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PART 6CONSEQUENTIAL MODIFICATIONS

Definitions

13.—(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(1).

(2) Each of the provisions to which this paragraph applies has effect as if the following definition were inserted in the appropriate place—

“the Work for Your Benefit Pilot Scheme” means a scheme within section 17A(1) 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 includes for any individual work experience and job search;.

(3) The definition of “the self-employment route” in each of the provisions mentioned in paragraph (1)(a), (b) and (d) above has effect as if—

(a)at the end of sub-paragraph (a) “or” were omitted; and

(b)at the end of sub-paragraph (b) “; or” and the following sub-paragraph were inserted—

(c)the Work for Your Benefit Pilot Scheme;.

(4) The definition of “self-employment route” in the provision mentioned in paragraph (1)(c) above has effect as if —

(a)in head (iii) “or” were omitted; and

(b)at the end of head (iv) “; or” and the following head were inserted—

(v)the Work for Your Benefit Pilot Scheme;.

Notional income

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

(a)regulation 32(7) of the Council Tax Benefit Regulations(2);

(b)regulation 42(7) of the Housing Benefit Regulations(3);

(c)regulation 31(9A) of the Housing Renewal Grants Regulations(4);

(d)regulation 105(10A) of the Jobseeker’s Allowance Regulations(5).

(2) Each of the provisions to which this regulation applies has effect as if the following sub-paragraph were inserted after sub-paragraph (c)—

(ca)in respect of a person’s participation in the Work for Your Benefit Pilot Scheme;.

Notional capital

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

(a)regulation 39(4) of the Council Tax Benefit Regulations(6);

(b)regulation 49(4) of the Housing Benefit Regulations(7);

(c)regulation 38(3A) of the Housing Renewal Grants Regulations(8);

(d)regulation 113(3A) of the Jobseeker’s Allowance Regulations(9).

(2) Each of the provisions to which this regulation applies has effect as if the following sub-paragraph were inserted after sub-paragraph (b)—

(ba)in respect of a person’s participation in the Work for Your Benefit Pilot Scheme;.

Income to be disregarded

16.—(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) Each Schedule to which this regulation applies has effect as if the following paragraph were inserted at the beginning—

A1.  Any payment made to the claimant in respect of any child care, travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Work for Your Benefit Pilot Scheme..

Capital to be disregarded

17.—(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) Each Schedule to which this regulation applies has effect as if the following paragraph were inserted at the beginning—

A1.  Any payment made to the claimant in respect of any child care, travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Work for Your Benefit Scheme but only for 52 weeks beginning with the date of receipt of the payment..

Further modifications of the Jobseeker’s Allowance Regulations

18.  The Jobseeker’s Allowance Regulations have effect as if—

(a)in the definition of “relevant notification” in regulation 25(1A) (entitlement ceasing on a failure to comply)(10), the words “or under the Work for Your Benefit Pilot Scheme” were added after “scheme”;

(b)in regulation 47(4)(b)(ii) (jobseeking period)(11) the words “regulations made under section 17A or by virtue of” were inserted before “section 19”;

(c)in regulation 55(1)(a) (short periods of sickness)(12) before “; and” there were inserted—

or who failed without good cause to comply with regulations made under section 17A;

(d)in regulation 55A(1)(a) (periods of sickness and persons receiving treatment outside Great Britain)(13) before “; and” there were inserted—

or who failed without good cause to comply with regulations made under section 17A

(e)in regulation 140(1)(f)(i) (meaning of “person in hardship”)(14), before “section 19” were inserted “regulations made under section 17A or because”.

(f)in regulation 152(1)(c) (relevant week)(15), before “section 19” insert “regulations made under section 17A or in accordance with”.

Consequential modifications relating to sanctions

19.—(1) Paragraph (2) applies to the following provisions—

(a)regulation 2(4)(a) and (b) (interpretation) of the Council Tax Benefit Regulations;

(b)regulation 2(4)(a) and (b) (interpretation) of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(16);

(c)regulation 3(j) (circumstances in which discretionary housing payments may be made) of the Discretionary Financial Assistance Regulations 2001(17);

(d)regulation 2(3)(a) and (b) (interpretation) of the Housing Benefit Regulations;

(e)regulation 2(3)(a) and (b) (interpretation) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(18);

(2) Each of the provisions to which this paragraph applies has effect as if the words “or regulations made under section 17A” were inserted after “section 19 or 20A”.

(3) Regulation 5(3)(b) (meaning of “person in hardship”) of the Social Security (Loss of Benefit) Regulations 2001(19) has effect as if the words “regulations made under section 17A or pursuant to” were inserted after “pursuant to”.

(4) Regulation 8A(5) (credits for unemployment) of the Social Security (Credits) Regulations 1975(20) has effect as if after sub-paragraph (b) there were inserted—

(ba)a week in respect of which, because of regulations made under section 17A of that Act, a jobseeker’s allowance was not payable to the person concerned even though he satisfied the conditions for entitlement to that allowance; or.

Consequential modifications relating to decisions and appeals

20.  The Social Security and Child Support (Decisions and Appeals) Regulations 1999(21) have effect as if—

(a)in regulation 3(6) (revision of decisions)(22), the words “, or with regulations made under section 17A of that Act” were inserted after “Jobseekers Act”;

(b)in regulation 6(2) (supersession of decisions)(23) the following sub-paragraph were inserted after sub-paragraph (f)—

(fa)is a decision that a jobseeker’s allowance is payable to a claimant where that allowance ceases to be payable or is reduced by virtue of regulations made under section 17A of the Jobseekers Act;;

(c)the following paragraph were inserted after regulation 7(8) (date from which a decision superseded under section 10 takes effect)(24)—

(8ZA) A decision to which regulation 6(2)(fa) applies shall take effect as from the beginning of the period specified in regulation 8(11) of the Jobseeker’s Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010..

(1)

Relevant amending instruments are S.Is. 2001/739 and 2002/530 which relate to the definition of “self-employment route” in the Jobseeker’s Allowance Regulations.

(2)

Regulation 32(7) was amended by S.Is 2006/588, 2008/698, 2008/2767 and 2009/480.

(3)

Regulation 42(7) was amended by S.Is 2006/588, 2008/698, 2008/2767 and 2009/480.

(4)

Paragraph (9A) was inserted by S.I. 1998/808, was substituted by S.I. 1999/1523 and was amended by S.Is 2000/973, 2000/531, 2000/2798 and 2002/530.

(5)

Paragraph (10A) was inserted by S.I. 1998/2117 and was amended by S.Is 1999/2640, 2003/455, 2006/588 , 2008/698 and 2009/480.

(6)

Regulation 39(4) was amended by S.Is 2006/588, 2008/698, 2008/2767 and 2009/480.

(7)

Regulation 49(4) was amended by S.Is 2006/588, 2008/698, 2008/2767 and 2009/480.

(8)

Paragraph (3A) was inserted by S.I. 1999/1523 and was amended by S.Is 2000/531, 2000/973, 2002/530 and 2002/2798.

(9)

Paragraph (3A) was inserted by S.I. 1998/2117 and was amended by S.Is 1999/2640, 2001/1029, 2004/2308, 2005/3391, 2006/588, 2008/698 and 2009/480.

(10)

Regulation 25(1) was amended by S.Is 1999/530, 2000/1978 and 2000/2194. Paragraph (1) was amended and paragraph (1A) was inserted by the Jobseeker’s Allowance (Sanctions for Failure to Attend) Regulations 2010 (S.I. 2010/509).

(11)

Regulation 47(4) was amended by S.Is. 1996/1514, 2001/518, 2001/1711 and 2002/490.

(12)

Regulation 55(1) was amended by S.Is. 1996/1517, 1999/2860, 2000/1978 and 2008/1534.

(13)

Regulation 55A was inserted by S.I. 2004/1869 and was amended by S.I. 2008/1554.

(14)

Relevant amending instruments are S.I. 1999/2860 and 2000/1978.

(15)

A relevant amending instrument is S.I. 2000/1978.

(20)

S.I. 1975/556. Regulation 8A was inserted by S.I. 1996/2367 and paragraph (5) was amended by S.I. 2001/518.

(22)

Regulation 3 was revoked, in so far as it related to child benefit or guardian’s allowance, by S.I. 2003/916. Regulation 3(6) was amended by S.I. 2000/1982.

(23)

Regulation 6 was revoked, in so far as it related to child benefit or guardian’s allowance, by S.I. 2003/916. Relevant amending I instruments are S.I. 1999/2677.

(24)

Regulation 7 was revoked, in so far as it related to child benefit or guardian’s allowance, by S.I. 2003/916. Regulation 7(8) was substituted by S.I. 1999/2677 and was amended by S.Is. 2000/1982 and 2008/2677.