2006 No. 962

SOCIAL SECURITY

The Employment Zones (Allocation to Contractors) Pilot Regulations 2006

Made

Coming into force

These Regulations are made in exercise of the powers conferred by sections 60(1) to (3) and (9) and 83(4), (6) and (9) of the Welfare Reform and Pensions Act 19991 and sections 19(10)(c), 29(1), (3) and (5) and 36(2) and (4) of the Jobseekers Act 19952.

These Regulations, so far as section 29(1) of the Jobseekers Act 1995 applies to them, are made with a view to ascertaining whether their provisions will, or will be likely to, encourage persons to obtain work or will, or will be likely to, facilitate the obtaining by persons of work3.

The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to it4.

A draft of this instrument was laid before Parliament in accordance with section 37(2) of the Jobseekers Act 1995 and approved by a resolution of each House of Parliament.

Accordingly the Secretary of State for Work and Pensions makes the following Regulations:

Citation, commencement and duration1

1

These Regulations may be cited as the Employment Zones (Allocation to Contractors) Pilot Regulations 2006 and shall come into force on 24th April 2006.

2

These Regulations shall cease to have effect on 23rd April 2007 unless revoked with effect from an earlier date.

Interpretation2

1

In these Regulations—

  • “the 1995 Act” means the Jobseekers Act 19955;

  • “the 1999 Act” means the Welfare Reform and Pensions Act 19996;

  • “claimant” means a claimant for a jobseeker’s allowance7;

  • “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 1995 Act by an order made by the Secretary of State;

  • “employment zone” means an area within Great Britain listed in the Schedule as an area designated by the Secretary of State pursuant to section 60 of the 1999 Act as an area in which an employment zone programme subject to these Regulations is established;

  • “employment zone contractor” means a person who is providing an employment zone programme on behalf of the Secretary of State;

  • “employment zone programme” means a programme which is designed to assist claimants to obtain sustainable employment and which is established by the Secretary of State pursuant to section 60 of the 1999 Act for an employment zone;

  • Employment Zones Regulations” means the Employment Zones Regulations 20038, the Employment Zones (Allocation to Contractors) Pilot Regulations 20049 or the Employment Zones (Allocation to Contractors) Pilot Regulations 200510;

  • “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 197311 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 199612.

2

An employment programme for the purposes of section 19(5) of the 1995 Act13 includes an employment zone programme in which a claimant is required to participate under regulation 3, 4, 5 or 9 of these Regulations.

Referral to an employment zone programme3

1

An employment officer may, on a sampling basis, select a claimant who is aged 25 years or over to participate in an employment zone programme with a particular employment zone contractor where—

a

the claimant is ordinarily resident within an employment zone or his address for payment of his jobseeker’s allowance is located within an employment zone; and

b

in the period immediately preceding the date on which the selection is made the claimant—

i

was entitled to a jobseeker’s allowance for a continuous period of at least 18 months;

ii

was entitled to a jobseeker’s allowance for a cumulative total of at least 18 months out of the previous 21 months; or

iii

had participated in an employment zone programme pursuant to the Employment Zones Regulations or these Regulations in the previous twelve months but did not complete the programme.

2

An employment officer may, on a sampling basis, select a claimant who is aged 18 years or over but less than 25 years to participate in an employment zone programme with a particular employment zone contractor where—

a

the claimant is ordinarily resident within an employment zone or his address for payment of his jobseeker’s allowance is located within an employment zone; and

b

in the period immediately preceding the date on which the selection is made the claimant—

i

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 or these Regulations;

ii

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 or these Regulations without any break in that period of entitlement exceeding a period of 28 days in total; or

iii

had participated in an employment zone programme pursuant to the Employment Zones Regulations or these Regulations in the previous twelve months but did not complete the programme.

3

The employment officer shall notify the claimant in writing that he is required to participate in the employment zone programme provided by that employment zone contractor.

4

A claimant to whom paragraph (1)(b)(iii) or (2)(b)(iii) applies shall be treated as having completed so much of an employment zone programme for the purposes of regulations 6 and 7 as is equal to the period of his previous participation in the employment zone programme.

Early entry to an employment zone programme4

1

An employment officer may, on a sampling basis, select a claimant who is aged 25 years or over to participate in an employment zone programme with a particular employment zone contractor 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, on a sampling basis, select a claimant who is aged 18 years or over but less than 25 years to participate in an employment zone programme with a particular employment zone contractor 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 provided by that employment zone contractor.

