Statutory Instruments

1996 No. 1623

SOCIAL SECURITY

The Project Work (Miscellaneous Provisions) Order 1996

Made

24th June 1996

Laid before Parliament

25th June 1996

Coming into force

17th July 1996

Whereas arrangements have been made by the Secretary of State under section 2 of the Employment and Training Act 1973(1) (“the 1973 Act”) to set up a programme to be known as Project Work:

And whereas it appears to the Secretary of State that Project Work makes provision for persons using facilities provided in pursuance of those arrangements to receive payments in connection with their use of those facilities:

Now, therefore, the Secretary of State, in exercise of the powers conferred on her by section 26(1)(a), (c) and (d) and (2) of the Employment Act 1988(2) and of all other powers enabling her in that behalf, hereby makes the following Order:—

Citation and commencement

1.  This Order may be cited as the Project Work (Miscellaneous Provisions) Order 1996 and shall come into force on 17th July 1996.

Interpretation

2.  In this Order, unless the context otherwise requires—

“Project Work” means the programme of combined work experience and supervised jobsearch provided in pursuance of arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 and known as Project Work;

“training allowance” means a payment made, directly or indirectly, by the Secretary of State to a Project Work Participant in connection with his participation in Project Work;

and a person is, or, as the case may be, was at any material time, a “Project Work Participant” if he is, or, as the case may be, was at that time, using facilities provided for him in pursuance of arrangements made for Project Work.

Treatment of persons and payments for purposes of the Social Security Contributions and Benefits Act 1992 and the subordinate legislation specified in the Schedule

3.—(1) For the purposes of—

(a)Part I of the Social Security Contributions and Benefits Act 1992(3),

(b)the Jobseekers Act 1995(4) and

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

if, for any period or periods commencing with or falling after the date on which this Order comes into force during which a person is a Project Work Participant, that person receives, or is eligible to receive, a training allowance he is to be treated as not being employed but as participating in arrangements for training under section 2 of the 1973 Act; and accordingly any payment made to such a person during that period or those periods in connection with his use of facilities shall be treated in the same manner as a payment of training allowance made in respect of such training.

Eric Forth

Minister of State,

Department for Education and Employment

24th June 1996

Article 3

SCHEDULEList of subordinate legislation

  • The Social Security (Credits) Regulations 1975(5)

  • The Social Security (Overlapping Benefits) Regulations 1979(6)

  • The Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983(7)

  • The Income Support (General) Regulations 1987(8)

  • The Social Security (Claims and Payments) Regulations 1987(9)

  • The Income Support (Transitional) Regulations 1987(10)

  • The Housing Benefit (General) Regulations 1987(11)

  • The Family Credit (General) Regulations 1987(12)

  • The European Communities (Iron and Steel Employees Re-adaptation Benefits Scheme) (No. 2) Regulations 1988(13)

  • The Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1989(14)

  • The Students’ Allowances (Scotland) Regulations 1991(15)

  • The Income Support (General) Amendment No. 4 Regulations 1991(16)

  • The Income Support (General) Amendment No. 6 Regulations 1991(17)

  • The Disability Working Allowance (General) Regulations 1991(18)

  • The Child Support (Maintenance Assessment Procedure) Regulations 1992(19)

  • The Council Tax Benefit (General) Regulations 1992(20)

  • The Child Support (Maintenance Assessment and Special Cases) Regulations 1992(21)

  • The Housing Renovation etc. Grants (Reductions of Grant) Regulations 1994(22)

  • The Education Authority Bursaries (Scotland) Regulations 1995(23)

  • The Education (Mandatory Awards) Regulations 1995(24)

  • The Jobseeker’s Allowance Regulations 1996(25)

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 Act 1992 (c. 4) and the Jobseekers Act 1995 (c. 18) and of the subordinate legislation specified in the Schedule to the Order, a person using facilities provided under the Project Work programme shall be treated as participating in arrangements for training under section 2 of the Employment and Training Act 1973 (c. 50). Any payment made to such a person in connection with his use of those facilities shall be treated as a payment of training allowance made in respect of such training.

(1)

1973 c. 50; section 2 was substituted by section 25(1) of the Employment Act 1988 (c. 19).

(5)

S.I. 1975/556; relevant amending instruments are S.I. 1978/409, 1987/414, 1988/1230, 1439 and 1545, 1989/1627 and 1991/387.

(6)

S.I. 1979/597; relevant amending instruments are S.I. 1982/1173, 1988/1446 and 1991/387.

(7)

S.I. 1983/1598; relevant amending instruments are S.I. 1989/872 and 1324 and 1991/387.

(8)

S.I. 1987/1967; relevant amending instruments are S.I. 1988/663 and 1445, 1989/1678, 1991/387, 1992/468 and 2115, 1993/2119, 1994/2139 and 1995/482 and 1613.

(9)

S.I. 1987/1968; relevant amending instruments are S.I. 1990/2208 and 1991/387.

(10)

S.I. 1987/1969; relevant amending instruments are S.I. 1989/1626 and 1991/387.

(11)

S.I. 1987/1971; relevant amending instruments are S.I. 1988/909 and 1971, 1990/546, 1991/387, 1992/432 and 1995/2303.

(12)

S.I. 1987/1973; relevant amending instruments are S.I. 1988/1970, 1991/387, 1992/573, 1993/2119 and 2139, 1994/2189 and 1995/2303.

(13)

S.I. 1988/538; the relevant amending instrument is S.I. 1991/387.

(14)

S.I. 1989/76; the relevant amending instrument is S.I. 1991/387.

(18)

S.I. 1991/2887: relevant amending instruments are S.I. 1992/2155, 1993/2119, 1994/2139 and 1995/2303.

(19)

S.I. 1992/1813; relevant amending instruments are S.I. 1993/913 and 1995/1045.

(20)

S.I. 1992/1814; relevant amending instruments are S.I. 1993/688 and 2118 and 1994/578 and 2137.

(21)

S.I. 1992/1815; relevant amending instruments are S.I. 1993/913 and 1995/1045.

(22)

S.I. 1994/648; the relevant amending instrument is S.I. 1995/838.