The Social Security (Approved Work) Regulations 2000

Notional income

2.—(1) In regulation 105 of the Jobseeker’s Allowance Regulations 1996(1) (notional income)–

(a) in paragraph (13)–

(i) at the beginning, there shall be inserted the words “Subject to paragraph (13A),”;

(ii) the words from “; but this paragraph” to the end of the paragraph shall be omitted;

(b) after paragraph (13) there shall be inserted the following paragraph–

“(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 Secretary of State 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)(q); 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.”.

(2) In regulation 42 of the Income Support (General) Regulations 1987(2) (notional income)–

(a) for paragraph (6A)(b) there shall be substituted the following sub-paragraph–

“(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)(q) of the Jobseeker’s Allowance Regulations 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”;

(b) in paragraph (6B)(a), the words “throughout that period” shall be omitted.

(3) In both regulation 26 of the Council Tax Benefit (General) Regulations 1992(3) and regulation 35 of the Housing Benefit (General) Regulations 1987(4) (which relate to notional income)–

(a) in paragraph (5)–

(i) at the beginning, there shall be inserted the words “Subject to paragraph (5A),”;

(ii) the words from “; but this paragraph” to the end of the paragraph shall be omitted;

(b) after paragraph (5) there shall be inserted the following paragraph–

“(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)(q) of the Jobseeker’s Allowance Regulations 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.”.

(1)

S.I. 1996/207; the relevant amending instruments are S.I. 1997/2863 and 1999/2860 (C. 75).

(2)

S.I. 1987/1967; paragraphs (6A) and (6B) of regulation 42 were inserted by S.I. 1999/2554.

(3)

S.I. 1992/1814; the relevant amending instruments are S.I. 1995/560 and 1997/2863.

(4)

S.I. 1987/1971; the relevant amending instruments are S.I. 1991/1599, 1995/560 and 1997/2863.