Requirement to complete an employment zone programme5

1

This regulation applies where a claimant—

a

has participated in an employment zone programme under the Employment Zones Regulations or these Regulations in the twelve months immediately preceding the date on which he is notified by an employment officer that he is required to complete an employment zone programme;

b

he is ordinarily resident within an employment zone or his address for payment of his jobseeker’s allowance is located within an employment zone;

c

he did not complete the previous employment zone programme; and

d

the same employment zone contractor provides an employment zone programme in the employment zone.

2

Where this regulation applies, an employment officer may notify the claimant that he is required to attend and complete an employment zone programme with the same employment zone contractor.

3

That claimant shall be treated as having completed so much of an employment zone programme for the purposes of regulations 6 and 7 as is equal to the period of his previous participation in the employment zone programme.

Stages of an employment zone programme6

1

An employment zone programme shall consist of two stages—

a

the first stage shall last for a maximum period of 28 days excluding any 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 a programme adviser following a written notification of his selection for participation given under regulation 3 or 4.

3

A claimant shall cease to participate in the first stage on the day 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

A claimant shall cease to participate in the second stage on the day specified by an employment officer in a written notification to the claimant.

6

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 197114 in any part of Great Britain;

  • “programme adviser” means an employment officer designated by the Secretary of State as an employment zone programme adviser.

Suspension of the requirements of the Jobseekers Act 19957

1

During the claimant’s participation in the first stage of an employment zone programme the condition for receipt of a jobseeker’s allowance specified in section 1(2)(b) of the 1995 Act that the claimant has entered into a jobseeker’s agreement which remains in force is suspended.

2

During the claimant’s participation in the second stage of an employment zone programme the conditions for receipt of a jobseeker’s allowance specified in section 1(2) of the 1995 Act shall apply with the suspension of the conditions in section 1(2)(a) to (c) of that Act that the claimant—

a

is 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 19968

1

In the case of a person who is selected to participate in an employment zone programme with a particular employment zone contractor under regulation 3 or 4 or who is required to attend and complete an employment zone programme under regulation 5, regulation 75(1)(a)(iii) of the Jobseeker’s Allowance Regulations 1996 shall apply with the addition of the words “, or the Employment Zones (Allocation to Contractors) Pilot Regulations 2006” after the words “the Social Security (Working Neighbourhoods) Regulations 2004”15.

2

Where the Secretary of State is satisfied that a person to whom paragraph (1) would otherwise apply is neither—

a

ordinarily resident within an employment zone, nor

b

someone whose address for payment of his jobseeker’s allowance is within an employment zone,

then any relevant sanction incurred by that person shall end and these Regulations shall cease to apply.

3

However, where that person asks to complete an employment zone programme in which he is participating, these Regulations, other than paragraph (1) of this regulation, shall continue to apply.

4

In paragraph (2) “relevant sanction” means a sanction incurred by that person under section 19 or 20A16 of the 1995 Act as a result of his refusing or failing to participate in, or giving up a place on an employment zone programme as specified in regulation 75(1)(a)(iii) of the Jobseeker’s Allowance Regulations 1996 (as modified by paragraph (1)).

Transitional Arrangements9

1

This regulation applies to a claimant—

a

who—

i

was selected to participate in an employment zone programme under regulation 3 or 4 of the Employment Zones (Allocation to Contractors) Pilot Regulations 200517 before the 24th April 2006; or

ii

was required by virtue of regulation 8 of those Regulations, to participate in an employment zone programme; and

b

who has not completed the employment zone programme before those Regulations expired.

2

The references to regulation 3 or 4 in regulation 6(2) and 8(1) of these Regulations shall be read in relation to a claimant to whom this regulation applies as references to regulation 3 or 4 of the Employment Zones (Allocation to Contractors) Pilot Regulations 200418 or, as the case may be, the Employment Zones (Allocation to Contractors) Pilot Regulations 2005.

3

A claimant to whom this regulation applies shall be treated as completing so much of an employment zone programme for the purposes of regulations 6 and 7 as is equal to the period of his participation in the employment zone programme under the Employment Zones (Allocation to Contractors) Pilot Regulations 2005.

