The Social Security (New Deal Pilot) Regulations 1998

Type Statutory-Instrument
Publication 1998-11-26
State In force
Department Queen's Printer of Acts of Parliament
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Made: 26th November 1998

Coming into force: 30th November 1998

Now, therefore, the Secretary of State for Education and Employment, in relation to Parts I and II of the Regulations, and the Secretary of State for Social Security, in relation to Part III of the Regulations, in exercise of the powers conferred by sections 6(4), 12(4)(a) and (b), 19(2), (8)(b) and (10)(c), 20(4) and (6), 21, 29(1), (3) and (6)(a), 35(1)2 and 36(1) and (2) of, and paragraph 1(2)(b) of Schedule 1 to, the Jobseekers Act 1995 and sections 123(1), 136(5)(a) and (b), 137(1) and (2)(d) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 19923 and of all other powers enabling each of them in that behalf, after consultation, in respect of provisions in these Regulations relating to housing benefit and council tax benefit, with organisations appearing to the Secretary of State for Social Security to be representative of the authorities concerned4 and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it5, and whereas these 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, hereby make the following Regulations:

PART I — GENERAL

Citation, commencement and duration

1

Interpretation

2

and any period of interruption which did not exceed 28 days shall be taken into account in calculating the periods referred to in regulations 3 to 5.

PART II — THE INTENSIVE ACTIVITY PERIOD OF THE NEW DEAL PILOTS FOR 25 PLUS

Application: persons aged 25 and over in receipt of benefit for 12 months

3

This regulation shall apply to any person who–

Application: persons aged 25 and over in receipt of benefit for 18 months

4

This regulation shall apply to any person who–

Application: volunteers

5

This regulation shall apply to any person who–

Sanction

6

(ii) either– (aa) where the determination mentioned in (i) above does not relate to the intensive activity period of the New Deal pilots for 25 plus, on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5), or (bb) where the determination mentioned in (i) above relates to the intensive activity period of the New Deal pilots for 25 plus, on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5) that relate to the intensive activity period of the New Deal pilots for 25 plus, and

Interpretation of section 19 of the Jobseekers Act 1995 and Part V of the Jobseeker’s Allowance Regulations

7

In relation to a person to whom regulation 3, 4 or 5 applies, “employment” in section 19 of the Act, except subsection (9), and in Part V of the Jobseeker’s Allowance Regulations means employed earner’s employment other than employed earner’s employment in which a person is employed whilst participating in the intensive activity period of the New Deal pilots for 25 plus; and “employed earner” shall be construed accordingly.

Availability for employment

8

, other than where he is a full-time student by virtue of undertaking an employment-related course as part of the intensive activity period of the New Deal pilots for 25 plus,

; and

Good Cause

9

Without prejudice to any other circumstances in which a person may be regarded as having good cause for any act or omission for the purposes of section 19(5)(b) of the Act, and in addition to the circumstances listed in regulation 73 of the Jobseeker’s Allowance Regulations, a person to whom regulation 3, 4 or 5 applies is to be regarded as having good cause for an act or omission in relation to the intensive activity period of the New Deal pilots for 25 plus for the purposes of section 19(5)(b) where he has already participated in the intensive activity period of the New Deal pilots for 25 plus for one continuous period of 13 weeks or two or more periods amounting in total to 13 weeks.

Payability of allowance

10

An income-based jobseeker’s allowance shall be payable to a person to whom regulation 3, 4 or 5 applies even though section 19 of the Act prevents payment of a jobseeker’s allowance to him if–

and the applicable amount of a person to whom this regulation applies shall be the amount determined in accordance with regulation 83, 84, 85, 86, 145 or 148 of the Jobseeker’s Allowance Regulations, as appropriate.

PART III — CONSEQUENTIAL PROVISIONS

Scope of Part III

11

Definition of “training allowance”

12

Remunerative work

13

(j) he is participating in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations

(l) he is participating in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations

(5A) A person shall not, for the purposes of these Regulations, be treated as engaged in remunerative work in any benefit week in which he is participating in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations.

(d) he is participating in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations.

