2007 No. 1082

SOCIAL SECURITY

The Jobseeker’s Allowance (Jobseeker Mandatory Activity) Pilot Regulations 2007

Made

Coming into force

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 19(2) and (10)(c), 20A(3), 29(1), (3), (4) and (5), 35(1) and 36(2) and (4) of the Jobseekers Act 19951.

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 work2.

A draft of these Regulations has been laid before Parliament in accordance with section 37(2) of the Jobseekers Act 1995 and approved by a resolution of each House of Parliament.

The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to it3.

Citation, commencement and duration1

1

These Regulations may be cited as the Jobseeker’s Allowance (Jobseeker Mandatory Activity) Pilot Regulations 2007 and shall come into force on 2nd April 2007.

2

These Regulations shall cease to have effect on 1st April 2008.

Interpretation2

1

In these Regulations—

  • “appropriate office” means an office of the Department for Work and Pensions which is identified in the Schedule by reference to its region, district and name on 2nd April 2007, and where such an office closes, a reference in the Schedule to that office shall be construed in relation to any person as a reference to the office at which that person is required to attend 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 19754;

  • “the Jobseeker’s Regulations” means the Jobseeker’s Allowance Regulations 19965;

  • “Jobseeker Mandatory Activity Pilot” means the employment 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 19736, being a programme comprising an initial three-day work-focused course and three follow-up interviews with an employment officer, for any individual who has been claiming benefit for a continuous period of not less than six months ending on the first required entry date to any such programme.

2

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

Application of the Jobseeker Mandatory Activity Pilot3

1

In relation to a person to whom paragraph (2) applies—

a

regulation 69 (prescribed period for purposes of sections 19(2) and 20A(3)) of the Jobseeker’s Regulations7 shall have effect with the following amendments—

i

in paragraph (1)(a), for “(c) or (d)” substitute “(c), (d) or (e)”;

ii

in paragraph (1)(b), after “regulation 75(1)(a)(i)(bb)” insert “or a case which falls within sub-paragraph (e)”; and

iii

after paragraph (1)(d), insert the following sub-paragraph—

e

one week in a case where a jobseeker’s allowance is determined not to be payable in circumstances—

i

relating to the employment programme known as the Jobseeker Mandatory Activity Pilot, and

ii

falling within section 19(5) or 20A(2)(a) to (c).

b

for the purposes of the Jobseeker’s Regulations and sections 19 and 20A of the Jobseekers Act 19958, “employment programme” means, in addition to the employment programmes listed in regulation 75 (interpretation) of the Jobseeker’s Regulations9, the Jobseeker Mandatory Activity Pilot;

c

regulation 75 of the Jobseeker’s Regulations shall have effect with the following paragraph inserted after paragraph (5)—

6

In this Part, “Jobseeker Mandatory Activity Pilot” has the meaning it bears in regulation 2(1) of the Jobseeker’s Allowance (Jobseeker Mandatory Activity) Pilot Regulations 2007.

2

Subject to paragraph (3), this paragraph shall apply to any person whom the Secretary of State considers should participate in the Jobseeker Mandatory Activity Pilot and who—

a

on or after 2nd April 2007 but before 1st April 2008, attends an appropriate office pursuant to a notification given or sent under regulation 23 (attendance)10 or 23A (attendance by members of a joint-claim couple)11 of the Jobseeker’s Regulations;

b

on the day he attends, is aged 25 years or over;

c

has been claiming benefit for a continuous period of not less than six months; and

d

has been given or sent a notice in writing by an employment officer advising him that, if he fails to participate in the Jobseeker Mandatory Activity Pilot, his jobseeker’s allowance could cease to be payable or could be payable at a lower rate.

3

Paragraph (2) shall cease to apply to a person from the date on which he changes address if, as a consequence of changing his address, he is notified under regulation 23 or 23A of the Jobseeker’s Regulations that he should attend at an office of the Department for Work and Pensions which is not an appropriate office for the purposes of these Regulations.

4

However, in a case where paragraph (2) ceases to apply to a person from a particular date by virtue of paragraph (3), any relevant determination made before that date in relation to that person shall continue to have effect.