Signed by authority of the Secretary of State for Work and Pensions.

Margaret HodgeMinister of State,Department for Work and Pensions

SCHEDULEAREAS DESIGNATED BY THE SECRETARY OF STATE

Regulation 2

The Birmingham Employment Zone1

The area designated as the Birmingham Employment Zone consists of:

  • the following wards within the City of Birmingham:

  • Acocks Green, Aston, Bordesley Green, Edgbaston, Handsworth Wood, Harborne, Hodge Hill, Kingstanding, Ladywood, Lozells and East Handsworth, Nechells, Oscott, Perry Barr, Quinton, Shard End, Sheldon, Soho, South Yardley, Stechford and Yardley North, Stockland Green, Tyburn, Washwood Heath;

  • the ward of Bartley Green except the following postcodes:

  • B29 4HD

    B29 4HE

    B29 5RN

    B29 5RP

    B29 5RR

    B29 5RS

    B29 5RT

    B29 5RU

    B29 5TY

    B29 5UA

    B29 5UF

    B29 5UG

    B29 5UT

    B29 5UW

    B29 5UY

    B29 5XA

    B29 5XB

    B29 5XD

    B29 5XE

    B29 5XG

    B29 5XP

    B29 5XR

    B29 5XS

    B29 5XY

    B29 5XZ

    B29 5ZE

    B31 1DE

    B31 1DF

    B31 1DR

    B31 1DS

    B31 1DT

    B31 1DW

    B31 1DX

    B31 1DZ

    B31 1EF

    B31 1EP

    B31 1ER

    B31 1ES

    B31 1ET

    B31 1EU

    B31 1EW

    B31 1EX

    B31 1EY

    B31 1EZ

    B31 1HA

    B31 1HB

    B31 1HD

    B31 1HF

    B31 1HG

    B31 1HY

    B31 1PN

    B31 1TT

    B32 3DU

    B32 3DX

    B32 3DY

    B32 3DZ

    B32 3EA

    B32 3XL

  • the ward of Erdington except the following postcodes:

  • B23 5JX

    B23 5JY

    B23 5LB

    B23 5LD

    B23 5QQ

    B23 5QY

    B24 0HD

    B72 1AG

    B72 1AJ

    B73 5JR

  • the ward of Sparkbrook except the following postcodes:

  • B12 9LX

    B12 9LY

    B12 9LZ

    B12 9NA

    B12 9NB

    B12 9ND

    B12 9NE

    B12 9NG

    B12 9NH

    B12 9NJ

    B12 9NL

    B12 9NN

    B12 9NQ

    B12 9NR

    B12 9NS

    B12 9NT

    B12 9NU

    B12 9NW

    B12 9NX

    B12 9PE

    B12 9PG

    B12 9PH

    B12 9PL

    B12 9PN

    B12 9PQ

    B12 9PR

    B12 9PS

    B12 9PT

    B12 9PU

    B12 9PW

    B12 9PX

    B12 9PY

    B12 9QA

    B12 9QB

    B12 9QD

    B12 9QE

    B12 9QF

    B12 9RN

    B12 9RP

    B12 9RR

    B12 9RS

    B12 9RW

    B12 9SE

    B12 9ZA

  • the ward of Springfield except the following postcodes:

