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The Social Security (Basic Skills Training Pilot) Regulations 2004

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Statutory Instruments

2004 No. 867

SOCIAL SECURITY

The Social Security (Basic Skills Training Pilot) Regulations 2004

Made

23rd March 2004

Coming into force

5th April 2004

Whereas a draft of this instrument was laid before Parliament in accordance with section 37(2) of the Jobseekers Act 1995(1) and approved by resolution of each House of Parliament;

Whereas these Regulations are made with a view to ascertaining whether their provisions will, or will be likely to, encourage persons to obtain work or will, or will be likely to, facilitate the obtaining by persons of work(2);

Now, therefore, the Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 19(10)(c), 29(1) and (3), 35(1) and 36(2) and (4) of the Jobseekers Act 1995(3) and of all other powers enabling him in that behalf, after reference to the Social Security Advisory Committee(4), hereby makes the following Regulations:

Citation, commencement and duration

1.  (1)  These Regulations may be cited as the Social Security (Basic Skills Training Pilot) Regulations 2004 and shall come into force on 5th April 2004.

(2) These Regulations shall cease to have effect on 4th April 2005 unless revoked with effect from an earlier date.

Interpretation

2.  (1)  In these Regulations—

“appropriate office” means an office, by whatever name it is from time to time known, of the Department for Work and Pensions which is identified in the Schedule to these Regulations by reference to its region, pilot area and name as at the date these Regulations come into force;

“benefit” means a jobseeker’s allowance or any earnings credited to a person in accordance with regulation 8A of the Social Security (Credits) Regulations 1975(5);

“basic skills training” means a scheme provided in pursuance of arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973(6) for the attainment of appropriate literacy skills, language skills or numeracy skills (whether all or any of them) and which, in respect of any individual, is intended to last for a period not exceeding 12 months.

(2) For the purpose of calculating the period of not less than six months referred to in regulation 3(2)(c) of these Regulations, a period of interruption to the receipt of benefit not exceeding 28 days, or any periods of such interruption which added together do not exceed a total of 28 days, shall be disregarded.

(3) In respect of any period throughout which a member of a joint-claim couple is receiving a joint-claim jobseeker’s allowance, the other member of that couple shall, for the purposes of regulation 3(2)(c) of these Regulations, also be treated as receiving benefit throughout that period.

Application of basic skills training

3.  (1)  In relation to a person to whom paragraph (2) applies, “training scheme” in sections 19 and 20A of the Jobseekers Act 1995(7) (circumstances in which a jobseeker’s allowance is not payable and denial or reduction of joint-claim jobseeker’s allowance) means, in addition to the training schemes listed in regulation 75 of the Jobseeker’s Allowance Regulations 1996(8) (interpretation), basic skills training.

(2) This paragraph shall apply to any person—

(a)who, on or after 5th April 2004, but before 4th April 2005, attends an appropriate office pursuant to a notification given or sent under regulation 23 or 23A of the Jobseeker’s Allowance Regulations 1996(9) (attendance and attendance by members of a joint-claim couple); and

(b)who, on the day he so attends, is aged 18 years or over and less than 60; and

(c)who has been receiving benefit for a period of not less than six months; and

(d)in respect of whom the Secretary of State considers it appropriate that he should participate in basic skills training; and

(e)who has been given or sent a notice in writing by an employment officer advising him that if he fails to participate in such training, his jobseeker’s allowance could cease to be payable or could be payable at a lower rate.

Signed by authority of the Secretary of State for Work and Pensions.

Chris Pond

Parliamentary Under-Secretary of State,

Department for Work and Pensions

23rd March 2004

Regulation 2(1)

SCHEDULE

RegionPilot AreaName of Office of the Department for Work and Pensions
South WestDorset

Blandford

Boscombe

Bournemouth

Bridport

Christchurch

Dorchester

Poole

Shaftesbury

Wareham

Winton

North WestBolton & Bury

Bolton (Blackhorse Street)

Bolton (Elizabeth House)

Bolton (Great Moor Street)

Bury (Silver Street)

Farnworth

Horwich

Prestwich

Radcliffe

Westhoughton

Cheshire & Warrington

Chester (Chantry House)

Chester (Gateway)

Crewe (Market Street)

Crewe (Wellington House)

Congleton

Ellesmere Port

Macclesfield

Nantwich

Neston

Northwich (Hartford House)

Northwich (London Road)

Sandbach

Warrington

Warrington New Town

Wilmslow

Winsford

West MidlandsWolverhampton & Walsall

Aldridge

Bilston

Brownhills

Darlaston

Walsall (Bayard House)

Walsall (Bridle Court)

Walsall (Government Buildings)

Wednesfield

Willenhall

Wolverhampton (Chapel Court)

Wolverhampton (Crown House)