Notional Income

14

(iv) in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (10)(a)(ii)

(13A) Paragraph (13) shall not apply– (a) to a claimant who is engaged by a charitable or voluntary organisation or who is a volunteer if the adjudication officer is satisfied in any of those cases that it is reasonable for him to provide those services free of charge; or (b) in a case where the service is performed in connection with the claimant’s participation in– (i) an employment or training programme in accordance with regulation 19(1)(q); or (ii) the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations.

(iv) in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (4)(a)(ii);

(6A) Paragraph (6) shall not apply– (a) to a claimant who is engaged by a charitable or voluntary organisation or who is a volunteer if the adjudication officer is satisfied in any of those cases that it is reasonable for him to provide those services free of charge; or (b) in a case where the service is performed in connection with the claimant’s participation in– (i) an employment or training programme in accordance with regulation 19(1)(q) of the Jobseeker’s Allowance Regulations 1996; or (ii) the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations.

(iv) in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (3)(a);

(5A) Paragraph (5) shall not apply– (a) to a claimant who is engaged by a charitable or voluntary organisation or who is a volunteer if the adjudication officer is satisfied in any of those cases that it is reasonable for him to provide those services free of charge; or (b) in a case where the service is performed in connection with the claimant’s participation in– (i) an employment or training programme in accordance with regulation 19(1)(q) of the Jobseeker’s Allowance Regulations 1996; or (ii) the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations.

(iv) in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (3)(a);

(4A) Paragraph (4) shall not apply– (a) to a claimant who is engaged by a charitable or voluntary organisation or who is a volunteer if the adjudication officer is satisfied in any of those cases that it is reasonable for him to provide those services free of charge; or (b) in a case where the service is performed in connection with the claimant’s participation in– (i) an employment or training programme in accordance with regulation 19(1)(q) of the Jobseeker’s Allowance Regulations 1996; or (ii) the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations.

Notional capital

15

(iv) in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (3)(a)(ii).

(iv) in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (3)(a).

Income to be disregarded

16

  • Any child care expenses reimbursed to the claimant in respect of his participation in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations but this paragraph does not apply to any part of any allowance under section 2(2)(d) of the 1973 Act.
  • Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations.

Capital to be disregarded

17

  • Any child care expenses reimbursed to the claimant in respect of his participation in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations but only for a period of 52 weeks from the date of receipt of the payment.
  • Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations but only for a period of 52 weeks from the date of receipt of the payment.

SCHEDULE 1

Region Pilot Areas Appropriate Office
London and South East Bexley & Greenwich Bexleyheath Jobcentre Eltham Jobcentre Erith Jobcentre Sidcup Jobcentre Woolwich Arsenal Jobcentre Woolwich Riverside Jobcentre
Portsmouth & SE Hampshire Portsmouth Central Jobcentre Portsmouth North Jobcentre
North West West Lancashire Ormskirk Jobcentre Skelmersdale Jobcentre
Wigan Ashton in Makerfield Jobcentre Atherton Jobcentre Hindley Jobcentre Leigh Jobcentre Wigan (Hallgate) Jobcentre Wigan (King Street) Jobcentre
Scotland Fife Cowdenbeath Jobcentre Dunfermline Jobcentre Leven Jobcentre
Western Isles Stornoway Jobcentre
South West Exeter & East Devon Axminster Jobcentre Exeter Jobcentre Exmouth Jobcentre Honiton Jobcentre Okehampton Jobcentre Sidmouth Jobcentre Tiverton Jobcentre
Wales West Wales Ammanford Jobcentre Carmarthen Jobcentre Fishguard Jobcentre Garnant Jobcentre Haverfordwest Jobcentre Llanelli Jobcentre Llandeilo Jobcentre Milford Haven Jobcentre Neyland Jobcentre Pembroke Dock Jobcentre Tenby Jobcentre Tumble Jobcentre
West Midlands Solihull Chelmsley Wood Jobcentre Solihull Jobcentre
Yorkshire and Humberside Sheffield Bailey Court Jobcentre Hillsborough Jobcentre Rockingham Court Jobcentre Sheffield (Peel House) Jobcentre

