The Social Security (Preparation for Employment Programme 50 to 59 Pilot) Regulations (Northern Ireland) 2006

Made: 28th February 2006

Coming into operation: 3rd April 2006

The Department for Social Development makes the following Regulations in exercise of the powers conferred by Articles 21(10)(c), 31(1) and (3) and 36(2) of the Jobseekers (Northern Ireland) Order 1995[^f00001] and now vested in it[^f00002]. The Regulations 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 work[^f00003].

Citation, commencement and duration

1

• (1) These Regulations may be cited as the Social Security (Preparation for Employment Programme 50 to 59 Pilot) Regulations (Northern Ireland) 2006 and shall come into operation on 3rd April 2006.

• (2) These Regulations shall cease to have effect on 1st April 2007 unless revoked with effect from an earlier date.

Interpretation

2

• (1) In these Regulations——

• “office” means an office of the Department or of the Department for Employment and Learning,

• “benefit” means a jobseeker’s allowance or any earnings credited to a person in accordance with regulation 8A of the Social Security (Credits) Regulations (Northern Ireland) 1975[^f00004],

• “the Jobseeker’s Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996[^f00005].

• (2) In respect of any period throughout which a member of a joint-claim couple is receiving a joint-claim jobseeker’s allowance, the other member of that couple shall, for the purposes of regulation 3(3)(c), also be treated as receiving benefit throughout that period.

Application of Preparation for Employment Programme 50 to 59 Pilot

3

• (1) In relation to a person to whom paragraph (2) applies, regulation 75(1)(a)(v)[^f00006] of the Jobseeker’s Regulations (interpretation) shall be modified to the extent that for “any one individual aged 25 years or over and less than 50 years” there shall be substituted “any one individual aged 50 years or over and less than 60 years”

• (2) This paragraph shall apply to any person who meets the conditions specified in paragraph (3) and who is selected by an employment officer to participate in the Preparation for Employment Programme as specified in regulation 75(1)(a)(v) of the Jobseeker’s Regulations as modified by paragraph (1).

• (3) For the purposes of paragraph (2) the conditions are that he is a person——

• (a) who, between 3rd April 2006 and 1st April 2007 attends an office pursuant to a notification given or sent under regulation 23[^f00007] or 23A[^f00008] of the Jobseeker’s Regulations;

• (b) who, on the day he so attends, is aged 50 years or over and less than 60;

• (c) who has been receiving benefit for a cumulative period of at least 18 months in the previous 21 months, and

• (d) who has been given or sent a notice in writing by an employment officer notifying him of a place on the Preparation for Employment Programme as specified in regulation 75(1) (a)(v) of the Jobseeker’s Regulations as modified by paragraph (1), and advising him that if he fails to participate in that programme, his jobseeker’s allowance could cease to be payable or could be paid at a lower rate.

Signed

Sealed with the Official Seal of the Department for Social Development on 28th February 2006.

John O'Neill — A senior officer of the — Department for Social Development

Explanatory note

(This note is not part of the Regulations)

These Regulations establish a pilot scheme relating to persons who claim jobseeker’s allowance and who fulfil the criteria specified in regulation 3 as to age and period over which they have been receiving benefit.

The pilot scheme is to last from 3rd April 2006 to 1st April 2007 unless revoked with effect from an earlier date.

Regulation 3 modifies regulation 75(1)(a)(v) of the Jobseeker’s Allowance Regulations with the effect that if a person without good cause refuses or fails to participate in the employment programme known as the Preparation for Employment Programme or gives up his place on this programme, he will be subject to a sanction under Article 21 or 22A of the Jobseeker’s (Northern Ireland) Order 1995. The effect of this will be the loss or reduction of his jobseeker’s allowance for a period of 2, 4 or 26 weeks.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

These Regulations do not impose a charge on business.

Footnotes

[^f00001]: S.I. 1995/2705 (N.I. 15); Article 36(2) was amended by Article 4 and paragraph 55 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

[^f00002]: See Article 8(b) and Part II of Schedule 6 to, S.R. 1999 No. 481

[^f00003]: SeeArticle 31(8) of the Jobseeker’s (Northern Ireland) Order 1995 (S.I. 1995/2705) (N.I. 15)

[^f00004]: S.R. 1975 No. 113; regulation 8A was inserted by regulation 2(6) of S.R. 1996 No. 430 and amended by regulation 3 of S.R. 2000 No. 404, regulation 3 of S.R. 2001 No. 120 and regulation 2 of S.R. 2002 No. 80

[^f00005]: S.R. 1996 No. 198; relevant amending Regulations are S.R. 2000 Nos. 255 and 350 and S.R. 2001 No. 151

[^f00007]: Regulation 23 was substituted by regulation 2(2) of S.R. 2000 No. 255

[^f00008]: Regulation 23A was inserted by paragraph 2 of Schedule 2 to, S.R. 2000 No. 350