1999 No. 779

SOCIAL SECURITY

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

Made12th March 1999

Laid before Parliament12th March 1999

Coming into force2nd 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 1973F1 ( “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 1988F2 hereby makes the following Order:–

Annotations:

Amendments (Textual)

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

1988 c. 19.

Citation. commencement and interpretation1

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 legislation2

1

The provisions of this article apply for the purposes of–

a

Part I of the Social Security Contributions and Benefits Act 1992 F3,

b

the Jobseekers Act 1995 F4 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.

Signed by order of the Secretary of State

Andrew SmithMinister of State,Department for Education and Employment.

SCHEDULE LIST OF SUBORDINATE LEGISLATION

Article 2

The Social Security (Credits) Regulations 1975 F5

The Social Security (Overlapping Benefits) Regulations 1979 F6

The Income Support (General) Regulations 1987 F7

The Social Security (Claims and Payments) Regulations 1987 F8

The Income Support (Transitional) Regulations 1987 F9

F24The Housing Benefit Regulations 2006;

F25The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;

The Family Credit (General) Regulations 1987 F10

The Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1989 F11

The Income Support (General) Amendment No. 4 Regulations 1991 F12

The Income Support (General) Amendment No. 6 Regulations 1991 F13

The Disability Working Allowance (General) Regulations 1991 F14

The Child Support (Maintenance Assessment Procedure) Regulations 1992 F15

F26The Council Tax Benefit Regulations 2006;

F27The 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 F16

The Education Authority Bursaries (Scotland) Regulations 1995 F17

The Jobseeker’s Allowance Regulations 1996 F18

The Jobseeker’s Allowance (Transitional Provisions) Regulations 1996 F19

The Social Security (Back to Work Bonus) (No. 2) Regulations 1996 F20

The Housing Renewal Grants Regulations 1996 F21

The Education (Mandatory Awards) Regulations 1997 F22

The Social Security (New Deal Pilot) Regulations 1998 F23

F28The Child Support (Maintenance Calculations and Special Cases) Regulations 2000

F29The Child Support (Maintenance Calculation Procedure) Regulations 2000

(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.