The Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011

Made: 28th March 2011

Laid before Parliament: 31st March 2011

Coming into force: 20th May 2011

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 123(1)(d) and (e), 136(3) and (5)(a) and (b), 137(1) and 175(3) and (4) of the Social Security Contributions and Benefits Act 1992 , sections 30 and 146(1) and (2) of the Housing Grants, Construction and Regeneration Act 1996 , section 10, 79(1) and (4) and 84 of the Social Security Act 1998 and sections 12(1), (4)(a) and (b), 17A(1), (2), (5)(a), (d) and (e) and (6) to (9), 20, 20A, 20B(4) to (6), 20E(3)(a), 21, 35(1) and 36(2) and (4) of, and Schedule 1 to, the Jobseekers Act 1995 .

These Regulations are made with the consent of the Treasury in respect of provisions relating to section 30 (means testing in case of application by owner-occupier or tenant) of the Housing Grants, Construction and Regeneration Act 1996 .

In respect of provisions in these Regulations relating to housing benefit and council tax benefit, organisations appearing to the Secretary of State to be representative of the authorities concerned have agreed that consultations need not be undertaken .

In accordance with section 173(1)(b) of the Social Security Administration Act 1992 , the Secretary of State has obtained the agreement of the Social Security Advisory Committee that the proposals in respect of these Regulations should not be referred to it.

PART 1 — General

Citation and Commencement

1

These Regulations may be cited as the Jobseeker's Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011 and shall come into force on 20th May 2011.

Interpretation

2

• (1) In these Regulations—

• “the Act” means the Jobseekers Act 1995;

• “claimant” means a person who claims a jobseeker's allowance, except that in relation to a joint-claim couple claiming a joint-claim jobseeker's allowance, it means either or both of the members of the couple;

• “the Council Tax Benefit Regulations” means the Council Tax Benefit Regulations 2006 ;

• “full-time student” has the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations;

• “the Housing Benefit Regulations” means the Housing Benefit Regulations 2006 ;

• “the Housing Renewal Grants Regulations” means the Housing Renewal Grants Regulations 1996 ;

• “the Jobseeker's Allowance Regulations” means the Jobseeker's Allowance Regulations 1996 ;

• “New Enterprise Allowance” means an employment initiative provided in pursuance of arrangements made by or on behalf of the Secretary of State under section 2 of the Employment and Training Act 1973 designed to assist claimants into self-employed earner’s employment;

• “the Scheme” means the Employment, Skills and Enterprise Scheme;

• “self-employed earner’s employment” has the same meaning as in the Benefits Act;

• “working day” means any day except for a Saturday, Sunday, Christmas Day, Good Friday or bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales or in Scotland;

• “the Employment, Skills and Enterprise Scheme” means a scheme within section 17A (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc.) of the Act known by that name and provided pursuant to arrangements made by the Secretary of State that is designed to assist claimants to obtain employment or self-employment, and which may include for any individual work-related activity (including work experience or job search).

• (2) For the purpose of these Regulations where a written notice is given by sending it by post it is taken to have been received on the second working day after posting.

PART 2 — Selection for and participation in the Employment, Skills and Enterprise Scheme

Selection for participation in the Scheme

3

The Secretary of State may select a claimant for participation in the Scheme.

Requirement to participate and notification

4

• (1) Subject to regulation 5, a claimant (“C”) selected under regulation 3 is required to participate in the Scheme where the Secretary of State gives C a notice in writing complying with paragraph (2).

• (2) The notice must specify—

• (a) that C is required to participate in the Scheme;

• (b) the day on which C's participation will start;

• (c) details of what C is required to do by way of participation in the Scheme;

• (d) that the requirement to participate in the Scheme will continue until C is given notice by the Secretary of State that C's participation is no longer required, or C's award of jobseeker's allowance terminates, whichever is earlier;

• (e) information about the consequences of failing to participate in the Scheme.

• (3) Any changes made to the requirements mentioned in paragraph (2)(c) after the date on which C's participation starts must be notified to C in writing.