East of EnglandBedfordshire

Bedford

Biggleswade

Dunstable

Leighton Buzzard

Luton

LondonSouth London

Beckenham

Bromley

Colliers Wood

Croydon

Kingston

Mitcham

New Addington

Orpington

Purley

Sutton

Thornton Heath

Twickenham

Wimbledon

North EastDurham

Barnard Castle

Bishop Auckland

Chester-le-Street

Consett

Crook

Durham

Newton Aycliffe

Peterlee

Spennymoor

Stanley

Wingate

Yorkshire and HumbersideHull and East Riding

Beverley

Bransholme

Bridlington

Driffield

Goole

Hessle

Hull (Essex House)

Hull (Market Place)

Calderdale and Kirklees

Batley

Brighouse

Dewsbury (Crown Buildings)

Dewsbury (Empire House)

Halifax (Crossfield House)

Halifax (Horton Street)

Huddersfield (Castle House)

Huddersfield (Crown House)

Spen Valley

Todmorden

South EastBerkshire

Bracknell (Eagle House)

Bracknell (Fitzwilliam House)

Maidenhead

Newbury (Cromwell House)

Newbury (West House)

Reading (Adelphi House)

Reading (Princes House)

Slough (Prince’s House)

Slough (Upton Lodge)

Wokingham

Kent

Ashford (International House)

Ashford (Kent House)

Broadstairs

Canterbury (Northgate House)

Canterbury (Nutwood House)

Chatham (Brook House)

Chatham (Crown House)

Dartford (Crown Buildings)

Dartford (Lowfield Street)

Deal

Dover

Faversham

Folkestone

Gillingham

Gravesend (New Road)

Gravesend (The Grove)

Herne Bay

Maidstone (Gabriels Hill)

Maidstone (Medvale House)

Maidstone (Rocky Hill)

Margate

New Romney

Ramsgate

Rochester

Sevenoaks

Sheerness

Sittingbourne (Roman House)

Sittingbourne (St Michael’s House)

Thanet

Tonbridge

Tunbridge Wells (Northgate)

Tunbridge Wells (Vale House)

Whitstable

East MidlandsLincolnshire and Rutland

Boston

Gainsborough

Grantham

Holbeach

Horncastle

Lincoln (Crown House)

Lincoln (High Street)

Louth

Mablethorpe

Oakham

Skegness

Sleaford

Spalding

Stamford

Explanatory Note

(This note is not part of the Regulations)

These Regulations establish a pilot scheme relating to persons who claim a jobseeker’s allowance and who fulfil the criteria specified in regulation 3 as to age, period over which they have been receiving benefit and the location of appropriate offices at which they claim benefit, as identified in the Schedule to these Regulations.

The pilot scheme is to last for a period of one year from 5th April 2004 to 4th April 2005 unless these Regulations are revoked with effect from an earlier date.

The Regulations add to the list of training schemes in regulation 75 of the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207) with the effect that if such a person without good cause refuses or fails to participate in the training scheme known as basic skills training, or gives up his place on such a scheme, he will be subject to a sanction under section 19 or 20A of the Jobseekers Act 1995 (c. 18) and regulation 69 of the Jobseeker’s Allowance Regulations 1996. The effect of this will be the loss or reduction of his jobseeker’s allowance for a period of two weeks or four weeks (regulation 3).

The Report of the Social Security Advisory Committee dated 27th November 2003 on the proposals referred to them in respect of these Regulations, together with a statement showing the extent to which the proposals give effect to the Recommendations of the Committee, and in so far as they do not give effect to them, the reasons why not, are contained in Command Paper Cm. 6116 published by The Stationery Office Ltd.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.

(2)

See section 29(8) of the Jobseekers Act 1995.

(3)

Section 35(1) is an interpretation provision and is cited because of the meaning given to the words “prescribed” and “regulations”. Sections 35(1) and 36(4) were amended by section 2 of, and paragraphs 62 and 63 respectively of Schedule 3 to, the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2).

(4)

See section 172(1) of the Social Security Administration Act 1992 (c. 5); paragraph 67 of Schedule 2 to the Jobseekers Act 1995 added that Act to the list of “relevant enactments” in respect of which regulations must normally be referred to the Committee.

(5)

S.I. 1975/556. Regulation 8A was inserted by S.I. 1996/2367; the relevant amending instruments are S.I. 2000/3120, 2001/518, 1711 and 2002/490.

(6)

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

(7)

Section 20A was inserted by the Welfare Reform and Pensions Act 1999 (c. 30), section 59 and Schedule 7, paragraph 13.

(8)

S.I. 1996/207; the relevant amending instruments are S.I. 1997/2863, 1998/1274, 2000/1978 and 2001/652.

(9)

Regulation 23 was substituted by S.I. 2000/2194 and regulation 23A was inserted by S.I. 2000/1978.

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