The Social Security (Steps to Work) Regulations (Northern Ireland) 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (“the Jobseeker’s Allowance Regulations”) on account of the introduction of the employment programme known as Steps to Work and the attendance by jobseeker’s allowance claimants at a Back to Work Session.

In particular, they amend regulation 75 of the Jobseeker’s Allowance Regulations so that the employment programme known as Steps to Work is an employment programme for the purposes of Articles 21 and 22A of the Jobseekers (Northern Ireland) Order 1995 (“the 1995 Order”) and the Jobseeker’s Allowance Regulations (see regulation 2(5) of these Regulations). The effect is that if a person, without good cause, refuses or fails to participate in the programme, or loses their place on the programme due to misconduct, that person will receive a sanction under Article 21 or 22A of the 1995 Order.

These Regulations amend regulation 69 of the Jobseeker’s Allowance Regulations to provide for the sanction period for an act or omission relating to Steps to Work. A sanction may be of 2, 4 or 26 weeks duration (see regulation 2(3)).

They also amend regulation 69 with the effect that a person who fails to take part in a Back to Work Session when directed to do so by an employment officer may lose one week’s benefit for each failure (see regulation 2(3)).

These Regulations provide for an additional case where a person is to be regarded as having good cause for the purposes of Article 21(5)(b) and 22A(2)(b) of the 1995 Order. The circumstances relate to where the person is not notified that they are required to take part in Steps to Work (see regulation 2(4)).

Where a jobseeker’s allowance is not payable to a person as a result of an act or omission relating to their participation in Steps to Work or as the result of a failure to take part in a Back to Work Session when directed to do so, these Regulations amend the Jobseeker’s Allowance Regulations to provide that the person shall not be a person in hardship (see regulation 2(6) and (8)). Where the sanction relates to Steps to Work, they also amend those Regulations to prescribe the period during which a person shall not be a person in hardship (see regulation 2(7) and (9)). The effect of these amendments is that the allowance that would otherwise be available to a person in hardship is not available to a person who is subject to a sanction during the period they are required to take part in Steps to Work or for 14 days, whichever is the longer.

Regulation 3 makes a consequential amendment to the Housing Renewal Grants (Reduction of Grant) Regulations (Northern Ireland) 2004 to ensure that certain payments of child care expenses reimbursed in consequence of a person’s participation in Steps to Work shall be disregarded in the calculation of income.

Regulation 4 makes consequential revocations.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.