The Training for Work (Miscellaneous Provisions) (Amendment) Order 1998

Made: 9th June 1998

Laid before Parliament: 10th June 1998

Coming into force: 3rd July 1998

Now, therefore, the Secretary of State, in exercise of those powers, makes the following order:—

Citation, commencement and application

1

• (1) This Order may be cited as the Training for Work (Miscellaneous Provisions) (Amendment) Order 1998 and shall come into force on 3rd July 1998.

• (2) This Order applies, subject to paragraph (4), with effect from the date of its coming into force,—

• (a) in the case of any person who was a Training for Work Participant at any time prior to the date of coming into force of this Order and whose participation under those arrangements, whether known as Training for Work or work based training for adults, continues, or, as the case may be, continued after that date;

• (b) in the case of any person who was a participant in work based training for adults at any time prior to the date of coming into force of this Order and whose participation under those arrangements, continues, or, as the case may be, continued after that date; and

• (c) in the case of any other person who, on or after the date of the coming into force of this Order became or becomes a participant in work based training for adults.

• (3) For the purposes of paragraph (2) a person is, or, as the case may be, was a participant in work based training for adults if he is, or, as the case may be, was using facilities provided in pursuance of the arrangements known by that name.

• (4) Nothing in this Order shall affect the treatment provided for by the principal Order of any payment in respect of any period before the coming into force of this Order.

Amendment of the principal Order

2

• (1) Where this Order applies, the principal Order shall have effect subject to the amendments provided for in this Article.

• (2) For the words “Training for Work”, wherever they appear, except in the case of reference to the title of the principal Order or of the 1993 Order, there shall be substituted the words “work based training for adults”.

• (3) The Schedule to this Order shall be substituted for the Schedule to the principal Order.

SCHEDULE — LIST OF SUBORDINATE LEGISLATION

• The Social Security (Credits) Regulations 1975⁴

• The Social Security (Overlapping Benefits) Regulations 1979⁵

• The Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983⁶

• The Income Support (General) Regulations 1987⁷

• The Social Security (Claims and Payments) Regulations 1987⁸

• The Income Support (Transitional) Regulations 1987⁹

• The Housing Benefit (General) Regulations 1987¹⁰

• The Family Credit (General) Regulations 1987¹¹

• The Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1989¹²

• The Students' Allowances (Scotland) Regulations 1991¹³

• The Income Support (General) Amendment No. 4 Regulations 1991¹⁴

• The Income Support (General) Amendment No. 6 Regulations 1991¹⁵

• The Disability Working Allowance (General) Regulations 1991¹⁶

• The Child Support (Maintenance Assessment Procedure) Regulations 1992¹⁷

• The Council Tax Benefit (General) Regulations 1992¹⁸

• The Child Support (Maintenance Assessment and Special Cases) Regulations 1992¹⁹

• The Education Authority Bursaries (Scotland) Regulations 1995²⁰

• The Jobseeker’s Allowance Regulations 1996²¹

• The Jobseeker’s Allowance (Transitional Provisions) Regulations 1996²²

• The Social Security (Back to Work Bonus) (No. 2) Regulations 1996²³

• The Housing Renewal Grants Regulations 1996²⁴

• The Education (Mandatory Awards) Regulations 1997²⁵

Signed

Signed by order of the Secretary of State.

Andrew Smith — Minister of State, — Department for Education and Employment — 9th June 1998

Explanatory note

(This note is not part of the Order)

This Order amends the Training for Work (Miscellaneous Provisions) Order 1995 (S.I. 1995/1780) to take account of a change in the name given to the arrangements formerly known as Training for Work to work based training for adults.

The Training for Work (Miscellaneous Provisions) Order 1995 provides that, for the purposes of Part I of the Social Security Contributions and Benefits Act 1992 (c. 4) and the Jobseekers Act 1995 (c. 18) and of the subordinate legislations specified in the Schedule to the Order,

• (a) a person using facilities provided under those arrangements and receiving training allowances in connection with the use of the facilities shall be treated as participating in arrangements for training under section 2 of the Employment and Training Act 1973 (c. 50). Any payment made to such a person in connection with his use of those facilities shall be treated in the same manner as a payment made in respect of such training; and

• (b) a person using facilities under the arrangements and receiving remuneration from an employer instead of training allowances in connection with the use of the facilities shall be treated as employed by that employer. Any payment made to such a person by the employer in connection with his use of those facilities shall be treated as earnings.

This Order, where it applies (see Article 1(2)), substitutes the name “work based training for adults” for “Training for Work”. Where it applies it also substitutes a new Schedule for the Schedule to the 1995 Order.

Footnotes