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Statutory Rules of Northern Ireland

2001 No. 423

EMPLOYMENT AND TRAINING

SOCIAL SECURITY

New Deal (Lone Parents) (Miscellaneous Provisions) Order (Northern Ireland) 2001

Made

6th December 2001

Coming into operation

14th January 2002

Whereas arrangements known as “the New Deal” have been made by the Department for Employment and Learning(1) under section 1 of the Employment and Training Act (Northern Ireland) 1950 (“the 1950 Act”)(2).

And whereas the New Deal includes an employment programme known as “the New Deal for Lone Parents”:

And whereas it appears to the Department for Employment and Learning that these arrangements make 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 for Employment and Learning???, in exercise of the powers conferred by Article 4(1)(a), (c), (d) and (2) of the Employment and Training (Amendment) (Northern Ireland) Order 1988(3) and now vested in it(4), and of every other power enabling it in that behalf, hereby makes the following Order:—

Citation, commencement and interpretation

1.—(1) This Order may be cited as the New Deal (Lone Parents) (Miscellaneous Provisions) Order (Northern Ireland) 2001 and shall come into operation on 14th January 2002.

(2) In this Order—

“the New Deal for Lone Parents” means the arrangements known by that name and made under section 1 of the 1950 Act for which only persons who are lone parents are eligible and which are designed to help participants to obtain work or to improve their prospects of obtaining work;

“lone parent” means a person who has no partner and who is responsible for, and a member of the same household as, a child or young person;

“the self-employment route” means receiving assistance in pursuing self-employed earner’s employment whilst participating in the New Deal for Lone Parents.

Treatment of payments for the purposes of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, the Jobseekers (Northern Ireland) Order 1995 and specified subordinate legislation

2.—(1) The provisions of this Article apply for the purposes of—

(a)Part 1 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(5);

(b)the Jobseekers (Northern Ireland) Order 1995(6); and

(c)the subordinate legislation specified in the Schedule to this Order.

(2) If during any period or periods commencing with or falling after the date on which this Order comes into operation a person is participating in the New Deal for Lone Parents within the self-employment route and that person receives, or is eligible to receive, either a top-up payment or other payment made to him in order to assist with the expenses of participation, any such payments made to such a person during that period or those periods in connection with his use of those facilities shall be treated—

(a)for the purposes of regulation 6(1)(d) of the Income Support (General) Regulations (Northern ireland) 1987(7) as a training allowance;

(b)for all other purposes, as a training premium.

Sealed with the Official Seal of the Department for Employment and Learning on 6th December 2001.

L.S.

R. B. Gamble

A Senior Officer of the

Department for Employment and Learning

Article 2

SCHEDULEList of Subordinate Legislation

Explanatory Note

(This note is not part of the Order.)

This Order provides that, for the purposes of Part I of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and the Jobseekers (Northern Ireland) Order 1995 and of the subordinate legislation specified in the Schedule to the Order, a person using facilities provided in pursuance of the employment programme known as “the New Deal for Lone Parents self-employment route” and receiving or entitled to receive in connection with the use of those facilities a top-up payment or assistance with the expenses of participation or both shall be treated as being in receipt of a training allowance for the purposes of the remunerative work rule in income support and as in receipt of a training premium for all other purposes.

The effect of the Order is that receipt of the top-up payment and expenses by a person using those facilities does not affect his entitlement to income support or the amount of income support he is entitled to.

This Order does not impose any charge on business.

(1)

Formerly known as the Department of Higher and Further Education, Training and Employment; renamed the Department for Employment and Learning by the Department for Employment and Learning Act (Northern Ireland) 2001 c. 15

(2)

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)) and Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8))

(4)

Article 4(b) and Schedule 2 Part II of the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481) transferred functions under the Employment and Training Act (Northern Ireland) 1950 to the Department of Higher and Further Education, Training and Employment, now renamed the Department foe Employment and Learning

(7)

S.R. 1987 No. 459; relevant amending Regulations are S.R. 1988 No. 318 and S.R. 1999 No. 381