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The Social Security Amendment (New Deal) Regulations 2001

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security Amendment (New Deal) Regulations 2001 and shall, subject to paragraph (2) below, come into force on 9th April 2001.

(2) Regulations 11(b)(iii) and 14(b)(iv) below shall respectively come into force immediately after regulations 12(b)(iii) and 6(c) of the Social Security (Miscellaneous Amendments) Regulations 2001(1).

(3) In these Regulations—

“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992(2);

“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987(3);

“the Income Support Regulations” means the Income Support (General) Regulations 1987(4);

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996(5).

Interpretation

2.  In regulation 1(3) of the Jobseeker’s Allowance Regulations—

(a)after the definition of “the Independent Living Funds” there shall be inserted the following definition—

“Intensive Activity Period for 50 plus” means the programme known by that name and provided in pursuance of arrangements made by or on behalf of the Secretary of State under section 2 of the Employment and Training Act 1973, being a programme lasting for up to 52 weeks for any one individual aged 50 years or over on the day that he first joined any such programme, and consisting for that individual of any one or more of the following elements, namely employed earner’s employment, assistance in pursuing self-employed earner’s employment, education and training, work experience, assistance with job search, motivation and skills training;;

(b)in the definition of “self-employment route”(6), at the end of paragraph (b)(ii), there shall be added the word “or”, and then there shall be inserted the following—

(iii)the Intensive Activity Period specified in regulation 75(1)(a)(iv); or

(iv)the Intensive Activity Period for 50 plus.

Linking periods

3.  In regulation 48(2) of the Jobseeker’s Allowance Regulations, for sub-paragraph (f)(ii)(7), there shall be substituted the following—

(ii)in the Voluntary Sector Option of the New Deal specified in regulation 75(1)(a)(ii)(bb), in the Environment Task Force Option of the New Deal specified in regulation 75(1)(a)(ii)(cc), in the Intensive Activity Period specified in regulation 75(1)(a)(iv) or in the Intensive Activity Period for 50 plus and was not entitled to a jobseeker’s allowance because, as a consequence of his participation, the claimant was engaged in remunerative work or failed to satisfy the condition specified either in section 2(1)(c) or in section 3(1)(a)..

Prescribed period for the purposes of sections 19(2) and 20A(3) of the Jobseekers Act 1995

4.  In regulation 69 of the Jobseeker’s Allowance Regulations(8)—

(a)in paragraph (1)(a), for the words “sub-paragraph (b) or (c)” there shall be substituted the words “sub-paragraph (b), (c) or (d)”;

(b)in paragraph (1)(b)(ii)(aa), after the words “New Deal options” there shall be inserted the words “or the Intensive Activity Period specified in regulation 75(1)(a)(iv)”;

(c)in paragraph (1)(b)(ii)(bb) for the word “and” at the end of the paragraph there shall be substituted the word “or”;

(d)after paragraph (1)(b)(ii)(bb) there shall be added the following sub-head—

(cc)where the determination in (i) above relates to the Intensive Activity Period specified in regulation 75(1)(a)(iv), on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5) or section 20A(2)(a) to (c) that relate to any Intensive Activity Period specified in regulation 75(1)(a)(iv), and;

(e)after paragraph (1)(c) there shall be added the following sub-paragraph—

(d)26 weeks in any case (other than a case where a jobseeker’s allowance is determined not to be payable in circumstances relating to the employment programme known as “Gateway to Work” specified in regulation 75(1)(a)(i)(bb)) in which—

(i)a jobseeker’s allowance is determined not to be payable to the claimant in circumstances falling within section 19(5) or section 20A(2)(a) to (c) and the determination relates to an act or omission arising after this regulation comes into force in respect of the Intensive Activity Period specified in regulation 75(1)(a)(iv); and

(ii)on two or more previous occasions a jobseeker’s allowance has been determined not to be payable to the claimant in circumstances falling within section 19(5) or section 20A(2)(a) to (c) and each such determination relates to any Intensive Activity Period specified in regulation 75(1)(a)(iv); and

(iii)no more than 12 months have elapsed between the beginning of the day on which the determination mentioned in (d)(i) above is made and the beginning of the first day on which a jobseeker’s allowance was not payable to the claimant as a result of the determination which most recently preceded it whether the preceding determination is either—

(aa)a determination falling within sub-paragraph (b)(i) to which the circumstances in paragraph (b)(ii)(cc) apply; or

(bb)itself an earlier determination falling within sub-paragraph (d)(i).;

(f)in paragraph (3)—

(i)after “(1)(c)” there shall be inserted the words “or (d)”;

(ii)in sub-paragraph (c), after the words “New Deal options” there shall be inserted the words “or the Intensive Activity Period specified in regulation 75(1)(a)(iv)”;

(g)in paragraph (4)(a)(i)—

(i)after the words “Secretary of State” there shall be added the word “either”;

(ii)after the words “New Deal options” there shall be added the words “or the day on which the claimant is or was no longer required to participate in the Intensive Activity Period specified in regulation 75(1)(a)(iv)”.