Circumstances in which requirement to participate in the Scheme is suspended or ceases to apply

5

• (1) Where a claimant (“C”) is—

• (a) subject to a requirement to participate in the Scheme, and

• (b) while C is subject to such a requirement, the Jobseeker's Allowance Regulations apply so that C is not required to meet the jobseeking conditions

PART 3 — Sanctions

Failure to participate in the Scheme

6

A claimant who fails to comply with any requirement notified under regulation 4 is to be regarded as having failed to participate in the Scheme.

Good cause

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consequences of failure to participate in the Scheme

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4 — Hardship

Hardship

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Hardship for joint-claim couples

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 5 — Consequential Amendments

Definitions

11

• (1) Paragraph (2) applies to the following provisions (which relate to interpretation)—

• (a) regulation 2(1) of the Council Tax Benefit Regulations;

• (b) regulation 2(1) of the Housing Benefit Regulations;

• (c) regulation 2(1) of the Housing Renewal Grants Regulations;

• (d) regulation 1(3) of the Jobseeker's Allowance Regulations .

• (2) In each of the provisions to which this paragraph applies insert the following definition in the appropriate place—

• “the Employment, Skills and Enterprise Scheme” means a scheme under section 17A (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc.) of the Jobseekers Act 1995 known by that name and provided pursuant to arrangements made by the Secretary of State that is designed to assist claimants to obtain employment, including self-employment, and which may include for any individual work-related activity (including work experience or job search);

• (3) The definition of “self-employment route” in each of the provisions mentioned in paragraph (1)(a), (b) and (d) is amended as follows—

• (a) at the end of paragraph (a) omit “or”; and

• (b) at the end of paragraph (b) insert “ or ” and the following paragraph—

(c) the Employment, Skills and Enterprise Scheme;

• (4) The definition of “self-employment route” in the provision mentioned in paragraph (1)(c) is amended as follows—

• (a) in paragraph (b)(iv) omit “or”; and

• (b) at the end of paragraph (v) insert—

• or
• (vi) the Employment, Skills and Enterprise Scheme;

Notional income

12

• (1) This regulation applies to the following provisions (which relate to notional income)—

• (a) regulation 32(7) of the Council Tax Benefit Regulations ;

• (b) regulation 42(7) of the Housing Benefit Regulations ;

• (c) regulation 31(9A) of the Housing Renewal Grants Regulations ;

• (d) regulation 105(10A) of the Jobseeker's Allowance Regulations .

• (2) In each of the provisions to which this regulation applies insert the following sub-paragraph after sub-paragraph (cb)—

(cc) in respect of a claimant's participation in the Employment, Skills and Enterprise Scheme;

Notional capital

13

• (1) This regulation applies to the following provisions (which relate to notional capital)—

• (a) regulation 39(4) of the Council Tax Benefit Regulations ;

• (b) regulation 49(4) of the Housing Benefit Regulations ;

• (c) regulation 38(3A) of the Housing Renewal Grants Regulations ;

• (d) regulation 113(3A) of the Jobseeker's Allowance Regulations .

• (2) In each of the provisions to which this regulation applies insert the following sub-paragraph after sub-paragraph (bb)—

(bc) in respect of a claimant's participation in the Employment, Skills and Enterprise Scheme;

Income to be disregarded

14

• (1) This regulation applies to the following Schedules (which relate to sums to be disregarded in the calculation of income other than earnings)—

• (a) Schedule 4 to the Council Tax Benefit Regulations;

• (b) Schedule 5 to the Housing Benefit Regulations;

• (c) Schedule 3 to the Housing Renewal Grants Regulations;

• (d) Schedule 7 to the Jobseeker's Allowance Regulations.

• (2) In each Schedule to which this regulation applies insert the following paragraph after paragraph A2 —

(A3) Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Employment, Skills and Enterprise Scheme.

Capital to be disregarded

15

• (1) This regulation applies to the following Schedules (which relate to capital to be disregarded)—

• (a) Schedule 5 to the Council Tax Benefit Regulations;

• (b) Schedule 6 to the Housing Benefit Regulations;

• (c) Schedule 4 to the Housing Renewal Grants Regulations;

• (d) Schedule 8 to the Jobseeker's Allowance Regulations.

