The Social Security (Approved Work) Regulations (Northern Ireland) 2000
Citation, commencement and interpretation1.
(1)
These Regulations may be cited as the Social Security (Approved Work) Regulations (Northern Ireland) 2000 and shall come into operation on 3rd April 2000.
(2)
Amendment of the Social Security (Severe Disablement Allowance) Regulations2.
“(1C)
For the purposes of severe disablement allowance, a person shall be treated as incapable of work on any day where he is treated as incapable of work under regulation 10A of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 19958 (certain persons participating in approved work to be treated as incapable of work).”.
Amendment of the Income Support (General) Regulations3.
(a)
“(b)
in a case where the service is performed in connection with—
(i)
the claimant’s participation in an employment or training programme in accordance with regulation 19(1)(p) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996, or
(ii)
the claimant’s or the claimant’s partner’s participation in an employment or training programme as defined in regulation 19(3) of those Regulations for which a training allowance is not payable or, where such an allowance is payable, it is payable for the sole purpose of reimbursement of travelling or meal expenses to the person participating in that programme; or”; and
(b)
Amendment of the Housing Benefit (General) Regulations4.
(a)
(i)
at the beginning there shall be inserted “Subject to paragraph (5A),”; and
(ii)
the words from “; but this paragraph” to the end shall be omitted; and
(b)
“(5A)
Paragraph (5) shall not apply—
(a)
to a claimant who is engaged by a charitable or voluntary organisation or who is a volunteer if the appropriate authority is satisfied in any of those cases that it is reasonable for him to provide those services free of charge; or
(b)
in a case where the service is performed in connection with—
(i)the claimant’s participation in an employment or training programme in accordance with regulation 19(1)(p) of the Jobseeker’s Allowance Regulations (Northern Ireland) 199614, or
(ii)
the claimant’s or the claimant’s partner’s participation in an employment or training programme as defined in regulation 19(3) of those Regulations for which a training allowance is not payable or, where such an allowance is payable, it is payable for the sole purpose of reimbursement of travelling or meal expenses to the person participating in that programme.”.
Amendment of the Social Security (Incapacity Benefit) Regulations5.
“or
(c)
where such payment as is made is for the sole purpose of travelling or meal expenses incurred or to be incurred under the arrangement made under section 1(1) of the Employment and Training Act (Northern Ireland) 1950.”.
Amendment of the Social Security (Incapacity Benefit – Increases for Dependants) Regulations6.
“(2A)
For the purposes of, and subject to, paragraph (1), where, on any day, an adult dependant is a person who does approved work on a trial basis within the meaning of regulation 10A of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995 (certain persons participating in approved work to be treated as incapable of work), the beneficiary shall be treated as entitled to an increase under section 86A of the Contributions and Benefits Act.”.
Amendment of the Social Security (Incapacity for Work) (General) Regulations7.
(1)
(2)
(3)
“Certain persons participating in approved work to be treated as incapable of work10A.
(1)
A person to whom this regulation applies shall be treated as incapable of work on any day in a period of incapacity for work on which he does any approved work in respect of which no payment in the nature of earnings is expected or made.
(2)
Subject to paragraph (3), this regulation applies to a person who is—
(a)
incapable of work or treated as incapable of work;
(b)
receiving a prescribed benefit; and
(c)
engaged in approved work on a trial basis.
(3)
Where a person to whom this regulation applies is determined to be capable of work, paragraph (1) shall cease to apply in his case.
(4)
In this regulation—
“approved work” means, in relation to a person, work arranged in writing by the Department of Higher and Further Education, Training and Employment with an employer in respect of him;
“prescribed benefit” means any benefit, allowance or advantage under the Contributions and Benefits Act (other than statutory sick pay, statutory maternity pay or industrial injuries benefit) or the Jobseekers (Northern Ireland) Order 1995, and for which entitlement is dependent on incapacity for work;
“trial basis” means such trial period and other related matters as may be agreed between the person, the Department of Higher and Further Education, Training and Employment and an employer in relation to the approved work.”.