Good cause for the purposes of sections 19(5)(b) and 20A(2)(b)

5.  In regulation 73 of the Jobseeker’s Allowance Regulations, in paragraph (2A)(a)(9), after the words “regulation 75(1)(a)(ii)” there shall be added the words “or (iv)”.

Interpretation of sections 19 and 20A of the Jobseekers Act 1995 and Part V of the Jobseeker’s Allowance Regulations

6.  In regulation 75 of the Jobseeker’s Allowance Regulations, after paragraph (1)(a)(iii)(10) there shall be inserted the following—

and

(iv)the Intensive Activity Period, that is to say, the programme known by that name and provided in pursuance of arrangements made by or on behalf of the Secretary of State under section 2 of the Employment and Training Act 1973, being a programme lasting for up to 52 weeks for any one individual aged 25 years or over and less than 50 years on the first required entry date to any such programme, and consisting for that individual of any one or more of the following elements, namely employed earner’s employment, assistance in pursuing self-employed earner’s employment, education and training, work experience, assistance with job search, motivation and skills training..

(b)In paragraph (4), after the words “within paragraphs (1)(a)(ii)”, there shall be inserted the words “or (iv) or the Intensive Activity period for 50 plus”.

Notional income

7.  In regulation 105 of the Jobseeker’s Allowance Regulations—

(a)in paragraph (10A)(11), after sub-paragraph (c)(ii) there shall be inserted the following—

(iia)in the Intensive Activity Period for 50 plus or in the Intensive Activity Period specified in regulation 75(1)(a)(iv); or;

(b)in paragraph (13A)(12), at the end of sub-paragraph (b)(i) there shall be added the words “, other than where the service is performed in connection with the claimant’s participation in the Intensive Activity Period for 50 plus or in the Intensive Activity Period specified in regulation 75(1)(a)(iv)”.

Notional capital

8.  In regulation 113(3A) of the Jobseeker’s Allowance Regulations(13), after sub-paragraph (b)(ii) there shall be inserted the following—

(iia)in the Intensive Activity Period for 50 plus or in the Intensive Activity Period specified in regulation 75(1)(a)(iv); or.

Meaning of “person in hardship” and “couple in hardship”

9.—(1) In regulation 140(4A) of the Jobseeker’s Allowance Regulations(14), for the words from “an employment programme” to the end of that paragraph there shall be substituted the words “one of the New Deal options or to the Intensive Activity Period specified in regulation 75(1)(a) (iv)”.

(2) At the end of regulation 146A(5) of the Jobseeker’s Allowance Regulations(15), there shall be added the words “or to the Intensive Activity Period specified in regulation 75(1)(a)(iv)”.

Period when a person is not a person in hardship or a couple is not a couple in hardship

10.—(1) At the end of both regulations 140A(1)(a) and 146B(1)(a) of the Jobseeker’s Allowance Regulations(16), there shall be added the words “or in the Intensive Activity Period specified in regulation 75(1)(a)(iv)”.

(2) At the end of both regulations 140A(4) and 146B(4) of the Jobseeker’s Allowance Regulations(17) there shall be added the words “or to the Intensive Activity Period specified in regulation 75(1)(a)(iv)”.

Housing costs

11.  In Schedule 2 to the Jobseeker’s Allowance Regulations—

(a)in paragraph 4(4A)(18), at the end of paragraph (a), there shall be added the words “, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) or in the Intensive Activity Period for 50 plus”;

(b)in paragraph 13—

(i)in sub-paragraph (1)(ee)(i)(19), after the words “regulation 75(1)(a)(ii)” there shall be inserted the words “, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) or in the Intensive Activity Period for 50 plus”;

(ii)in sub-paragraph (3A)(20)—

(aa)in paragraph (a), after the words “regulation 75(1)(a)(ii)” there shall be inserted the words “in the Intensive Activity Period specified in regulation 75(1)(a)(iv) or in the Intensive Activity Period for 50 plus”;

(bb)at the end, there shall be added the words “or activity”;

(iii)after sub-paragraph (14)(c)(iii)(21) there shall be added the following—

or

(iv)the Intensive Activity Period specified in regulation 75(1)(a)(iv) or the Intensive Activity Period for 50 plus,.

