The Flexible New Deal (Miscellaneous Provisions) Order 2009

Made: 23rd June 2009

Laid before Parliament: 29th June 2009

Coming into force: 5th October 2009

The Secretary of State makes the following Order in exercise of the powers conferred by sections 26(1)(a), (c) and (d) and (2) of the Employment Act 1988².

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Flexible New Deal (Miscellaneous Provisions) Order 2009.

• (2) It shall come into force on 5th October 2009.

• (3) In this Order—

• “the Flexible New Deal” means the employment programme specified in regulation 75(1)(a)(v) of the Jobseeker’s Allowance Regulations 1996³;

• “facilities” includes the provision of services;

• “New Deal participant”, in relation to any time, means a person who is at that time participating in the Flexible New Deal;

• “trading payment” means a payment made to a Flexible New Deal participant in consideration of goods or services supplied by that person in the course of participating in the Flexible New Deal;

• “training allowance” means a payment made by the Secretary of State to a person in connection with that person’s participation in the Flexible New Deal.

Treatment of persons and payments for the purposes of the Social Security Contributions and Benefits Act 1992, the Jobseekers Act 1995 and specified subordinate legislation

2

• (1) The provisions of this article shall apply to the following legislation—

• (a) Part 1 of the Social Security Contributions and Benefits Act 1992⁴;

• (b) the Jobseekers Act 1995⁵; and

• (c) the subordinate legislation specified in the Schedule to this Order.

• (2) If, for any period commencing on or after the day on which this Order comes into force, a Flexible New Deal participant receives, or is eligible to receive, a training allowance, that person is to be treated for that period and in respect of participation in the Flexible New Deal as not being employed but as participating in arrangements for training under section 2 of the Employment and Training Act 1973.

• (3) Except as mentioned in paragraph (4), any payment made to a Flexible New Deal participant during that period in connection with that person’s use of facilities provided in pursuance of those arrangements shall be treated in the same manner as a payment of training allowance made in respect of such training.

• (4) Paragraph (3) does not apply in respect of any trading payment made to a Flexible New Deal participant who is receiving assistance in pursuing self-employed earner’s employment whilst participating in that programme.

SCHEDULE — List of Subordinate Legislation

• The Social Security (Credits) Regulations 1975⁶

• The Social Security (Overlapping Benefits) Regulations 1979⁷

• The Social Security (Claims and Payments) Regulations 1987⁸

• The Child Support (Maintenance Assessment Procedure) Regulations 1992⁹

• The Child Support (Maintenance Assessments and Special Cases) Regulations 1992¹⁰

• The Jobseeker’s Allowance Regulations 1996¹¹

• The Housing Renewal Grants Regulations 1996¹²

• Child Support (Maintenance Calculation Procedure) Regulations 2000¹³

• The Housing Benefit Regulations 2006¹⁴

• The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006¹⁵

• The Council Tax Benefit Regulations 2006¹⁶

• The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006¹⁷

• The Education Authority Bursaries (Scotland) Regulations 2007¹⁸

• The Education (Student Support) (No. 2) Regulations 2008¹⁹

Signed

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

Jim Knight — Minister of State, — Department for Work and Pensions — 23rd June 2009

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order provides that a person using facilities provided in pursuance of the employment programme known as “the Flexible New Deal” as defined in regulation 75(1)(a)(v) of the Jobseeker’s Allowance Regulations 1996 and receiving or entitled to receive from the Secretary of State a training allowance in connection with the use of those facilities (which include the provision of services) shall be treated for certain purposes as not being employed but as participating in arrangements for training under section 2 of the Employment and Training Act 1973.

This Order provides that any payment made to such a person in connection with the use of those facilities, except a trading payment, shall be treated as a payment of training allowance made in respect of such training.

The provisions of this Order apply for the purposes of Part I of the Social Security Contributions and Benefits Act 1992, the Jobseekers Act 1995 and of the subordinate legislation specified in the Schedule.

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

Footnotes