The Jobseeker’s Allowance Regulations 1996

Changes over time for: Section 75

Version Superseded: 26/04/2010

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Interpretation

[F175.—(1) For the purposes of section 19[F2, section 20A] and of this Part:

(a)“an employment programme" means—

(i)any one of the following programmes of advice, guidance or job search assistance provided in pursuance of arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973, known as—

F3(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(bb)Gateway to Work, being a programme of up to two weeks' duration, consisting of advice and assistance on job search activity and the development of job search skills;]

F5(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(cc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(dd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(ee). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)any one of the following programmes, 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 and for which only persons who are aged 18 years or over and less than 26 years immediately prior to entry may be eligible, known as—

(aa)[F9the Self-Employed Employment Option of the New Deal, being a programme which lasts for any individual for up to 26 weeks and which includes for that individual assistance in pursuing self-employed earner’s employment;]

(bb)the Voluntary Sector Option of the New Deal, being a programme which lasts for any individual for up to six months and which includes for that individual employed earner’s employment or a work placement combined in either case with training, support and job search;

(cc)the Environment Task Force Option of the New Deal, being a programme which lasts for any individual for up to six months and which includes for that individual employed earner’s employment or a work placement combined in either case with training, support and job search [F10and

(iii)[F11employment zone programme, being a programme established by the Secretary of State pursuant to section 60 of the Welfare Reform and Pensions Act 1999 for an employment zone designed to assist claimants for a jobseeker’s allowance to obtain sustainable employment and subject to the Employment Zones Regulations 2000 or the Employment Zones Regulations 2003]] [F12or the Social Security (Working Neighbourhoods) Regulations 2004].

(iv)the Intensive Activity Period, that is to say, the programme known by that name and 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, being a programme lasting for up to 52 weeks for any one individual aged 25 years or over and less than [F1360 years] on the first required entry date to any such programme, and consisting for that individual of any one or more of the following elements, namely employed earner’s employment, assistance in pursuing self-employed earner’s employment, education and training, work experience, assistance with job search, motivation and skills training[F14; and

(v)the Flexible New Deal, being the programme known by that name and provided pursuant to arrangements made by the Secretary of State or on his behalf under section 2 of the Employment and Training Act 1973, which lasts for up to 78 weeks for any individual and consisting for that individual of one or more of the following elements—

(aa)assisting in the completion of an action plan to record the activity that he will undertake whilst attending the programme in order to improve his employment prospects or to obtain employment;

(bb)a work placement, training or other work-related activity lasting for a continuous period of at least four weeks;

(cc)other work experience or training, guidance, support, motivation, assistance with job search or in pursuing self-employed earner’s employment or other activity designed to assist him to select, train for, obtain and retain suitable employment.]

(b)“a training scheme" means—

(i)a scheme for training for which persons aged less than 18 years are eligible and for which persons aged 18 years or over and less than 25 years may be eligible, [F15secured by the Learning and Skills Council for England or by the [F16Welsh Ministers] and, in Scotland, provided] directly or indirectly by a Local Enterprise Company pursuant to its arrangement with, as the case may be, [F17Skills Development Scotland,] Scottish Enterprise or Highlands and Islands Enterprise (whether that arrangement is known as an Operating Contract or by any other name); F18...

(ii)the scheme, 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 and for which only persons who are aged 18 years or over and less than 26 years immediately prior to entry may be eligible, known as the Full-Time Education and Training Option of the New Deal, being a scheme which lasts for any individual for up to one year and which includes for that individual some or all of the following, namely education, training, work experience and support in job search [F19skills; [F20and]

(iii)for the purposes of section 19(5)(b)(iii) and (iv) and section 19(5)(c) [F21and section 20A(2)(b)(iii) and (iv) and section 20A(2)(c)], in relation to a person who has been treated as available for employment to any extent under regulation 17A(3), the qualifying course in respect of which he has been so treated.]

(2) In section 19, except subsection (2) [F22and in section 20A, except subsection (3)], and in this Part, except regulation 69 and the first occasion on which the word occurs in regulation 72(5A)(a), “week" means any period of 7 consecutive days.

(3) In section 19(2)[F23, section 20A(3)], regulation 69 and the first occasion on which the word occurs in regulation 72(5A)(a), “week" means benefit week.

(4) In section 19, except subsection (9) [F24in section 20A], and in this Part, “employment" means employed earner’s employment other than such employment in which a person is employed whilst participating in an employment programme falling within paragraph (1)(a)(ii) [F25or (iv)F26...]; and “employed earner" shall be construed accordingly.

(5) In section 19(9), “employment" means employed earner’s employment.]

Textual Amendments

F1Reg. 75 substituted (5.1.1998) by The Social Security Amendment (New Deal) Regulations 1997 (S.I. 1997/2863), regs. 1(1), 8

F2Words in reg. 75(1) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 32(a)

F3Reg. 75(1)(a)(i)(aa) omitted (14.10.2002) by virtue of The Social Security Amendment (Employment Programme) Regulations 2002 (S.I. 2002/2314), regs. 1, 2(4)(a)

F4Reg. 75(1)(a)(i)(bb) inserted (19.6.2000) by The Jobseeker’s Allowance (Amendment) (No. 2) Regulations 2000 (S.I. 2000/1370), regs. 1, 2(4)

F5Reg. 75(1)(a)(i)(bb) omitted (1.12.1998) by virtue of The Jobseeker’s Allowance (Amendment) (No. 2) Regulations 1998 (S.I. 1998/1698), regs. 1(1), 3(c)

F6Reg. 75(1)(a)(i)(cc) omitted (4.8.1998) by virtue of The Jobseeker’s Allowance (Amendment) (No. 2) Regulations 1998 (S.I. 1998/1698), regs. 1(1), 3(a)

F7Reg. 75(1)(a)(i)(dd) omitted (1.12.1998) by virtue of The Jobseeker’s Allowance (Amendment) (No. 2) Regulations 1998 (S.I. 1998/1698), regs. 1(1), 3(c)

F8Reg. 75(1)(a)(i)(ee) omitted (14.10.2002) by virtue of The Social Security Amendment (Employment Programme) Regulations 2002 (S.I. 2002/2314), regs. 1, 2(4)(a)

F9Reg. 75(1)(a)(ii)(aa) substituted (14.10.2002) by The Social Security Amendment (Employment Programme) Regulations 2002 (S.I. 2002/2314), regs. 1, 2(4)(b)

F10Reg. 75(1)(a)(iii) and word inserted (3.4.2000) by The Employment Zones Regulations 2000 (S.I. 2000/721), regs. 1, 10(2)