Income to be disregarded

12.  In Schedule 7 to the Jobseeker’s Allowance Regulations—

(a) in paragraph 14, for sub-paragraph (d)(22) there shall be substituted the following—

(d) any child care expenses reimbursed to the claimant in respect of his participation in a New Deal option, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) or in the Intensive Activity Period for 50 plus;

(b) for paragraph 60(23), there shall be substituted the following—

60.  Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in—

(a)the self-employment route;

(b)an employment-programme specified in—

(i)regulation 75(1)(a)(ii)(bb) (Voluntary Sector Option of the New Deal); or

(ii)regulation 75(1)(a)(ii)(cc) (Environment Task Force Option of the New Deal); or

(c)in the Intensive Activity Period specified in regulation 75(1)(a)(iv) or in the Intensive Activity Period for 50 plus.

Capital to be disregarded

13.  For paragraph 45 of Schedule 8 to the Jobseeker’s Allowance Regulations(24), there shall be substituted the following—

45.  Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in—

(a)the self-employment route;

(b)an employment-programme specified in—

(i)regulation 75(1)(a)(ii)(bb) (Voluntary Sector Option of the New Deal); or

(ii)regulation 75(1)(a)(ii)(cc) (Environment Task Force Option of the New Deal); or

(c)the Intensive Activity Period specified in regulation 75(1)(a)(iv) or in the Intensive Activity Period for 50 plus,

  • but only for the period of 52 weeks from the date of receipt of the payment..

Amendment of Schedule 3 to the Income Support Regulations

14.  In Schedule 3 to the Income Support Regulations(25) (housing costs)—

(a)in paragraph 4(4A), at the end of paragraph (a), there shall be added the words “, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus”;

(b)in paragraph 14—

(i)in sub-paragraph (1)(ee)(i), after the words “Jobseeker’s Allowance Regulations 1996” there shall be inserted the words “, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus”;

(ii)in sub-paragraph (3ZA)—

(aa)in paragraph (a), after the words “Jobseeker’s Allowance Regulations 1996” there shall be inserted the words “, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations, in the Intensive Activity Period for 50 plus”;

(bb)at the end, there shall be added the words “or activity”;

(iii)in sub-paragraph (3B), after the words “Jobseeker’s Allowance Regulations 1996” there shall be inserted the words “, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus”;

(iv)after sub-paragraph (12)(c)(iii)(26) there shall be added the following—

or

(iv)the Intensive Activity Period specified in regulation 75(1)(a)(iv) of the Jobseeker’s Allowance Regulations 1996 or the Intensive Activity Period for 50 plus,.

Common amendments

15.—(1) In both regulation 2(1) of the Council Tax Benefit Regulations and regulation 2(1) of the Housing Benefit Regulations (interpretation) there shall be inserted in the appropriate place the following definition—

“the New Deal options” means the employment programmes specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996 and the training scheme specified in regulation 75(1)(b)(ii) of those Regulations;.

(2) In each of the regulations specified in paragraph (3) below—

(a)there shall be inserted in the appropriate place the following definition—

“Intensive Activity Period for 50 plus” means the programme known by that name and provided in pursuance of arrangements made by or on behalf of the Secretary of State under section 2 of the Employment and Training Act 1973, being a programme lasting for up to 52 weeks for any one individual aged 50 years or over on the day that he or she first joined any such programme, and consisting for that individual of any one or more of the following elements, namely employed earner’s employment, assistance in pursuing self-employed earner’s employment, education and training, work experience, assistance with job search, motivation and skills training;.

(b)in the definition of “self-employment route”(27), at the end of paragraph (b)(ii), there shall be added the word “or”, and then there shall be inserted the following—

(iii)the Intensive Activity Period specified in regulation 75(1)(a)(iv); or

(iv)the Intensive Activity Period for 50 plus.

(3) The regulations specified in this paragraph (interpretation) are—

(a)regulation 2(1) of the Council Tax Benefit Regulations;

(b)regulation 2(1) of the Housing Benefit Regulations;

(c)regulation 2(1) of the Income Support Regulations.

