The Social Security (New Deal Pilot) Regulations (Northern Ireland) 1998 No. 421

Part III Consequential Provisions

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)(1), 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)(2)–

(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)(3), 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)(4)–

(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)(5), 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)(6)–

(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)(7), 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)(8)–

(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.”.

(1)

Paragraph (10A) was inserted by regulation 2(1)(b) of S.R. 1998 No. 326.

(2)

Paragraph (13) was amended by regulation 9(b) of S.R. 1997 No. 541.

(3)

Paragraph (4ZA) was inserted by regulation 2(2)(b) of S.R. 1998 No. 326.

(4)

Paragraph (6) was amended by S.R. 1995 No. 86 and S.R. 1997 No. 541.

(5)

Paragraph (3A) was inserted by regulation 2(b) of S.R. 1998 No. 325.

(6)

Paragraph (5) was amended by S.R. 1991 No. 337, S.R. 1995 No. 89 and S.R. 1997 No. 541.

(7)

Paragraph (3A) was inserted, in both cases, by S.R. 1998 No. 326.

(8)

Paragraph (4), in both cases, was amended by S.R. 1995 No. 86 and S.R. 1997 No. 541.