SCHEDULE 2

Region Pilot Areas Appropriate Office
East Midlands and Eastern Leicestershire Coalville Jobcentre Hinckley Jobcentre Leicester (Aquis House) Jobcentre Leicester (Charles Street) Jobcentre Leicester (Eldon Street) Jobcentre Leicester (Highcross Street) Jobcentre Leicester (Highfields) Jobcentre Loughborough Jobcentre Lutterworth Jobcentre Market Harborough Jobcentre Melton Mowbray Jobcentre Oakham Jobcentre Wigston Jobcentre
Suffolk and Waveney Bury St. Edmunds Jobcentre Beccles Jobcentre Felixstowe Jobcentre Ipswich Jobcentre Leiston Jobcentre Lowestoft Jobcentre Stowmarket Jobcentre Sudbury Jobcentre Woodbridge Jobcentre
London and South East Camden & North Islington Camden Town Jobcentre Finsbury Park Jobcentre
Ealing, Hillingdon, Hounslow & Richmond Acton Jobcentre Chiswick Jobcentre Ealing Jobcentre Feltham Jobcentre Hayes Jobcentre Heathrow Jobcentre Hounslow Jobcentre Richmond & Twickenham Jobcentre Ruislip Jobcentre Southall Jobcentre Uxbridge Jobcentre
Hackney & City Barnsbury Jobcentre Dalston Jobcentre Hackney Jobcentre Holborn Jobcentre Islington Jobcentre Shoreditch Jobcentre Victoria Park Jobcentre
North Essex Braintree Jobcentre Chelmsford Jobcentre Clacton Jobcentre Colchester High St Jobcentre Colchester Southway Jobcentre Harwich Jobcentre Witham Jobcentre
Southampton & SW Hampshire Eastleigh Jobcentre Hythe Jobcentre Lymington Jobcentre Romsey Jobcentre Southampton B Jobcentre Southampton C Jobcentre Woolston Jobcentre
Northern Teesside (Tees North) Billingham Jobcentre Hartlepool Jobcentre Stockton Jobcentre Thornaby Jobcentre
Tyneside North North Shields Jobcentre Wallsend Jobcentre West Moor Jobcentre Whitley Bay Jobcentre
Scotland Forth Valley Alloa Jobcentre Bo'ness Jobcentre Denny Jobcentre Falkirk Jobcentre Grangemouth Jobcentre Stirling Jobcentre
Lanarkshire Airdrie Jobcentre Cambuslang Jobcentre Cumbernauld Jobcentre East Kilbride Jobcentre Kilsyth Jobcentre Lanark Jobcentre Rutherglen Jobcentre Wishaw Jobcentre
South West Bristol & South Gloucester Bedminster Jobcentre Bishopsworth Jobcentre Bristol Central Jobcentre Broadweir Jobcentre Easton Jobcentre Filton Jobcentre Hartcliffe Jobcentre Kingswood Jobcentre Knowle Jobcentre Shirehampton Jobcentre Westbury-on-Trym Jobcentre Yate Jobcentre
Cornwall Bodmin Jobcentre Bude Jobcentre Camborne Jobcentre Hayle Jobcentre Helston Jobcentre Launceston Jobcentre Liskeard Jobcentre Looe Jobcentre Newquay Jobcentre Penryn & Falmouth Jobcentre Penzance Jobcentre Redruth Jobcentre St Austell Jobcentre St Ives Jobcentre Truro Jobcentre Wadebridge Jobcentre
Wales Bridgend & Glamorgan Valleys Aberdare Jobcentre Bridgend Jobcentre Ferndale Jobcentre Llantrisant Jobcentre Maesteg Jobcentre Mountain Ash Jobcentre Pontypridd Jobcentre Porth Jobcentre Porthcawl Jobcentre Pyle Jobcentre Tonypandy Jobcentre Tonyrefail Jobcentre Treorchy Jobcentre
West Midlands Coventry Cheylesmore Jobcentre Park Court Jobcentre Tile Hill Jobcentre
Hereford & Worcester Bromsgrove Jobcentre Droitwich Jobcentre Evesham Jobcentre Hereford Jobcentre Kidderminster Jobcentre Ledbury Jobcentre Leominster Jobcentre Malvern Jobcentre Pershore Jobcentre Redditch Jobcentre Ross-on-Wye Jobcentre Stourport-on-Severn Jobcentre Worcester Jobcentre
Yorkshire and Humberside Rotherham Chapletown Jobcentre Dinnington Jobcentre Maltby Jobcentre Rotherham Jobcentre Woodhouse Jobcentre
South Humber Barton Jobcentre Goole Jobcentre Grimsby (Bridge House) Jobcentre Grimsby (Viking House) Jobcentre Immingham Jobcentre Scunthorpe (Bridge House) Jobcentre Scunthorpe (Station House) Jobcentre

