The Social Security (Flexible New Deal) (No. 2) Regulations 2009

Made5th October 2009

Laid before Parliament12th October 2009

Coming into force2nd November 2009

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

The Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it2.

Citation and commencement1

These Regulations may be cited as the Social Security (Flexible New Deal) (No. 2) Regulations 2009 and shall come into force on 2nd November 2009.

Amendment of the Jobseeker’s Allowance Regulations2

1

The Jobseeker’s Allowance Regulations 19963 are amended as follows.

2

In regulation 69 (prescribed period for purposes of section 19(2))4—

a

in paragraph (1)(e)5 before “26 weeks” insert “subject to paragraph (1A),”;

b

after paragraph (1) insert—

1A
Where the Secretary of State is satisfied that the claimant has complied with the condition in paragraph (1B), paragraph (1)(e) applies as if the reference to 26 weeks were a reference to either—
a
4 weeks, or
b
the period beginning on the day specified in paragraph (2) and ending on the last day of the benefit week in which the claimant complies with the condition,
whichever is the longer.
1B
The condition is that, after the date on which the determination mentioned in paragraph (1)(e)(i) is made, the claimant agrees in writing to undertake the activities specified in an action plan prepared in relation to the claimant.

Yvette CooperSecretary of StateDepartment for Work and Pensions5th October 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Jobseeker’s Allowance Regulations 1996 in the case of claimants who are subject to a benefit sanction because it has been determined that they have failed to participate in a programme known as the Flexible New Deal and who have previously been subject to benefit sanctions. Where a claimant agrees in writing to undertake the Flexible New Deal activities set out in an action plan, the Regulations provide for the benefit sanction to last for either four weeks or for the period beginning with the determination and ending with the claimant’s agreement to comply with the relevant requirements for the programme (whichever is the longer). Otherwise the sanction will last for 26 weeks.

An impact assessment has not been produced for this instrument as it has no impact on the private or voluntary sectors.