Statutory Rules of Northern Ireland
EMPLOYMENT AND TRAINING
SOCIAL SECURITY
Made
1st September 1998
Coming into operation
29th September 1998
Whereas arrangements known as “the New Deal” have been made by the Department of Economic Development under section 1 of the Employment and Training Act (Northern Ireland) 1950 (“the 1950 Act”)(1):
And whereas the Department of Economic Development, in exercise of the powers conferred on it by Article 4 of the Employment and Training (Amendment) (Northern Ireland) Order 1988(2) and of every other power enabling it in that behalf, made the New Deal (Miscellaneous Provisions) Order (Northern Ireland) 1998(3) (“the principal Order”) affecting the treatment of payments received by participants in the programmes within the New Deal known as “the Full-time Education and Training Option”, “the Voluntary Sector Option” and “the Environmental Task Force Option” using facilities under the arrangements:
And whereas the New Deal includes, in addition to “the Full-time Education and Training Option”, “the Voluntary Sector Option” and “the Environmental Task Force Option”, a programme of employment or employment related training known as “the Employment Option”:
And whereas it appears to the Department of Economic Development that the Employment Option makes provision for persons using facilities provided in pursuance of them to receive payments in connection with their use of those facilities:
Now, therefore, the Department of Economic Development, in exercise of the powers conferred on it by Article 4 of the Employment and Training (Amendment) (Northern Ireland) Order 1988(2) and of every other power enabling it in that behalf, hereby makes the following Order:
1.—(1) This Order may be cited as the New Deal (Miscellaneous Provisions) (Amendment) Order (Northern Ireland) 1998 and shall come into operation on 29th September 1998.
2.—(1) The principal Order shall have effect subject to the amendments provided for in this Article.
(2) In Article 1(2) (interpretation)—
(a)before the definition of “the New Deal”, there shall be inserted the following definition—
““facilities” means facilities provided for the participant in pursuance of one or more of the New Deal Components;”;
(b)in the definition of “the New Deal Components”, after “the Voluntary Sector Option” there shall be inserted “, the Employment Option”;
(c)after the definition of “the New Deal Components”, there shall be inserted the following definition—
““trading receipt” means, in relation to a New Deal Participant under the Employment Option, any payment made to him in consideration of goods or services supplied by him in the course of his participation under that option;” and
(d)in the passage following the definition of “training allowance”, the words after “facilities” to the end of the paragraph shall be deleted.
(3) For Article 2 (treatment of persons and payments for the purposes of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(4), the Jobseekers (Northern Ireland) Order 1995(5) and other specified statutory provisions), there shall be substituted the following provision:
“2.—(1) The provisions of this Article apply for the purposes of—
(a)Part I of the Social Security Contributions and Benefits (Northern Ireland) Act 1992,
(b)the Jobseekers (Northern Ireland) Order 1995, and
(c)the statutory provisions specified in the Schedule.
(2) If, for any period or periods commencing with and including and falling after the date on which this Order comes into operation, during which a person is a New Deal participant, and is participating in either the Full-time Education and Training Option, the Voluntary Sector Option or the Environmental Task Force Option, that person receives, or is eligible to receive, a training allowance, he is to be treated for that period or those periods and in respect of his participation as not being employed but as participating in arrangements for training under section 1 of the 1950 Act; and accordingly, any payment made to such a person during that period or those periods in connection with his use of facilities shall be treated in the same manner as a payment of training allowance made in respect of such training.
(3) If, for any period or periods commencing with or falling after the date on which this paragraph comes into operation, during which a person is a New Deal participant and is participating in the Employment Option in a capacity other than that of employee, that person receives, or is eligible to receive, a training allowance, he is to be treated for that period or periods and in respect of his participation as not being employed but as participating in arrangements for training under section 1 of the 1950 Act; and accordingly any payment, other than a trading receipt, made to such a person during that period or those periods in connection with his use of facilities shall be treated in the same manner as a payment of training allowance made in respect of such training.”
Sealed with the Official Seal of the Department of Economic Development on
L.S.
W. A. N. Arbuthnot
Assistant Secretary
1st September 1998.
(This note is not part of the Order.)
This Order amends the New Deal (Miscellaneous Provisions) (Northern Ireland) Order 1998 to provide, additionally, that, for the purpose of Part I of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and the Jobseekers (Northern Ireland) Order 1995 and of the statutory provisions specified in the Schedule to the Order, a person using facilities provided in pursuance of the employment or employment-related training programme known as “the Employment Option” under the arrangements known as the New Deal otherwise than as an employee and receiving or entitled to receive from the Department of Economic Development a training allowance in connection with the use of those facilities shall be treated as participating in arrangements for training under section 1 of the Employment and Training Act (Northern Ireland) 1950. Any payment made to such a person in connection with his use of those facilities other than a trading receipt shall be treated as a payment of training allowance made in respect of such training.
The effect of the New Deal (Miscellaneous Provisions) Order (Northern Ireland) 1998 in relation to participants in the Full-time Education and Training Option, the Voluntary Sector Option or the Environmental Task Force Option of the New Deal is unchanged by these amendments.
1950 c. 29 (N.I.); section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10))