Search Legislation

The Industrial Injuries Benefit (Employment Training Schemes and Courses) Regulations (Northern Ireland) 2016

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Rules of Northern Ireland

2016 No. 238

Social Security

The Industrial Injuries Benefit (Employment Training Schemes and Courses) Regulations (Northern Ireland) 2016

Made

6th June 2016

Laid before Parliament

13th June 2016

Coming into operation in accordance with regulation 1(1) and (2)

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 95A, 121(1) and 171(1) and (3) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) and Article 72(3) of the Welfare Reform (Northern Ireland) Order 2015(2).

Those powers are exercisable by the Secretary of State by virtue of Article 4(1) of the Welfare Reform (Northern Ireland) Order 2015.

Citation, commencement and interpretation

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(3).

(3) In these Regulations—

“the 2007 Act” means the Welfare Reform Act (Northern Ireland) 2007(4);

“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(5); and

“the Jobseekers Order” means the Jobseekers (Northern Ireland) Order 1995(6).

(4) The Interpretation Act (Northern Ireland) 1954(7) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Employment training scheme and employment training course

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(8) (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(9) (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(10); or

(ii)a work preparation requirement within the meaning of Article 8C of the Jobseekers Order(11), section 11C of the 2007 Act(12) or Article 21 of the 2015 Order.

Employer

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.

Payment of industrial injuries benefit where payments were previously payable under Article 33(1) of the Industrial Training Order

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(13) (other payments for accidents in training) that person is entitled to equivalent payments of industrial injuries benefit.

Outstanding claims

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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in relation to the extension of eligibility for industrial injuries benefits to people participating in certain employment training schemes and employment training courses.

Article 72 of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1)) (“the 2015 Order”) inserts section 95A of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) (“the Contributions and Benefits Act”). Section 95A(1) provides that references to “employed earner’s employment” in the industrial injuries and diseases provisions (defined in section 95(4) of the Contributions and Benefits Act) include participation in employment training schemes and courses of a description prescribed in regulations. Regulation 2 of these Regulations prescribes these employment training schemes and courses.

Section 95A(2) of the Contributions and Benefits Act provides that references to an “employer” in relation to participation in such schemes and courses, are references to persons prescribed in regulations. Regulation 3 provides that any person providing employment training schemes or courses prescribed by regulation 2 is to be regarded as such an employer.

Article 72 of the 2015 Order also specifies that regulations may provide for the payment of industrial injuries benefit to persons to whom payments were previously payable under Article 33(1) of the Industrial Training (Northern Ireland) Order 1984 and for claims for such payments to be treated as claims for industrial injuries benefit. Regulation 4 therefore provides for the payment of industrial injuries benefit to such persons and regulation 5 provides for claims made for such payments but not determined before the coming into operation of Article 72 of the 2015 Order to be treated as claims for industrial injuries benefit.

An impact assessment has not been published for this Rule as no impact on the private or voluntary sector is foreseen.

(1)

1992 c. 7; section 95A is inserted by Article 72(1) of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1)), section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21) and section121(1) is cited for the meaning of “prescribe”

(8)

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)

(9)

Article 19A was inserted by section 1(2) of the Welfare Reform Act (Northern Ireland) 2010 (c. 13 (N.I.))

(10)

Section 13 was amended by section 3(4) of the Welfare Reform Act (Northern Ireland) 2010 and is amended by Article 61 of the Welfare Reform (Northern Ireland) Order 2015

(11)

Article 8C is inserted by Article 55(4) of the Welfare Reform (Northern Ireland) Order 2015

(12)

Section 11C is inserted by Article 63(2) of the Welfare Reform (Northern Ireland) Order 2015

(13)

Article 33(1) was amended by Part I of Schedule 2 to the Industrial Training (Northern Ireland) Order 1990, paragraph 30(2) of Schedule 2 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9) and is amended by Article 72(2) of the Welfare Reform (Northern Ireland) Order 2015

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources