xmlns:atom="http://www.w3.org/2005/Atom"

Statutory Instruments

2006 No. 909

SOCIAL SECURITY

The Social Security (Working Neighbourhoods) Miscellaneous Amendments Regulations 2006

Made

23rd March 2006

Laid before Parliament

29th March 2006

Coming into force

24th April 2006

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 2A, 2AA, 2B, 189(1), (4) to (6) and (7A) and 191 of the Social Security Administration Act 1992(1), sections 60(1) to (4) and (9) and 83(4) and (6) of the Welfare Reform and Pensions Act 1999(2) and section 19(10) of the Jobseekers Act 1995(3).

The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to it(4).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Working Neighbourhoods) Miscellaneous Amendments Regulations 2006 and shall come into force on 24th April 2006.

(2) In these Regulations—

“the principal Regulations” means the Social Security (Working Neighbourhoods) Regulations 2004(5);

“direction”, “employment zone” and “employment zone programme” have the same meaning as in the principal Regulations.

Miscellaneous amendments

2.—(1) Subject to regulation 4 of these Regulations, in regulation 75(1)(a) (interpretation) of the Jobseeker’s Allowance Regulations 1996(6), omit the words “or the Social Security (Working Neighbourhoods) Regulations 2004”.

(2) In regulation 4 (circumstances where requirement to take part in an interview does not apply) of the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000(7)—

(a)in paragraph (1)(c), omit the words “, the Social Security (Working Neighbourhoods) Regulations 2004”, and

(b)omit paragraph (2).

(3) In the Social Security (Jobcentre Plus Interviews) Regulations 2002(8)—

(a)in regulation 2(3) (interpretation and application), omit the words from “or where a person” to “regulation 2(3) of those Regulations,”, and

(b)in regulation 16(2) (revocations and transitional provision), omit the words from “and except where a person” to “regulation 2(3) of those Regulations”.

(4) In regulation 2(2) (interpretation and application) of the Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003(9), omit the words from “Except in a case where” to “regulation 2(3) of those Regulations,”.

Revocation and savings of the principal Regulations

3.—(1) Subject to paragraph (2) and regulation 4, the principal Regulations are revoked.

(2) Regulations 22, 24, 25(1), (2) and (4) and 26(1) and (3) of the principal Regulations are not revoked.

Transitional provisions for employment zones

4.—(1) The provisions listed in paragraph (2) shall continue to apply as if these Regulations had not been made—

(a)in the case of a person falling within paragraph (3), and

(b)for the period specified in paragraph (4).

(2) The provisions listed in this paragraph are—

(a)regulation 75(1)(a) (interpretation) of the Jobseeker’s Allowance Regulations 1996, and

(b)the following provisions of the principal Regulations—

(i)regulation 2(1), (2) and (4),

(ii)regulations 16 to 21,

(iii)regulation 23,

(iv)Part 2 of the Schedule.

(3) A person falls within this paragraph if immediately before these Regulations come into force, he is participating in an employment zone programme following a direction given under regulation 17 or 18 of the principal Regulations.

(4) The period specified in this paragraph begins on 24th April 2006 and ends on—

(a)the date the person ceases to participate in that employment zone programme by virtue of regulation 19 or 21 of the principal Regulations, or

(b)31st October 2006,

whichever is the earlier.

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

Margaret Hodge

Minister of State,

Department for Work and Pensions

23rd March 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke most of the Social Security (Working Neighbourhoods) Regulations 2004 (“the Neighbourhoods Regulations”) (S.I. 2004/959) from 24th April 2006. Regulation 2 makes consequential revocations to other legislation.

Regulation 3(2) keeps small parts of the Neighbourhoods Regulations in force so that other legislation operates correctly in two ways. Firstly, regulations 22 and 24 of the Neighbourhoods Regulations amend the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968) and the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (S.I. 1999/991) so that they refer to all Regulations made under certain powers. Without those amendments, the Regulations amended would only apply to specified Regulations made under those powers. Secondly, regulations 25 to 27 of the Neighbourhoods Regulations amend other Regulations which require claimants to take part in work-focused interviews. Without those amendments, claimants could be required to take part in an interview under those other Regulations immediately after these Regulations come into force.

Regulation 4 contains transitional provisions. The parts of the Neighbourhoods Regulations relating to employment zones continue to apply to a claimant who is participating in an employment zone programme under those Regulations on 23rd April 2006. The transitional provisions will end by 31st October 2006.

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

(1)

1992 c. 5. Sections 2A and 2B were inserted by section 57 of the Welfare Reform and Pensions Act 1999 (c. 30). Section 2AA was inserted by section 49 of the Employment Act 2002 (c. 22). Section 2A was amended by S.I. 2002/1457. Section 2AA was amended by paragraph 55 of Schedule 2 to the Civil Partnership Act 2004 (c. 33). Section 2B was amended by paragraph 9 of Schedule 7 and Schedule 8 to the Employment Act 2002. Section 189(1) and (4) to (6) was amended by paragraph 109 of Schedule 7 to the Social Security Act 1998 (c. 14); section 189(1) was amended by paragraph 57(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) and Schedule 6 to the Tax Credits Act 2002 (c. 21); section 189(7A) was inserted by paragraph 82 of Schedule 12 to the Welfare Reform and Pensions Act 1999. Section 191 is cited because of the meaning there given to the word “prescribe”.

(2)

1999 c. 30. Section 60(9) is an interpretation provision and is cited because of the meaning it gives to the words “designated”, “employment” and “prescribed”.

(4)

See section 173(1)(b) of the Social Security Administration Act 1992.

(5)

S.I. 2004/959.

(6)

S.I. 1996/206. Regulation 75(1)(a)(iii) was inserted by S.I. 2000/721, substituted by S.I. 2003/2438 and amended by S.I. 2004/959.

(7)

S.I. 2000/1926. Regulation 4 was substituted by S.I. 2005/2727.

(8)

S.I. 2002/1703. Relevant amending instrument is S.I. 2004/959.

(9)

S.I. 2003/1886. Relevant amending instrument is S.I. 2004/959.