.  Regulations 5 to 16 shall not apply to a person during any period where he is participating in the New Deal Education and Training Opportunities pilot for 25 plus.

Modification of regulation 17A of the Jobseeker’s Allowance Regulations

18.  In relation to a person to whom regulation 3 or 4 applies and who is participating in the New Deal Education and Training Opportunities pilot for 25 plus, regulation 17A of the Jobseeker’s Allowance Regulations(43) (further circumstances in which a person is to be treated as available: full-time students participating in a qualifying course) shall apply with the modifications set out in paragraphs (a) and (b)–

(a) in paragraph (2)(b)–

(i) for “2 years” there shall be substituted “18 months”;

(ii) the words from “and for the purposes” to the end shall be omitted;

(b) in paragraph (4) for “2 years” there shall be substituted “18 months”.

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on

L.S.

John O'Neill

Assistant Secretary

27th November 1998.

The Department of the Environment for Northern Ireland hereby consents to regulations 11(1) and (2)(c), 12(3), 13(3), 14(2) and (3)(c), 15(1) and (2)(c) and 16(1) and (2)(c) of the foregoing Regulations.

Sealed with the Official Seal of the Department of the Environment for Northern Ireland on

L.S.

J. Ritchie

Assistant Secretary

27th November 1998.