  • B13 0AG

    B13 0AH

    B13 0AJ

    B13 0AL

    B13 0AN

    B13 0AP

    B13 0AQ

    B13 0AR

    B13 0AS

    B13 0AT

    B13 0AU

    B13 0AW

    B13 0AX

    B13 0AY

    B13 0BA

    B13 0BB

    B13 0BG

    B13 0BH

    B13 0BJ

    B13 0BL

    B13 0BN

    B13 0TA

    B13 0TB

    B13 0TF

    B13 0TG

    B13 0TH

    B13 0TJ

    B13 0TQ

    B13 0TT

    B13 0TU

    B13 0TX

    B13 0TY

    B13 0UA

    B13 0UB

    B13 9JN

    B13 9JP

    B13 9JQ

    B13 9JR

    B13 9JS

    B13 9JW

    B13 9JX

    B13 9LE

    B13 9LF

    B13 9LG

    B13 9LQ

    B13 9LS

    B13 9LT

    B13 9LU

    B13 9LX

    B13 9LY

    B13 9LZ

    B13 9NA

    B13 9ND

    B13 9NG

    B13 9NH

    B13 9NJ

    B13 9NL

    B13 9NN

    B13 9NR

    B13 9NS

    B13 9NT

    B13 9NU

    B13 9NX

    B13 9PX

    B13 9PY

    B13 9PZ

    B13 9QD

    B13 9QE

    B13 9QF

    B13 9QG

    B13 9QH

    B13 9QJ

    B13 9QL

    B13 9QN

    B13 9QP

    B13 9QR

    B13 9QW

    B13 9XA

    B13 9XB

    B13 9XD

    B13 9XE

    B13 9XG

    B13 9XH

    B13 9XJ

    B13 9XL

    B13 9YD

    B13 9YE

    B13 9YF

    B13 9YP

    B13 9YQ

    B13 9YR

    B13 9YS

  • the following postcodes within the ward of Moseley and Kings Heath:

  • B12 8QD

    B12 9AA

    B13 8AT

    B13 8AY

    B13 8AZ

    B13 8BA

    B13 8BB

    B13 8BD

    B13 8BE

    B13 8BH

    B13 8BJ

    B13 8BL

    B13 8BN

    B13 8BQ

    B13 8BS

    B13 8BT

    B13 8BU

    B13 8BW

    B13 8BX

    B13 8DG

    B13 8DQ

    B13 8ED

    B13 8EE

    B13 8EF

    B13 8EG

    B13 8EH

    B13 8EJ

    B13 8EL

    B13 8EN

    B13 8HR

    B13 8HS

    B13 8HT

    B13 8HW

    B13 9AA

    B13 9AB

    B13 9AD

    B13 9AE

    B13 9AF

    B13 9AG

    B13 9AH

    B13 9AJ

    B13 9AN

    B13 9AP

    B13 9AR

    B13 9AS

    B13 9AU

    B13 9AW

    B13 9AX

    B13 9AY

    B13 9BA

    B13 9BE

    B13 9BN

    B13 9BP

    B13 9BS

    B13 9BT

    B13 9BU

    B13 9BX

    B13 9BY

    B13 9BZ

    B13 9DA

    B13 9DB

    B13 9DE

    B13 9DF

    B13 9DH

    B13 9DL

    B13 9DN

    B13 9DP

    B13 9DQ

    B13 9DS

    B13 9DT

    B13 9DU

    B13 9DX

    B13 9DY

    B13 9DZ

    B13 9EA

    B13 9EB

    B13 9ED

    B13 9EX

    B13 9FE

    B13 9FF

    B13 9HB

    B13 9HD

    B13 9HE

    B13 9HF

    B13 9HH

    B13 9HJ

    B13 9HL

    B13 9HN

    B13 9HP

    B13 9HR

    B13 9HS

    B13 9HT

    B13 9HU

    B13 9JF

    B13 9JG

    B13 9JT

    B13 9XN

    B13 9XP

    B13 9XR

    B13 9XS

    B13 9XT

    B13 9XU

    B13 9XW

    B13 9XX

    B13 9XY

    B13 9XZ

    B13 9YA

    B13 9YB

    B13 9YJ

    B13 9YL

    B13 9YN

    B13 9YW

  • the following postcodes within the ward of Selly Oak:

  • B29 5SL

    B29 6SS

    B29 6ST

    B29 6SU

    B29 6SX

    B29 6SY

    B29 6TA

    B29 6TB

    B29 6TD

    B29 6TE

    B29 6TF

    B29 6TG

    B29 6TR

    B29 6TS

The Brent and Haringey Employment Zone2

The area designated as the Brent and Haringey Employment Zone consists of:

  • all the wards within the London Borough of Brent;

  • all the wards within the London Borough of Haringey;

  • the following areas within the London Borough of Camden:

  • those areas within the wards of Fortune Green, West Hampstead or Kilburn with a postcode beginning NW6;

  • the following areas within the London Borough of Westminster:

  • those areas within the wards of Queen’s Park, Harrow Road, Maida Vale, Little Venice, Abbey Road or Westbourne with a postcode beginning NW6, W9 2 or W9 3.

The Glasgow Employment Zone3

The area designated as the Glasgow Employment Zone consists of all the wards within Glasgow City.

