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4.—(1) In the Council Tax Benefit Regulations–
(a)in paragraph 11 of Schedule 1(1) (higher pensioner premium)–
(i)in both sub-paragraphs (1)(b)(ii) and (2)(b)(ii), for the words “council tax benefit and the disability premium was” there shall be substituted the words “, or was treated as being in receipt of, council tax benefit and the disability premium was or, as the case may be, would have been,”;
(ii)in sub-paragraph (3), in both paragraphs (a) and (b), after the words “ to be entitled to” there shall be inserted the words “or treated as entitled to”;
(iii)after sub-paragraph (5) there shall be added the following sub-paragraph–
“(6) For the purposes of this paragraph, a claimant shall be treated as having been entitled to and in receipt of council tax benefit throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to that benefit because, as a consequence of his participation in that programme, he failed to satisfy the condition in section 131(5) of the Contributions and Benefits Act 1992.”;
(b)in paragraph 2(e) of Schedule 5A(2) (extended payments), after head (ii) there shall be added the following head–
“(iii)the claimant shall be treated as having been entitled to and in receipt of income support or a jobseeker’s allowance during any period of less than five weeks in respect of which he was not entitled to either of those benefits because, as a consequence of his participation in an employment zone programme, he was engaged in remunerative work.”.
(2) In the Housing Benefit Regulations–
(a)in paragraph 10 of Schedule 2(3) (higher pensioner premium)–
(i)in both sub-paragraphs (1)(b)(ii) and (2)(b)(ii), for the words “housing benefit and the disability premium was” there shall be substituted the words “, or was treated as being in receipt of, housing benefit and the disability premium was or, as the case may be, would have been,”;
(ii)in sub-paragraph (3), in both paragraphs (a) and (b), after the words “ to be entitled to ” there shall be inserted the words “or treated as entitled to”;
(iii)after sub-paragraph (5) there shall be added the following sub-paragraph–
“(6) For the purposes of this paragraph, a claimant shall be treated as having been entitled to and in receipt of housing benefit throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to that benefit because, as a consequence of his participation in that programme, he failed to satisfy the condition in section 130(1)(c) of the Contributions and Benefits Act.”;
(b)in paragraph 2(e) of Schedule 5A(4) (extended payments), after head (ii) there shall be added the following head–
“(iii)the claimant shall be treated as having been entitled to and in receipt of income support or a jobseeker’s allowance during any period of less than five weeks in respect of which he was not entitled to either of those benefits because, as a consequence of his participation in an employment zone programme, he was engaged in remunerative work.”.
(3) In the Income Support Regulations–
(a)at the end of paragraph 3 of Schedule 2(5) (applicable amounts: family premium) there shall be added the following sub-paragraph–
“(7) For the purposes of this paragraph, a claimant shall be treated as having been entitled to income support throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to income support because, as a consequence of his participation in that programme, he was engaged in remunerative work or had income in excess of his applicable amount as prescribed in Part IV.”;
(b)in paragraph 10 of Schedule 2(6) (higher pensioner premium)–
(i)in both sub-paragraphs (1)(b)(ii) and (2)(b)(ii), for the words “income support and the disability premium was” there shall be substituted the words “, or was treated as being in receipt of, income support and the disability premium was or, as the case may be, would have been,”;
(ii)in sub-paragraph (3), in both paragraphs (a) and (b), after the words “ to be entitled to” there shall be inserted the words “or treated as entitled to”;
(iii)after sub-paragraph (4) there shall be added the following sub-paragraph–
“(5) For the purposes of this paragraph, a claimant shall be treated as having been entitled to and in receipt of income support throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to income support because, as a consequence of his participation in that programme, he was engaged in remunerative work or had income in excess of his applicable amount as prescribed in Part IV.”;
(c)in paragraph 14(3ZA) of Schedule 3(7) (housing costs: linking rules) in head (a), after “1996” there shall be inserted the words “ or in an employment zone scheme”.
(4) In the Jobseeker’s Allowance Regulations–
(a)after regulation 48(2)(f)(8) (linking periods) there shall be added the following sub-paragraph–
“(g)any period throughout which the claimant was participating in an employment zone programme and was not entitled to a jobseeker’s allowance because, as a consequence of his participation in that programme, he was engaged in remunerative work or failed to satisfy the condition specified in section 2(1)(c) or in section 3(1)(a).”;
(b)at the end of paragraph 4 of Schedule 1(9) (applicable amounts: family premium) there shall be added the following sub-paragraph–
“(7) For the purposes of this paragraph, a claimant shall be treated as having been entitled to an income-based jobseeker’s allowance throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to a jobseeker’s allowance because, as a consequence of his participation in that programme, he was engaged in remunerative work or failed to satisfy the condition specified in section 2(1)(c) or in section 3(1)(a).”;
(c)in paragraph 12 of Schedule 1(10) (higher pensioner premium)–
(i)in sub-paragraph (1)(a)(ii), for the words “and the disability premium was” there shall be substituted the words “, or was treated as being entitled to either of those benefits and the disability premium was or, as the case may be, would have been,”;
(ii)in sub-paragraph (2), in both paragraphs (a) and (b), after the words “income-based jobseeker’s allowance” there shall be inserted the words “or ceases to be treated as entitled to either of those benefits”;
(iii)after sub-paragraph (3) there shall be added the following sub-paragraph–
“(4) For the purposes of this paragraph, a claimant shall be treated as having been entitled to income support or to an income-based jobseeker’s allowance throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to–
(a)income support because, as a consequence of his participation in that programme, he was engaged in remunerative work or had income in excess of the claimant’s applicable amount as prescribed in Part IV of the Income Support Regulations; or
(b)a jobseeker’s allowance because, as a consequence of his participation in that programme, he was engaged in remunerative work or failed to satisfy the condition specified in section 2(1)(c) or in section 3(1)(a).”;
(d)in paragraph 13(3A) of Schedule 2(11) (housing costs: linking rules), in head (a), after the words “regulation 75(1)(a)(ii)”there shall be inserted the words “or in an employment zone programme”.
Paragraph 11(5) was inserted by S.I. 1998/2231.
Paragraph 10(5) was inserted by S.I. 1998/2231.
Paragraph 3 was substituted by S.I. 1998/766.
Paragraph 10(4) was inserted by S.I. 1998/2231.
Regulation 48(2)(f) was inserted by S.I. 1997/2863.
Paragraph 4 was substituted by S.I. 1998/766.
Paragraph 12(3) was inserted by S.I. 1998/2231.
Paragraph 13(3A) was inserted by S.I. 1997/2863.
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