(4)
Amendment of the Jobseeker’s Allowance Regulations8.
(a)
(i)
at the beginning there shall be inserted “Subject to paragraph (13A),”; and
(ii)
the words from “; but this paragraph” to the end shall be omitted; and
(b)
“(13A)
Paragraph (13) shall not apply—
(a)
to a claimant who is engaged by a charitable or voluntary organisation or who is a volunteer if the Department is satisfied in any of those cases that it is reasonable for him to provide those services free of charge;
(b)
in a case where the service is performed in connection with—
(i)
the claimant’s participation in an employment or training programme in accordance with regulation 19(1)(p), or
(ii)
the claimant’s or the claimant’s partner’s participation in an employment or training programme as defined in regulation 19(3) for which a training allowance is not payable or, where such an allowance is payable, it is payable for the sole purpose of reimbursement of travelling or meal expenses to the person participating in that programme.”.
Amendment of the Social Security (New Deal Pilot) Regulations9.
(a)
“(b)
in paragraph (13) after “Subject to paragraph (13A)” there were inserted “and paragraph (13B)”;
(c)after paragraph (13A) there were inserted the following paragraph—
“(13B)
Paragraph (13) shall not apply in a case where the service is performed in connection with the claimant’s participation in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1999 in regulation 2(1) of those Regulations.”.
(b)
“(b)
in paragraph (6) after “Subject to paragraph (6A)” there were inserted “and paragraph (6D)”;
(c)after paragraph (6C) there were inserted the following paragraph—
“(6D)
Paragraph (6) shall not apply in a case where the service is performed in connection with the claimant’s participation in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1999 in regulation 2(1) of those Regulations.”.
(c)
“(b)
in paragraph (5) after “Subject to paragraph (5A)” there were inserted “and paragraph (5B)”;
(c)after paragraph (5A) there were inserted the following paragraph—
“(5B)
Paragraph (5) shall not apply in a case where the service is performed in connection with the claimant’s participation in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1999 in regulation 2(1) of those Regulations.”.
Revocations10.
Sealed with the Official Seal of the Department for Social Development on 23rd March 2000.
The Department of Finance and Personnel hereby consents to regulation 4 of the foregoing Regulations.
Sealed with the Official Seal of the Department of Finance and Personnel on 23rd March 2000.
These Regulations amend—
the Social Security (Severe Disablement Allowance) Regulations (Northern Ireland) 1984 so that the participants in approved work, such as work trials or work placements, continue to receive severe disablement allowance (regulation 2);
the Income Support (General) Regulations (Northern Ireland) 1987, the Housing Benefit (General) Regulations (Northern Ireland) 1987 and the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 to ensure that persons who are participating in approved work are not attributed with notional earnings for the purpose of ascertaining entitlement to the benefit concerned (regulations 3(a), 4 and 8);
the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994 so that travelling and meal expenses paid as the sole training allowance do not cause a person to be treated as capable of work (regulation 5);
the Social Security (Incapacity Benefit – Increases for Dependants) Regulations (Northern Ireland) 1994 so that recipients of incapacity benefit who have dependants who do approved work are not disallowed the increase (regulation 6);
the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995 so that persons who are participating in approved work, as piloted by the Social Security (Incapacity, Earnings and Work Trials) (Pilot Schemes) Regulations (Northern Ireland) 1999 (S.R. 1999 No. 199), are treated as incapable of work (regulation 7); and
the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1999 in consequence of the amendments made by regulations 3(a), 4 and 8 (regulation 9).
The Regulations also make—
a technical amendment to the Income Support (General) Regulations (Northern Ireland) 1987 relating to the New Deal for Lone Parents to ensure that the notional earnings rules apply to those taking a break in their period of work experience (regulation 3(b)); and
consequential revocations (regulation 10).
In so far as these Regulations are required, for the purposes of regulation 4, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992 (“the Administration Act”), after agreement by the Social Security Advisory Committee they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Administration Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.