The Social Security (Intensive Activity Period 50 to 59 Pilot)(No.2) Regulations 2005

Citation, commencement and duration

1.—(1) These Regulations may be cited as the Social Security (Intensive Activity Period 50 to 59 Pilot) (No.2) Regulations 2005 and shall come into force on 9th January 2006.

(2) These Regulations shall cease to have effect on 8th January 2007 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 district and name as at the date on which these Regulations come into force and, where such an office closes, a reference in the Schedule to that office shall be construed as a reference to the office which a person is required to attend by an employment officer instead of that office;

“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(1);

“the Jobseeker’s Regulations” means the Jobseeker’s Allowance Regulations 1996(2).

(2) 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(3)(c), also be treated as receiving benefit throughout that period.

Application of Intensive Activity Period 50 to 59 Pilot

3.—(1) Subject to paragraph (4), in relation to a person to whom paragraph (2) applies, in regulation 75(1)(a)(iv) of the Jobseeker’s Regulations(3) (interpretation) for “aged 25 years or over and less than 50 years” substitute “aged 50 years or over and less than 60 years”.

(2) This paragraph shall apply to any person who meets the conditions specified in paragraph (3) and who is selected by an employment officer, on a sampling basis, to participate in the Intensive Activity Period as specified in regulation 75(1)(a)(iv) of the Jobseeker’s Regulations as amended by paragraph (1).

(3) For the purposes of paragraph (2) the conditions are that he is a person–

(a) who, between 9th January 2006 and 8th January 2007 attends an appropriate office pursuant to a notification given or sent under regulation 23 or 23A of the Jobseeker’s Regulations; and

(b) who has been receiving benefit for a cumulative period of at least 18 months in the previous 21 months; and

(c) who has been given or sent a notice in writing by an employment officer notifying him of a place on the Intensive Activity Period as specified in regulation 75(1)(a)(iv) of the Jobseeker’s Regulations as amended by paragraph (1), and advising him that if he fails to participate in that programme, his jobseeker’s allowance could cease to be payable or could be payable at a lower rate.

(4) Where a person to whom paragraph (2) would otherwise apply informs the Secretary of State of a change in address that results in that person being notified under regulation 23 or 23A of the Jobseeker’s Regulations that he should attend a place that is not an appropriate office for the purposes of these Regulations—

(a) any sanction incurred by that person under sections 19 or 20A of the Jobseekers Act 1995 as a result of his refusing or failing to participate in, or giving up a place on the Intensive Activity Period as specified in regulation 75(1)(a)(iv) of the Jobseekers Regulations as amended by paragraph (1) shall end; and

(b) these Regulations shall cease to apply to that person.

Transitional provisions

4.  References in these Regulations to a person to whom regulation 3(2) applies shall include a person to whom regulation 3(2) of the Social Security (Intensive Activity Period 50 to 59 Pilot)(No.2) Regulations 2004(4) applied immediately before those regulations expire.

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

Jane Kennedy

Minister of State,

Department for Work and Pensions

8th March 2005