SCHEDULE 3

Region Pilot Areas Appropriate Office
East Midlands and Eastern Suffolk and Waveney Bury St. Edmunds Jobcentre Beccles Jobcentre Felixstowe Jobcentre Ipswich Jobcentre Leiston Jobcentre Lowestoft Jobcentre Stowmarket Jobcentre Sudbury Jobcentre Woodbridge Jobcentre
Northern Teesside (Tees North) Billingham Jobcentre Hartlepool Jobcentre Stockton Jobcentre Thornaby Jobcentre
South West Cornwall Bodmin Jobcentre Bude Jobcentre Camborne Jobcentre Hayle Jobcentre Helston Jobcentre Launceston Jobcentre Liskeard Jobcentre Looe Jobcentre Newquay Jobcentre Penryn & Falmouth Jobcentre Penzance Jobcentre Redruth Jobcentre St Austell Jobcentre St Ives Jobcentre Truro Jobcentre Wadebridge Jobcentre
West Midlands Hereford & Worcester Bromsgrove Jobcentre Droitwich Jobcentre Evesham Jobcentre Hereford Jobcentre Kidderminster Jobcentre Ledbury Jobcentre Leominster Jobcentre Malvern Jobcentre Pershore Jobcentre Redditch Jobcentre Ross-on-Wye Jobcentre Stourport-on-Severn Jobcentre Worcester Jobcentre

Signed

Signed for the purposes of Parts I and II of these Regulations on behalf of the Secretary of State for Education and Employment

Andrew Smith — Minister of State, — Department for Education and Employment — 23rd November 1998

Signed for the purposes of Part III of these Regulations on behalf of the Secretary of State for Social Security

Angela Eagle — Parliamentary Under Secretary of State, — Department of Social Security — 26th November 1998

Explanatory note

(This note is not part of the Regulations)

These Regulations establish a pilot scheme under the Jobseekers Act 1995 (“the 1995 Act”). The scheme relates to persons who claim a jobseeker’s allowance and who fulfil the criteria in regulation 3, 4 or 5 as to age, the period over which they have been receiving benefit and the location of appropriate offices at which they are claiming benefit, as identified in one of the Schedules.

Regulation 6 has the effect that if such a person without good cause refuses or fails to participate in the employment programme known as the intensive activity period of the New Deal pilots for 25 plus, or loses his place on such a programme due to misconduct, he will receive a sanction under section 19 of the 1995 Act and the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207) (“the 1996 Regulations”). The effect of this will be a two week or four week loss or reduction in his jobseeker’s allowance.

Regulation 7 has the effect that a person participating in the intensive activity period of the New Deal pilots for 25 plus shall be liable only to the employment programme sanctions under section 19(5) of the 1995 Act, rather than the sanctions under section 19(6).

Regulation 8 treats as available for employment in any week a person participating in the intensive activity period of the New Deal pilots for 25 plus and who is on an employment-related course for not less than 3 days in that week. Regulation 8 also disapplies regulation 15(a) of the 1996 Regulations (circumstances in which a person is not to be regarded as available) where a person is participating in such a course.

Regulation 9 adds to the list of circumstances to be regarded as good cause for any act or omission for the purposes of section 19 of the 1995 Act.