(4) In each of the regulations specified in paragraph (5) of this regulation, after sub-paragraph (c)(ii) there shall be inserted the following—

(iia)in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus; or.

(5) The regulations specified in this paragraph (which relate to notional income) are—

(a)regulation 26(3A) of the Council Tax Benefit Regulations(28);

(b)regulation 35(3A) of the Housing Benefit Regulations(29);

(c)regulation 42(4ZA) of the Income Support Regulations(30).

(6) In each of the regulations specified in paragraph (7) of this regulation, at the end of sub-paragraph (b)(i) there shall be added the words “, other than where the service is performed in connection with the claimant’s participation in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus”.

(7) The regulations specified in this paragraph (which relate to notional earnings) are—

(a)regulation 26(5A) of the Council Tax Benefit Regulations(31);

(b)regulation 35(5A) of the Housing Benefit Regulations(32);

(c)regulation 42(6A) of the Income Support Regulations(33).

(8) In each of the regulations specified in paragraph (9) of this regulation, after sub-paragraph (b)(ii) there shall be inserted the following—

(iia)in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus; or.

(9) The regulations specified in this paragraph (which relate to notional capital) are—

(a)regulation 34(3A) of the Council Tax Benefit Regulations(34);

(b)regulation 43(3A) of the Housing Benefit Regulations(35);

(c)regulation 51(3A) of the Income Support Regulations(36).

(10) In each specified paragraph of the Schedules specified in paragraph (11) of this regulation, for sub-paragraph (d)(37) there shall be substituted the following—

(d)any child care expenses reimbursed to the claimant in respect of his participation in a New Deal option, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of the Jobseeker’s Allowance Regulations 1996 or in the Intensive Activity Period for 50 plus;

(11) The paragraph numbers and Schedules specified in this paragraph (which relate to sums to be disregarded in the calculation of income other than earnings) are—

(a)paragraph 11 of Schedule 4 to the Council Tax Benefit Regulations;

(b)paragraph 11 of Schedule 4 to the Housing Benefit Regulations;

(c)paragraph 13 of Schedule 9 to the Income Support Regulations.

(12) For each specified paragraph of the Schedules specified in paragraph (13) of this regulation, there shall be substituted the following paragraph—

  • Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in—

    (a)

    the self-employment route;

    (b)

    an employment programme specified in—

    (i)

    regulation 75(1)(a)(ii)(bb) of those Regulations (Voluntary Sector Option of the New Deal);

    (ii)

    regulation 75(1)(a)(ii)(cc) of those Regulations (Environment Task Force Option of the New Deal) or;

    (c)

    the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus..

(13) The paragraph numbers and Schedules specified in this paragraph (which relate to sums to be disregarded in the calculation of income other than earnings)(38) are—

(a)paragraph 64 of Schedule 4 to the Council Tax Benefit Regulations;

(b)paragraph 64 of Schedule 4 to the Housing Benefit Regulations;

(c)paragraph 62 of Schedule 9 to the Income Support Regulations.

(14) For each specified paragraph of the Schedules specified in paragraph (15) of this regulation, there shall be substituted the following paragraph—

  • Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in—

    (a)

    the self-employment route;

    (b)

    an employment programme specified in—

    (i)

    regulation 75(1)(a)(ii)(bb) of those Regulations (Voluntary Sector Option of the New Deal);

    (ii)

    regulation 75(1)(a)(ii)(cc) of those Regulations (Environment Task Force Option of the New Deal) or;

    (c)

    the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus,

    • but only for the period of 52 weeks from the date of receipt of the payment..

(15) The paragraph numbers and Schedules specified in this paragraph (which relate to capital to be disregarded)(39) are—

(a)paragraph 53 of Schedule 5 to the Council Tax Benefit Regulations;

(b)paragraph 53 of Schedule 5 to the Housing Benefit Regulations;

(c)paragraph 50 of Schedule 10 to the Income Support Regulations.

Signed in relation to regulations 2(a) and 4 to 6 by authority of the Secretary of State for Education and Employment

Tessa Jowell

Minister of State,

Department for Education and Employment

13th March 2001

Signed in relation to the remainder of these Regulations by authority of the Secretary of State for Social Security

Angela Eagle

Parliamentary Under Secretary of State,

Department of Social Security

15th March 2001

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