2003 No. 2438
The Employment Zones Regulations 2003
Made
Laid before Parliament
Coming into force
The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 60(1) to (3) and (9) and 83(4) and (6) of the Welfare Reform and Pensions Act 1999 F1 and section 19 of the Jobseekers Act 1995 F2, and all other powers enabling him in that behalf, and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it F3, hereby makes the following Regulations:
See sections 170 and 173(1)(b) of the Social Security Administration Act 1992; section 84(1) of and Schedule 12 Part II (paragraphs 79 and 81(a)) to the Welfare Reform and Pensions Act 1999 added that Act to the list of “relevant enactments” in respect of which regulations must normally be referred to the Committee.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Employment Zones Regulations 2003 and shall come into force on 27th October 2003.
2
In these RegulationsF15, except where the context otherwise requires—
“claimant” means a claimant for a jobseeker’s allowance F4;
“direction” means a direction to participate in an employment zone programme;
“employment officer” means an officer of the Secretary of State or such other person as may be designated for the purposes of sections 8 and 19 of the Jobseekers Act 1995 by an order made by the Secretary of State;
“employment zone” means an area within Great Britain subject to a designation for the purpose of these Regulations by the Secretary of State pursuant to section 60 of the Welfare Reform and Pensions Act 1999 as an area wherein an employment zone programme subject to these Regulations F5 is established;
“employment zone programme” means a programme designed to assist claimants for a jobseeker’s allowance to obtain sustainable employment established by the Secretary of State pursuant to section 60 of the Welfare Reform and Pensions Act 1999 for an employment zone.
F17“Employment Zones Regulations” means these Regulations, the Employment Zones Regulations 2000, the Employment Zones (Allocation to Contractors) Pilot Regulations 2004 and the Employment Zones (Allocation to Contractors) Pilot Regulations 2005 F25and the Employment Zones (Allocation to Contractors) Pilot Regulations 2006;
F26“New Deal for Young People programme” means a programme provided in pursuance of arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 and specified in regulation 75(1)(a)(i)(bb) (Gateway to Work), 75(1)(a)(ii) (the Self-Employed Employment Option, the Voluntary Sector Option or the Environment Task Force Option of New Deal) or 75(1)(b)(ii) (the Full-Time Education and Training Option of New Deal) of the Jobseeker’s Allowance Regulations 1996.
3
For the purposes of section 60 of the Welfare Reform and Pensions Act 1999 “employment” means employment whether under a contract of service or a contract of apprenticeship, or a contract for services, or otherwise F16than under a contract, and includes in particular self-employment and the holding of an office.
Referral to an employment zone programme2
F271
This regulation applies to a claimant—
a
who is ordinarily resident within an employment zone, or
b
whose address for payment of his jobseeker’s allowance is located within an employment zone.
F281A
An employment officer may direct a claimant who is aged 25 years or over and F29to whom this regulation applies to participate in an employment zone programme if in the period immediately preceding the date on which the direction is made, the claimant—
a
was entitled to a jobseeker’s allowance for a continuous period of at least 18 months; or
b
was entitled to a jobseeker’s allowance for a cumulative total of at least 18 months out of the previous 21 months; or
c
had participated in an employment zone programme pursuant to F18the Employment Zones Regulations in the previous twelve months but did not complete the programme.
F192
An employment officer may direct a claimant who is aged 18 years or over but less than 25 years F30and to whom this regulation applies to participate in an employment zone programme if, in the period immediately preceding the date on which the direction is made, the claimant—
a
was entitled to a jobseeker’s allowance for a continuous period of at least six months after participating in a New Deal for Young People programme or an employment zone programme pursuant to the Employment Zones Regulations;
b
was entitled to a jobseeker’s allowance for a cumulative period of at least six months after participating in a New Deal for Young People programme or an employment zone programme pursuant to the Employment Zones Regulations provided that any breaks in that period of entitlement do not exceed a period of 28 days in total; or
c
had participated in an employment zone programme pursuant to the Employment Zones Regulations in the previous twelve months but did not complete the programme.
F313
The employment officer shall notify the claimant in writing that he is required to participate in the employment zone programme.
4
A claimant to whom paragraph (1A)(c) or (2)(c) applies shall be treated as having completed so much of an employment zone programme for the purposes of regulations 4 and 5 as is equal to the period of his previous participation in the employment zone programme.
F335
Where there is more than one employment zone contractor providing an employment zone programme in the claimant’s zone, the claimant may (subject to paragraphs (6) and (7)) select the contractor with whom he will participate in the programme.
6
If the claimant has previously begun but not completed an employment zone programme provided by a particular contractor operating in the claimant’s zone, an employment officer may direct the claimant to participate in the programme with that contractor.
7
If the claimant fails to choose a contractor when requested to do so by an employment officer, the officer may direct him to participate in the programme with a particular contractor.
