The Social Security (New Deal Pilot) (Amendment) Regulations (Northern Ireland) 1999

Amendment of the Social Security (New Deal Pilot) Regulations

2.—(1) The Social Security (New Deal Pilot) Regulations (Northern Ireland) 1998(1) shall be amended in accordance with paragraphs (2) to (7).

(2) In regulation 10 (scope of Part III), for “16” there shall be substituted “16A”.

(3) For regulation 11(1) (definition of “training allowance”), there shall be substituted the following paragraph—

“(1) The definition of “training allowance” in each of the regulations specified in paragraph (2) (which are interpretation provisions) shall be modified in its application to persons to whom this Part applies as if at the end there were added—

• “nor does it include any top-up payment made to a person (“the participant”) pursuant to—

  (i)

  section 1 of the Employment and Training Act (Northern Ireland) 1950(2) in respect of the participant’s participation in the intensive activity period of the New Deal pilot for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1998 in regulation 2(1) of those Regulations (“the intensive activity period”), or

  (ii)

  a written arrangement entered into between the Department of Economic Development and the person who has arranged for the participant’s participation in the intensive activity period and which is made in respect of the participant’s participation in that period.”.”

(4) In regulation 15(1) (income to be disregarded)—

(a) in the first paragraph of the modifications added by that regulation the words from “but this paragraph” to the end of that paragraph shall be omitted;

(b) for the second paragraph of the modifications added by that regulation there shall be substituted the following paragraph—

• “Any top-up payment made to a person (“the participant”) pursuant to—

  (a)

  section 1 of the Employment and Training Act (Northern Ireland) 1950 in respect of the participant’s participation in the intensive activity period of the New Deal pilot for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1998 in regulation 2(1) of those Regulations (“the intensive activity period”), or

  (b)

  a written arrangement entered into between the Department of Economic Development and the person who has arranged for the participant’s participation in the intensive activity period and which is made in respect of the participant’s participation in that period.”.

(5) In regulation 16(1) (capital to be disregarded) for the second paragraph of the modifications added by that regulation there shall be substituted the following paragraph—

• “Any top-up payment made to a person (“the participant”) pursuant to—

  (a)

  section 1 of the Employment and Training Act (Northern Ireland) 1950 in respect of the participant’s participation in the intensive activity period of the New Deal pilot for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1998 in regulation 2(1) of those Regulations (“the intensive activity period”), or

  (b)

  a written arrangement entered into between the Department of Economic Development and the person who has arranged for the participant’s participation in the intensive activity period and which is made in respect of the participant’s participation in that period,

  but only for the period of 52 weeks beginning on the date of receipt of the payment.”.

(6) After regulation 16, there shall be inserted the following regulation—

“Self-employment route of the intensive activity period of the New Deal pilot for 25 plus

16A.— (1) Both regulation 102A(3) of the Jobseeker’s Allowance Regulations(4) and regulation 39A(5) of the Income Support Regulations(6) (which relate to participants in the self-employment route of the Employment Option of the New Deal) shall be modified in their application to persons to whom this Part applies as if—

(a) regulation 102A and regulation 39A were renumbered regulation 102A(1) and regulation 39A(1) respectively;

(b) for the definition of “self-employment route” in the renumbered paragraph (1) there was substituted the following definition—

““self-employment route” means receiving assistance in pursuing self-employed earner’s employment whilst participating in the programme known as the intensive activity period of the New Deal pilot for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1998 in regulation 2(1) of those Regulations;”;

(c) after the renumbered paragraph (1) there was added the following paragraph—

“(2) For the purposes of this Chapter, the last day upon which assistance is received under the self-employment route shall be the day—

(a) upon which there is at least £2,000 in the participant’s special account;

(b) which is 26 weeks after the day upon which the participant first received such assistance; or

(c) which is the last day upon which the participant received such assistance,

whichever shall first occur.”.

(2) The provisions specified in paragraph (3) shall be modified in their application to persons to whom this Part applies as if for the references to a person receiving, or having received, assistance under an employment programme specified in regulation 75(1)(a)(i)(bb) of the Jobseeker’s Allowance Regulations(7) there were substituted references to a person receiving or, as the case may be, having received, assistance in pursuing self-employed earner’s employment whilst participating in the programme known as the intensive activity period of the New Deal pilot for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1998 in regulation 2(1) of those Regulations.

(3) The provisions to which paragraph (2)(8) refers are—

(a) in the Disability Working Allowance Regulations(9), regulation 34(7), paragraph 58 of Schedule 3 and paragraphs 6 and 51 of Schedule 4;

(b) in the Family Credit Regulations(10), regulation 31(7), paragraph 60 of Schedule 2 and paragraphs 6 and 52 of Schedule 3;

(c) in the Housing Benefit Regulations(11), regulation 40(7), paragraph 68 of Schedule 4 and paragraphs 7 and 53 of Schedule 5;

(d) in the Income Support Regulations, paragraph 63 of Schedule 9 and paragraphs 6 and 50 of Schedule 10;

(e) in the Jobseeker’s Allowance Regulations, paragraph 61 of Schedule 6 and paragraphs 11 and 45 of Schedule 7.”.

(7) In regulation 17 (scope of Part IV), for “16” there shall be substituted “16A”.

(1)

S.R. 1998 No. 421

(2)

1950 c. 29; section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10)) and Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8))

(3)

Regulation 102A was inserted by regulation 4(4) of S.R. 1998 No. 182

(4)

S.R. 1996 No. 198; relevant amending Regulations are S.R. 1998 No. 182 and S.R. 1997 No. 541

(5)

Regulation 39A was inserted by regulation 3(3) of S.R. 1998 No. 182

(6)

S.R. 1987 No. 459; relevant amending Regulations are S.R. 1998 No. 182

(7)

Regulation 75 was substituted by regulation 8 of S.R. 1997 No. 541; head (i) was substituted by regulation 4(2) of S.R. 1998 No. 182

(8)

The provisions referred to in paragraph (3) were amended or, as the case may be, inserted by S.R. 1998 No. 182

(9)

S.R. 1992 No. 78; relevant amending Regulations are S.R. 1998 No. 182

(10)

S.R. 1987 No. 463; relevant amending Regulations are S.R. 1998 No. 182

(11)

S.R. 1987 No. 461; relevant amending Regulations are S.R. 1998 No. 182