The New Deal (25 plus) (Miscellaneous Provisions) Order 1999

Statutory Instruments

1999 No. 779

SOCIAL SECURITY

The New Deal (25 plus) (Miscellaneous Provisions) Order 1999

Made

12th March 1999

Laid before Parliament

12th March 1999

Coming into force

2nd April 1999

Whereas arrangements known as “the New Deal” have been made by the Secretary of State under section 2 of the Employment and Training Act 1973M1 ( “the 1973 Act”):

And whereas the New Deal includes an employment programme known as “the New Deal Pilot for 25 plus self employment route”:

And whereas it appears to the Secretary of State that these arrangements make provision for persons using facilities provided in pursuance of them to receive payments in connection with their use of those facilities:

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 26(1)(a), (c) and (d) and (2) of the Employment Act 1988M2 hereby makes the following Order:–

Marginal Citations

M1 1973 c. 50: section 2 was substituted by section 25(1) of the Employment Act 1988 (c. 19).

M2 1988 c. 19.

Citation. commencement and interpretation E+W+S

1.—(1) This Order may be cited as the New Deal (25 plus) (Miscellaneous Provisions) Order 1999 and shall come into force on 2nd April 1999.

(2) In this Order–

• “the intensive activity period of the New Deal Pilot for 25 plus” means the arrangements known by that name and made under section 2 of the 1973 Act for which only persons who are aged over 25 years immediately prior to entry are eligible and which are designed to help participants to obtain work or to improve their prospects of obtaining work;

• “the self-employment route” means receiving assistance in pursuing self-employed earner’s employment whilst participating in the intensive activity period of the New Deal Pilots for 25 plus;

• “training allowance” means a payment made directly by the Secretary of State to a New Deal participant in connection with his participation;

Treatment of persons and payments for the purposes of the Social Security Contributions and Benefits Act 1992, the Jobseekers Act 1995 and specified subordinate legislation E+W+S

2.—(1) The provisions of this article apply for the purposes of–

(a) Part I of the Social Security Contributions and Benefits Act 1992 M3 ,

(b) the Jobseekers Act 1995 M4 and

(c) the subordinate legislation specified in the Schedule to this Order.

(2) If during any period or periods commencing with or falling after the date on which this Order comes into force a person is participating in the New Deal Pilot for 25 plus within the self employment route and that person receives, or is eligible to receive, either a mandatory top-up payment or other payment made to him in order to assist with the expenses of participation, he is to be treated for that period or those periods and in respect of his participation as not being employed and any such payments made to such a person during that period or those periods in connection with his use of facilities shall be treated as a grant and not as a training allowance.

Marginal Citations

M3 1992 c. 4.

M4 1995 c. 18.

Signed by order of the Secretary of State

Andrew Smith

Minister of State,

Department for Education and Employment.

Article 2

SCHEDULE E+W+S LIST OF SUBORDINATE LEGISLATION

The Social Security (Credits) Regulations 1975 M5

The Social Security (Overlapping Benefits) Regulations 1979 M6

The Income Support (General) Regulations 1987 M7

The Social Security (Claims and Payments) Regulations 1987 M8

The Income Support (Transitional) Regulations 1987 M9

[F1 The Housing Benefit Regulations 2006;]

[F2 The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;]

The Family Credit (General) Regulations 1987 M10

The Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1989 M11

The Income Support (General) Amendment No. 4 Regulations 1991 M12

The Income Support (General) Amendment No. 6 Regulations 1991 M13

The Disability Working Allowance (General) Regulations 1991 M14

The Child Support (Maintenance Assessment Procedure) Regulations 1992 M15

[F3 The Council Tax Benefit Regulations 2006;]

[F4 The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;]

The Child Support (Maintenance Assessment and Special Cases) Regulations 1992 M16

The Education Authority Bursaries (Scotland) Regulations 1995 M17

The Jobseeker’s Allowance Regulations 1996 M18

The Jobseeker’s Allowance (Transitional Provisions) Regulations 1996 M19

The Social Security (Back to Work Bonus) (No. 2) Regulations 1996 M20

The Housing Renewal Grants Regulations 1996 M21

The Education (Mandatory Awards) Regulations 1997 M22

The Social Security (New Deal Pilot) Regulations 1998 M23

[F5 The Child Support (Maintenance Calculations and Special Cases) Regulations 2000]