5

In paragraph (4), “relevant determination” means a determination that—

a

his jobseeker’s allowance is not payable under section 19 of the Jobseekers Act 1995, or

b

he be subject to a sanction under section 20A of that Act.

Transitional provisions4

References in these Regulations to a person to whom regulation 3(2) applies shall include a person to whom regulation 3(2) of the Jobseeker’s Allowance (Jobseeker Mandatory Activity) Pilot Regulations 200512 applied immediately before those Regulations ceased to have effect.

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

Jim MurphyMinister of State,Department for Work and Pensions

SCHEDULE

Regulation 2(1)

Region

District

Office

East of England

Bedfordshire & Hertfordshire

Bedford

Biggleswade

Dunstable

Leighton Buzzard

Luton

London

South London

Bexleyheath

Bromley

Croydon

Deptford

Eltham

Erith

Forest Hill

Greenwich

Kingston

Lewisham

Mitcham

New Addington

Orpington

Purley

Sutton

Thornton Heath

Twickenham

Wimbledon

Woolwich Arsenal

Woolwich Riverside

North West

Cheshire & Warrington

Chester

Congleton

Crewe

Ellesmere Port

Macclesfield

Nantwich

Neston

Northwich

Warrington

Wilmslow

Winsford

North West

Cumbria

Barrow

Carlisle

Cleator Moor

Cockermouth

Kendal

Keswick

Maryport

Millom

Penrith

Ulverston

Whitehaven

Workington

Scotland

Lanarkshire & East Dunbartonshire

Airdrie

Bellshill

Cambuslang

Cumbernauld

East Kilbride

Hamilton

Kirkintilloch

Lanark

Motherwell

Rutherglen

South East

Berkshire, Buckinghamshire & Oxfordshire

Abingdon

Aylesbury

Banbury

Bletchley

Chesham

Didcot

High Wycombe

Milton Keynes

Oxford

Witney

South East

Surrey & Sussex

Camberley

Epsom

Guildford

Redhill

Staines

Weybridge

Woking

Wales

South East Wales

Barry

Cardiff – Charles Street

Cardiff – Caradog House

Cardiff – Alexandra House

Penarth

West Midlands

Staffordshire

Burslem

Burton

Cannock

Hanley

Kidsgrove

Lichfield

Longton

Newcastle under Lyme

Stafford

Stone

Tamworth

Yorkshire & The Humber

West Yorkshire

Batley

Brighouse

Castleford

Dewsbury

Halifax

Hemsworth

Huddersfield

Pontefract

Spen Valley

Todmorden

Wakefield

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations replace the Jobseeker’s Allowance (Jobseeker Mandatory Activity) Pilot Regulations 2005 (S.I. 2005/3466) (“the 2005 Regulations”). Their effect is to extend by a year the Jobseeker Mandatory Activity Pilot made under the pilot-making power in section 29 of the Jobseekers Act 1995 (c.18).

The Jobseeker Mandatory Activity Pilot is an employment programme which consists of a three-day course followed by three further follow-up interviews. Any claimant who falls within the criteria specified in regulation 3(2) is required to attend this programme.

Regulation 3(1)(a) amends regulation 69 of the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207) so that any person who fails to participate in or attend any part of the pilot scheme may lose one week’s benefit for each such failure. Regulation 3(3) provides that a person ceases to be required to attend the pilot scheme if he changes address and is required to attend an office of the Department for Work and Pensions which is not in the pilot areas. Regulation 3(4) provides that regulation 3(3) should not affect a sanction (loss of benefit) imposed on a person before he changed address.

Regulation 4 is a transitional provision to enable the Jobseeker Mandatory Activity Pilot to transfer from the 2005 Regulations to these Regulations. It treats a person as meeting the regulation 3(2) criteria if he met the equivalent criteria in the 2005 Regulations.

The pilot areas are set out in the Schedule to these Regulations.

A full Regulatory Impact Assessment has not been produced for this instrument because it has no impact on the costs of business, charities or voluntary bodies.