The Liverpool and Sefton Employment Zone4

The area designated as the Liverpool and Sefton Employment Zone consists of:

  • all the wards within the City of Liverpool;

  • the following wards within the Borough of Sefton:

  • Church, Derby, Ford, Linacre, Litherland, Netherton and Orrell, St Oswald;

  • the ward of Victoria except the following postcodes:

    L23 2RA

    L23 2RB

    L23 2RD

    L23 2RE

    L23 2RJ

    L23 2RL

    L23 2RN

    L23 2RP

    L23 2RR

    L23 2RS

    L23 2RT

    L23 2RU

    L23 2RY

    L23 2RZ

    L23 2UF

    L23 2UL

    L23 2UP

    L23 2UQ

    L23 2UR

    L23 2US

    L23 2UT

    L23 2UU

    L23 2UX

    L23 2UY

    L23 2UZ

    L23 2WZ

    L23 2XA

    L23 2XH

    L23 2XN

    L23 9TD

    L23 9TH

    L23 9TJ

the following postcodes within the ward of Manor:

L23 0SG

L23 0SN

L23 0SQ

L23 0TF

L23 0TH

L23 9SR

L30 0RG

L30 0RL

The Southwark Employment Zone5

The area designated as the Southwark Employment Zone consists of:

  • all the wards within the London Borough of Southwark;

  • the following area within the London Borough of Lewisham:

  • the area within the ward of Evelyn with the postcode SE8 5EQ.

The Tower Hamlets and Newham Employment Zone6

The area designated as the Tower Hamlets and Newham Employment Zone consists of:

  • all the wards within the London Borough of Tower Hamlets;

  • the following wards within the London Borough of Newham:

  • Royal Docks, Stratford and New Town, Forest Gate North, Forest Gate South, Green Street West, West Ham, Plaistow North, Plaistow South, Canning Town North, Canning Town South, Custom House.

(This note is not part of the Regulations)

These Regulations make provision for a pilot scheme for jobseeker’s allowance claimants to participate in a compulsory employment zone programme with a particular employment zone contractor. The six areas of Great Britain designated as employment zones for the purpose of these Regulations are listed in the Schedule to these Regulations. The Regulations come into force on 24th April 2006 and will expire on 23rd April 2007 unless revoked earlier.

Regulation 3 specifies those people who may be selected by an employment officer to participate in an employment zone programme with a particular employment zone contractor. Subject to certain conditions, these are jobseeker’s allowance claimants who live within an area designated as an employment zone and listed in the Schedule.

Regulation 4 makes provision for certain jobseeker’s allowance claimants who are at a significant disadvantage in the labour market to apply voluntarily to an employment officer for selection to participate in an employment zone programme with a particular employment zone contractor.

Regulation 5 provides for jobseeker’s allowance claimants who have begun an employment zone programme in the previous twelve months but have not completed that programme to be required to complete an employment zone programme with the same employment zone contractor.

Regulation 6 sets out the two stages of an employment zone programme.

Regulation 7 makes provision for certain conditions for entitlement to a jobseeker’s allowance relating to availability for work, a jobseeker’s agreement and actively seeking work to be suspended whilst people are participating in an employment zone programme.

Regulation 8(1) provides that regulation 75(1)(a)(iii) of the Jobseeker’s Allowance Regulations 1996 (S.I.1996/207) shall apply to people selected to participate in an employment zone programme with a particular contractor and to people who have not completed an employment zone programme and are required to return to complete the programme with the same contractor in accordance with these Regulations. The effect is to enable a sanction to be imposed under section 19 or 20A of the Jobseekers Act 1995 if a person without good cause refuses or fails to participate in an employment zone programme with a particular employment zone contractor. Where the Secretary of State is satisfied that such a person is neither ordinarily resident within an employment zone, nor someone whose address for payment of his jobseeker’s allowance is within an employment zone, paragraph (2) provides that if a sanction has been incurred it shall end and the Regulations shall cease to apply, except where a person who has already begun an employment zone programme requests to be allowed to complete that programme.

Regulation 9 requires a person who was participating in an employment zone programme under the Employment Zones (Allocation to Contractors) Pilot Regulations 2005 (S.I.2005/1125) before 24th April 2006 to complete the programme under these Regulations.

A full regulatory impact assessment has not been produced for this instrument because it has no impact on the costs of business.