The Social Security Amendment (New Deal) (No.2) Regulations 1998

Notional capital

3.—(1) In regulation 113 of the Jobseeker’s Allowance Regulations (notional capital)—

(a) in paragraph (3)(1), for the words from the beginning to “regulation 75(1)(b)(ii)” there shall be substituted the words “Any payment of capital, other than a payment of capital specified in paragraph (3A)”;

(b) after paragraph (3) there shall be inserted the following paragraph—

“(3A) Paragraph (3) shall not apply in respect of a payment of capital made—

(a) under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust or the Independent Living Funds; or

(b) pursuant to section 2 of the Employment and Training Act 1973 in respect of a person’s participation—

(i) in an employment programme specified in regulation 75(1)(a)(ii);

(ii) in a training scheme specified in regulation 75(1)(b)(ii); or

(iii) in a qualifying course within the meaning specified in regulation 17A(7).”.

(2) In each of the regulations referred to in paragraph (3)(2) (each of which relates to notional capital)—

(a) in paragraph (3), for the words from the beginning to “regulation 75(1)(b)(ii) of those Regulations” there shall be substituted the words “Any payment of capital, other than a payment of capital specified in paragraph (3A)”;

(b) after paragraph (3) there shall be inserted the following paragraph—

“(3A) Paragraph (3) shall not apply in respect of a payment of capital made—

(a) under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust or the Independent Living Funds;

(b) pursuant to section 2 of the Employment and Training Act 1973 in respect of a person’s participation—

(i) in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996;

(ii) in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations; or

(iii) in a qualifying course within the meaning specified in regulation 17A(7) of those Regulations.”.

(3) The regulations to which paragraph (2) refers are—

(a) regulation 37 of the Disability Working Allowance Regulations;

(b) regulation 34 of the Family Credit Regulations;

(c) regulation 51 of the Income Support Regulations.

(1)

Paragraph (3) was amended by S.I. 1997/2863.

(2)

The relevant amending instruments are S.I. 1993/963 and 1997/2863.