8
In this regulation—
“the claimant’s zone” means the employment zone in which the claimant is ordinarily resident or in which his address for payment of his jobseeker’s allowance is located;
“employment zone contractor” means a person who is providing an employment zone programme on behalf of the Secretary of State.
F32Early entry to an employment zone programme3
1
An employment officer may direct a claimant who is aged 25 years or over to participate in an employment zone programme where—
a
the claimant has asked to participate in an employment zone programme;
b
his personal circumstances place him at a significant disadvantage in obtaining employment; and
c
he is ordinarily resident within an employment zone or his address for payment of his jobseeker’s allowance is located within an employment zone.
2
An employment officer may direct a claimant who is aged 18 years or over but less than 25 years to participate in an employment zone programme where—
a
the claimant has asked to participate in an employment zone programme;
b
his personal circumstances place him at a significant disadvantage in obtaining employment;
c
he has participated in a New Deal for Young People programme; and
d
he is ordinarily resident within an employment zone or his address for payment of his jobseeker’s allowance is located within an employment zone.
3
The employment officer shall notify the claimant in writing that he is required to participate in the employment zone programme.
Stages of employment zone programme4
1
An employment zone programme shall consist of two stages—
a
the first stage shall last for a F20maximum period of 28 days excluding public holidays;
b
the second stage shall last for a maximum period of 26 weeks.
2
A claimant begins to participate in the first stage of an employment zone programme on the day when he attends an initial interview with an employment officer who is an employment zone programme adviser following a direction given under regulation 2 or 3.
3
F21A claimant shall cease to participate in the first stage on such day as may be specified by an employment officer in a written notification to the claimant.
4
A claimant begins to participate in the second stage of an employment zone programme on the day specified by an employment officer in a written notification to the claimant.
5
F22A claimant shall cease to participate in the second stage on such day as may be specified by an employment officer in a written notification to the claimant.
F236
In this regulation “public holiday” means Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of Great Britain.
Modification of the requirements of the Jobseekers Act 19955
1
During the claimant’s participation in the first stage of an employment zone programme the requirements for receipt of a jobseeker’s allowance specified in section 1(2) of the Jobseekers Act 1995 F6 are modified by suspension of the requirement in section 1(2)(b) of that Act that the claimant has entered into a jobseeker’s agreement which remains in force.
2
During the claimant’s participation in the second stage of an employment zone programme the requirements for receipt of a jobseeker’s allowance specified in section 1(2) of the Jobseekers Act 1995 F7 are modified by the suspension of the requirements in section 1(2)(a) to (c) of that Act that the claimant—
a
be available for employment;
b
has entered into a jobseeker’s agreement which remains in force; and
c
is actively seeking employment.
Amendment of the Jobseeker’s Allowance Regulations 19966
In regulation 75(1)(a) of the Jobseeker’s Allowance Regulations 1996 F8 for head (iii) F9 substitute—
employment zone programme, being a programme established by the Secretary of State pursuant to section 60 of the Welfare Reform and Pensions Act 1999 for an employment zone designed to assist claimants for a jobseeker’s allowance to obtain sustainable employment and subject to the Employment Zones Regulations 2000 or the Employment Zones Regulations 2003.
F14Cessation7
1
Subject to paragraph (2), F24where the Secretary of State is satisfied that a person to whom a direction given under regulation 2 or 3 would otherwise apply is no longer ordinarily resident within an employment zone or, in the case of a person to whom regulation 3 applies, his address for payment of his jobseeker’s allowance is no longer within an employment zone, then—
a
any sanction incurred by that person under sections 19 or 20A of the Jobseekers Act 1995 as a result of his refusing or failing to participate in, or giving up a place on an employment zone programme shall end; and
b
subject to paragraph (2), these Regulations shall cease to apply to that person.
2
Where that person asks to complete an employment zone programme in which he is participating, regulations 4 and 5 of these Regulations shall continue to apply until he ceases to participate in that programme but he shall not incur a sanction under section 19 or 20A of the Jobseekers Act 1995 if, for whatever reason, he subsequently refuses or fails to participate in, or gives up his place on that programme.
Revocation and Saving8
1
Subject to paragraph (2), the Employment Zone Regulations 2000 are hereby revoked.
2
In the case of a claimant to whom notice to attend an initial interview has been sent in accordance with regulation 5 of the Employment Zones Regulations 2000 before 26th April 2004, those Regulations shall continue to apply until the claimant has completed the employment zone programme or is notified by an employment officer that he is no longer required to participate in an employment zone programme subject to the Employment Zones Regulations 2000.
Signed by authority of the Secretary of State for Work and Pensions.
1999 c. 30; subsection (9) is an interpretation provision cited for the meaning given to the words “employment” and “prescribed”.