Regulation 10 sets out circumstances in which an income-based jobseeker’s allowance is payable to a person even though section 19 of the 1995 Act would normally prevent it.

Part III of these Regulations makes various consequential amendments to the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971), the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814), the Family Credit (General) Regulations 1987 (S.I. 1987/1973) and the Disability Working Allowance (General) Regulations 1991 (S.I. 1991/2887) so as to enable participants in the intensive activity period of the New Deal pilots for 25 plus to continue to claim those benefits–

These Regulations do not impose any charge on business.

Footnotes

2

Section 35(1) is an interpretation provision and is cited because of the meaning ascribed to the words “prescribed” and “regulations”.

3

1992 c. 4; sections 123 and 137 were amended to have effect with respect to council tax benefit by Schedule 9 to the Local Government Finance Act 1992 (c. 14), paragraphs 1 and 9; section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed”; section 137(2)(d) was substituted by paragraph 35(3) of Schedule 2 to the Jobseekers Act 1995.

4

See section 176(1) of the Social Security Administration Act 1992 (c. 5).

5

See sections 170 and 173(1)(b) of the Social Security Administration Act 1992 (c. 5); paragraph 67 of Schedule 2 to the Jobseekers Act 1995 added that Act to the list of “relevant enactments” in respect of which regulations must normally be referred to the Committee.

6

S.I. 1975/556; relevant amending instrument is S.I. 1996/2367.

12

1973 c. 10; section 2 was amended by section 25 of the Employment Act 1988 (c. 19).

14

Regulation 69 was amended by S.I. 1997/2863.

15

The definition of “training allowance” was inserted by S.I. 1992/2155.

16

The definition of “training allowance” was inserted by S.I. 1992/573.

17

The definition of “training allowance” was inserted by S.I. 1990/546 and amended by S.I. 1991/387 and 1992/432.

18

The definition of “training allowance” was amended by S.I. 1989/1323, 1991/236 and 387 and 1995/2986.

19

The definition of “training allowance” was amended by S.I. 1996/1517.

20

Paragraph (k) was added by S.I. 1992/2155 and amended by S.I. 1994/2139.

21

Paragraph (5) was, in both cases, amended by S.I. 1996/1510.

22

Paragraph (3) was, in both cases, substituted by S.I. 1994/2139.

23

Paragraph (10A) was inserted by S.I. 1998/2117.

24

Paragraph (13) was amended by S.I. 1997/2863.

25

Paragraph (4ZA) was inserted by S.I. 1998/2117.

26

Paragraph (6) was amended by S.I. 1997/2863.

27

The relevant amendments to regulation 26 were made by S.I. 1997/2863 and 1998/2164.

28

The relevant amendments to regulation 35 were made by S.I. 1997/2863 and 1998/2164.

29

The relevant amendments to regulation 29 were made by S.I. 1997/2863 and 1998/2117.

30

The relevant amendments to regulation 26 were made by S.I. 1997/2863 and 1998/2117.

31

Paragraph (3A) was inserted, in both cases, by S.I. 1998/2117.

32

Paragraph (3A) was inserted by S.I. 1998/2164.

33

Paragraph (3A) was inserted by S.I. 1998/2117.

34

Paragraph (3A) was inserted by S.I. 1998/2117.

35

Paragraph (3A) was inserted by S.I. 1998/2164.

36

Paragraph 67 was added by S.I. 1998/2164.

37

Paragraph 60 was added by S.I. 1998/2117.

38

Paragraph 62 was added by S.I. 1998/2117.

39

Paragraph 68 was added by S.I. 1998/2164.

40

Paragraph 66 was added by S.I. 1998/2117.

41

Paragraph 64 was added by S.I. 1998/2117.

42

Paragraph 56 was added by S.I. 1998/2164.

43

Paragraph 54 was added by S.I. 1998/2117.

44

Paragraph 55 was added by S.I. 1998/2117.

45

Paragraph 56 was added by S.I. 1998/2164.

46

Paragraph 53 was added by S.I. 1998/2117.

47

Paragraph 48 was added by S.I. 1998/2117.

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