• (2) In each Schedule to which this regulation applies insert the following paragraph after paragraph A2 —

(A3) Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Employment, Skills and Enterprise Scheme but only for 52 weeks beginning with the date of receipt of the payment.

Further amendments to the Jobseeker's Allowance Regulations

16

The Jobseeker's Allowance Regulations are amended as follows—

• (a) in the definition of “relevant notification” in regulation 25(1A) (entitlement ceasing on a failure to comply) , insert “ , under the Employment, Skills and Enterprise Scheme ” after “scheme”;

• (b) at the end of regulation 53 (persons treated as not engaged in remunerative work) insert—

(m) he is participating in the Employment, Skills and Enterprise Scheme.

Consequential amendments relating to decisions and appeals

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 6 — Contracting out

Contracting out certain functions in relation to the Scheme

18

• (1) Any function of the Secretary of State specified in paragraph (2) may be exercised by, or by employees of, such person (if any) as may be authorised by the Secretary of State.

• (2) The functions are any function under—

• (a) regulation 4 (requirement to participate and notification);

• (b) regulation 5(2)(a) (notice that requirement to participate ceases); and

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed

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

C Grayling — Minister of State, — 28th March 2011

We consent

James Duddridge — Michael Fabricant — Two of the Lords Commissioners of Her Majesty's Treasury — 28th March 2011

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1992 c. 4. Section 123(1) was amended by section 103 of, and Schedule 9 to, the Local Government Finance Act 1992 (c. 14), and by section 60 of, and Schedule 6 to, the Tax Credits Act 2002 (c. 21); section 137(1) is an interpretation provision and is cited because of the meaning given to the word “prescribed”; section 175(1) and (4) were amended by section 2 of, and paragraph 29(1) and (2) of Schedule 3 to, the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2).

[^f00002]: 1996 c. 53 (“the 1996 Act”). Section 30 was amended by S.I. 2002/1860 and by section 81 of, and Schedule 8 to, the Civil Partnership Act 2004 (c. 33); the functions of the Secretary of State and the Treasury, so far as exercisable in relation to Wales were transferred to the National Assembly for Wales, by the National Assembly for Wales (Transfer of Functions) Order 1999, SI 1999/672, art. 2, Schedule 1; section 146 was amended by the Local Democracy, Economic Development and Construction Act 2009 (c. 20) on a day to be appointed and the functions of the Secretary of State, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales, by the National Assembly for Wales (Transfer of Functions) Order 1999, SI 1999/672, art. 2, Schedule 1.

[^f00003]: 1998 c.14.

[^f00004]: 1995 c. 18. Section 17A was inserted by section 1 of the Welfare Reform Act 2009 (c. 24); section 20B was inserted by section 59 and Schedule 7 to the Welfare Reform and Pensions Act 1999 (c. 30); sections 35(1) and 36(4) were amended by section 2 of, and paragraphs 62 and 63 of Schedule 3 to, the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2). Section 35(1) is an interpretation provision and is cited because of the meaning given to the words “prescribed” and “regulations”.

[^f00005]: See section 30(9) of the 1996 Act.

[^f00006]: Seesection 176(2) of the Social Security and Administration Act 1992.

[^f00007]: 1992 c.5.

[^f00008]: S.I. 2006/215.

[^f00009]: S.I. 2006/213.

[^f00010]: S.I. 1996/2890.

[^f00011]: S.I. 1996/207.

[^f00012]: 1971 c. 80.

[^f00013]: See section 17A(10) of the Act for the meaning of the “jobseeking conditions”.

[^f00014]: S.I. 1987/1968. Regulation 26A was inserted by S.I. 1996/1460.

[^f00015]: A relevant amending instrument is S.I. 2009/604.

[^f00016]: Regulation 140 was amended by S.I. 1996/1516, 1996/1517, 1997/2863, 1999/2860, 2000/239, 2000/1978, 2001/1029, 2003/445, 2005/2687, 2005/2877, 2008/1554, 2008/3051, 2009/480 and 2010/509.