1.—(1) These Regulations may be cited as the Industrial Injuries Benefit (Employment Training Schemes and Courses) Regulations (Northern Ireland) 2016 and, subject to paragraph (2), come into operation on 31st October 2016.
(2) Regulation 2(c)(ii) comes into operation immediately after the coming into operation of the Universal Credit Regulations (Northern Ireland) 2016(1).
(3) In these Regulations—
“the 2007 Act” means the Welfare Reform Act (Northern Ireland) 2007(2);
“the 2015 Order” means the Welfare Reform (Northern Ireland) Order 2015;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992”;
“the Industrial Training Order” means the Industrial Training (Northern Ireland) Order 1984(3); and
“the Jobseekers Order” means the Jobseekers (Northern Ireland) Order 1995(4).
(4) The Interpretation Act (Northern Ireland) 1954(5) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
2. The following descriptions of employment training scheme and employment training course are prescribed for the purposes of section 95A(1) of the Contributions and Benefits Act (employment training schemes etc)—
(a)an employment training scheme or employment training course provided pursuant to arrangements under section 1 of the Employment and Training Act (Northern Ireland) 1950(6) (general functions as to employment and training for employment);
(b)an employment training scheme or employment training course which constitutes, or participation in which forms part of, a scheme of a description prescribed under Article 19A of the Jobseekers Order(7) (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc.);
(c)an employment training scheme or employment training course in which a person participates pursuant to—
(i)a requirement to undertake work-related activity imposed under regulations under section 13 of the 2007 Act(8); or
(ii)a work preparation requirement within the meaning of Article 8C of the Jobseekers Order(9), section 11C of the 2007 Act(10) or Article 21 of the 2015 Order.
3. The persons prescribed for the purpose of section 95A(2) of the Contributions and Benefits Act are any persons providing an employment training scheme or employment training course of a description prescribed under regulation 2.
4. Where, before Article 72 of the 2015 Order (trainees) came into operation for all purposes, payments were payable to a person in consequence of an injury or disease under Article 33(1) of the Industrial Training Order(11) (other payments for accidents in training) that person is entitled to equivalent payments of industrial injuries benefit.
5. Any claim for payments in consequence of an injury or disease under Article 33(1) of the Industrial Training Order, which was made but not determined before Article 72 of the 2015 Order came into operation for all purposes, is to be treated as a claim for industrial injuries benefit.
Signed by authority of the Secretary of State for Work and Pensions
Priti Patel
Minister of State,
Department for Work and Pensions
6th June 2016