The Social Security (Approved Work) Regulations (Northern Ireland) 2000

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend—

• the Social Security (Severe Disablement Allowance) Regulations (Northern Ireland) 1984 so that the participants in approved work, such as work trials or work placements, continue to receive severe disablement allowance (regulation 2);

• the Income Support (General) Regulations (Northern Ireland) 1987, the Housing Benefit (General) Regulations (Northern Ireland) 1987 and the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 to ensure that persons who are participating in approved work are not attributed with notional earnings for the purpose of ascertaining entitlement to the benefit concerned (regulations 3(a), 4 and 8);

• the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994 so that travelling and meal expenses paid as the sole training allowance do not cause a person to be treated as capable of work (regulation 5);

• the Social Security (Incapacity Benefit – Increases for Dependants) Regulations (Northern Ireland) 1994 so that recipients of incapacity benefit who have dependants who do approved work are not disallowed the increase (regulation 6);

• the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995 so that persons who are participating in approved work, as piloted by the Social Security (Incapacity, Earnings and Work Trials) (Pilot Schemes) Regulations (Northern Ireland) 1999 (S.R. 1999 No. 199), are treated as incapable of work (regulation 7); and

• the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1999 in consequence of the amendments made by regulations 3(a), 4 and 8 (regulation 9).

The Regulations also make—

• a technical amendment to the Income Support (General) Regulations (Northern Ireland) 1987 relating to the New Deal for Lone Parents to ensure that the notional earnings rules apply to those taking a break in their period of work experience (regulation 3(b)); and

• consequential revocations (regulation 10).

In so far as these Regulations are required, for the purposes of regulation 4, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992 (“the Administration Act”), after agreement by the Social Security Advisory Committee they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Administration Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.