[F6 The Child Support (Maintenance Calculation Procedure) Regulations 2000 ]

Textual Amendments

F1 Words in Sch. substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 14(1)(a)Sch. 2 para. 14(2)(b) (with regs. 2, 3, Sch. 3, Sch. 4)

F2 Words in Sch. inserted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 14(1)(b)Sch. 2 para. 14(2)(b) (with regs. 2, 3, Sch. 3, Sch. 4)

F3 Words in Sch. substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 14(1)(c)Sch. 2 para. 14(2)(b) (with regs. 2, 3, Sch. 3, Sch. 4)

F4 Words in Sch. inserted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 14(1)(d)Sch. 2 para. 14(2)(b) (with regs. 2, 3, Sch. 3, Sch. 4)

F5 Words in Sch. inserted (6.3.2006) by S.I. 2001/158, reg. 9 with {reg. 1(2)(3)} and S.I. 2003/192

F6 Words in Sch. inserted (6.3.2006) by S.I. 2001/158, reg. 9 with {reg. 1(2)(3)} and S.I. 2003/192

Marginal Citations

M5 S.I. 1975/556; relevant amending instruments are S.I. 1987/414, 1988/1439 and 1545, 1989/1627, 1991/387 and 1996/2367.

M6 S.I. 1979/597; relevant amending instruments are S.I. 1982/1173, 1988/1446 and 1991/387.

M7 S.I. 1987/1967; relevant amending instruments are S.I. 1988/663 and 1445, 1989/1678, 1991/387, 1992/468 and 2115, 1993/2119, 1994/2139, 1995/1613, 1997/65 and 2863, 1998/563 and 1174 and 2117 and 2825.

M8 S.I. 1987/1968; relevant amending instruments are S.I. 1990/2208 and 1991/387, 1996/1460 and 1997/793.

M9 S.I. 1987/1969; relevant amending instruments are S.I. 1989/1626 and 1991/387.

M10 S.I. 1987/1973; relevant amending instruments are S.I. 1988/660 and 1970, 1991/387, 1992/573, 1993/2119, 1994/2139 and 1995/2303. 1997/65 and 2863, 1998/563 and 1174 and 2117 and 2825.

M11 S.I. 1989/76; the relevant amending instrument is S.I. 1991/387.

M12 S.I. 1991/1559.

M13 S.I. 1991/2334.

M14 S.I. 1991/2887; relevant amending instruments are S.I. 1992/2155, 1993/2119, 1994/2139 and 1995/482 and 2303, 1997/65 and 2863, 1998/1174 and 2117 and 2825.

M15 S.I. 1992/1813; relevant amending instruments are S.I. 1993/913 and 1995/1045.

M16 S.I. 1992/1815; relevant amending instruments are S.I. 1993/913 and 1995/1045.

M17 S.I. 1995/1739.

M18 S.I. 1996/207; the relevant amending instruments are S.I. 1997/65 and 827 and 2863, 1998/563 and 1174 and 1274 and 2117 and 2825.

M19 S.I. 1996/2567, to which there are amendments not relevant to this Order.

M20 S.I. 1996/2570, to which there are amendments not relevant to this Order.

M21 S.I. 1996/2890, the relevant amending instrument is 1998/808.

M22 S.I. 1998/1166.

M23 S.I. 1998/2825.

Explanatory Note

(This note is not part of the Order)

This Order provides that, for the purposes of Part I of the Social Security Contributions and Benefits Act 1992 (c. 4) and the Jobseekers Act 1995 (c. 18) and of the subordinate legislation specified in the Schedule to the Order, a person using facilities provided in pursuance of the employment programme known as “the intensive activity period of the New Deal Pilot for 25 plus self employment route” and receiving or entitled to receive in connection with the use of those facilities a top-up payment or assistance with the expenses of participation or both shall be treated as not being employed and as being in receipt of a grant rather than a training allowance. The effect of the Order is that receipt of the top-up payment or expenses on the part of those using the facilities does not affect their entitlement to continue to receive jobseeker’s allowance nor the conditions on which jobseeker’s allowance is paid to them.

This Order does not impose any charge on business.