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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(1) (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(2) (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”.
Regulation 75 was substituted by regulation 8 of S.R. 1997 No. 541.
Regulation 69(a)(ii) was substituted by regulation 6 of S.R. 1997 No. 541.
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