The Social Security (Flexible New Deal) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Jobseeker’s Allowance Regulations 1996 (“the Jobseeker’s Allowance Regulations”) on account of the introduction of the employment programme known as the Flexible New Deal and the attendance by jobseeker’s allowance claimants at a Back to Work session.

In particular, they amend regulation 75 of the Jobseeker’s Allowance Regulations so that the employment programme know as the Flexible New Deal is an employment programme for the purposes of sections 19 and 20A of the Jobseekers Act 1995 (“the 1995 Act”) and the Jobseeker’s Allowance Regulations (see regulation 2(5) of these Regulations). The effect is that if a person, without good cause, refuses or fails to participate in the programme, or loses their place on the programme due to misconduct, that person will receive a sanction under section 19 or 20A of the 1995 Act.

These Regulations amend regulation 69 of the Jobseeker’s Allowance Regulations to provide for the sanction period for an act or omission relating to the Flexible New Deal. A sanction may be of 2, 4 or 26 weeks’ duration (see regulation 2(3)).

They also amend regulation 69 with the effect that a person who fails to take part in a Back to Work Session when directed to do so by an employment officer may lose one week’s benefit for each failure (see regulation 2(3)(c)).

These Regulations provide for an additional case where a person is to be regarded as having good cause for the purposes of section 19(5)(b) and 20A(2)(b) of the 1995 Act. The circumstances relate to where the person is not notified that they are required to take part in the Flexible New Deal (see regulation 2(4)).

Where a jobseeker’s allowance is not payable to a person as a result of an act or omission relating to their participation in the Flexible New Deal or as the result of a failure to take part in a Back to Work Session when directed to do so, these Regulations amend the Jobseeker’s Allowance Regulations to provide that the person shall not be a person in hardship (see regulation 2(8) and (10)). Where the sanction relates to the Flexible New Deal, they also amend those Regulations to prescribe the period during which a person shall not be a person in hardship (see regulation 2(9) and (11)). The effect of these amendments is that the allowance that would otherwise be available to a person in hardship is not available to a person who is subject to a sanction during the period they are required to take part in the Flexible New Deal or for 14 days, whichever is the longer.

Regulation 2 also amends the Jobseeker’s Allowance Regulations concerning notional income and notional capital in relation to Flexible New Deal participants. Regulation 3 ensures that certain payments made in connection with a person’s participation in the Flexible New Deal are also not treated as either notional income or notional capital for the purposes of entitlement to housing or council tax benefit.

Regulation 4 amends the Housing Renewal Grants Regulations 1996 with the result that certain payments of child care expenses reimbursed in consequence of a person’s participation in the Flexible New Deal shall be disregarded in the calculation of income.

The Report of the Social Security Advisory Committee dated 9th December 2008 on the proposals referred to them in respect of these Regulations together with a statement showing the extent to which these Regulations give effect to the recommendations of the Committee, and in so far as they do not give effect to them, the reasons why not, are contained in Command Paper Cm 7566 published by the Stationery Office Ltd.

A full impact assessment has not been produced for this instrument as it has no impact on the private or voluntary sectors.