The Social Security (New Deal Pilot) Regulations 1998

Notional Income

14.—(1) Regulation 105 of the Jobseeker’s Allowance Regulations (notional income) shall be modified in its application to persons to whom this Part applies as if–

(a) in sub-paragraph (c) of paragraph (10A)(1), after head (iii), there was added the following head–

“(iv) in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (10)(a)(ii)”;

(b) in paragraph (13)(2)–

(i) at the beginning, there were inserted the words “Subject to paragraph (13A),”;

(ii) the words from “; but this paragraph” to the end of the paragraph were omitted;

(c) after paragraph (13) there were inserted the following paragraph–

“(13A) Paragraph (13) shall not apply–

(a) to a claimant who is engaged by a charitable or voluntary organisation or who is a volunteer if the adjudication officer is satisfied in any of those cases that it is reasonable for him to provide those services free of charge; or

(b) in a case where the service is performed in connection with the claimant’s participation in–

(i) an employment or training programme in accordance with regulation 19(1)(q); or

(ii) the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations.”.

(2) Regulation 42 of the Income Support Regulations (notional income) shall be modified in its application to persons to whom this Part applies as if–

(a) in sub-paragraph (c) of paragraph (4ZA)(3), after head (iii), there was added the following head–

“(iv) in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (4)(a)(ii);”;

(b) in paragraph (6)(a)(4)–

(i) at the beginning, there were inserted the words “Subject to paragraph (6A),”;

(ii) the words from “; but this paragraph” to the end of the paragraph were omitted;

(c) after paragraph (6) there were inserted the following paragraph–

“(6A) Paragraph (6) shall not apply–

(a) to a claimant who is engaged by a charitable or voluntary organisation or who is a volunteer if the adjudication officer is satisfied in any of those cases that it is reasonable for him to provide those services free of charge; or

(b) in a case where the service is performed in connection with the claimant’s participation in–

(i) an employment or training programme in accordance with regulation 19(1)(q) of the Jobseeker’s Allowance Regulations 1996; or

(ii) the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations.”.

(3) Both regulation 26 of the Council Tax Benefit Regulations(5) and regulation 35 of the Housing Benefit Regulations(6) (which relate to notional income) shall be modified in their application to persons to whom this Part applies as if–

(a) in sub-paragraph (c) of paragraph (3A), after head (iii), there was added the following head–

“(iv) in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (3)(a);”;

(b) in paragraph (5)–

(i) at the beginning, there were inserted the words “Subject to paragraph (5A),”;

(ii) the words from “; but this paragraph” to the end of the paragraph were omitted;

(c) after paragraph (5) there were inserted the following paragraph–

“(5A) Paragraph (5) shall not apply–

(a) to a claimant who is engaged by a charitable or voluntary organisation or who is a volunteer if the adjudication officer is satisfied in any of those cases that it is reasonable for him to provide those services free of charge; or

(b) in a case where the service is performed in connection with the claimant’s participation in–

(i) an employment or training programme in accordance with regulation 19(1)(q) of the Jobseeker’s Allowance Regulations 1996; or

(ii) the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations.”.

(4) Both regulation 29 of the Disability Working Allowance Regulations(7) and regulation 26 of the Family Credit Regulations(8) (which relate to notional income) shall be modified in their application to persons to whom this Part applies as if–

(a) in sub-paragraph (c) of paragraph (3A), after head (iii), there was added the following head–

“(iv) in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (3)(a);”;

(b) in paragraph (4)–

(i) at the beginning, there were inserted the words “Subject to paragraph (4A),”;

(ii) the words from “; but this paragraph” to the end of the paragraph were omitted;

(c) after paragraph (4) there were inserted the following paragraph–

“(4A) Paragraph (4) shall not apply–

(a) to a claimant who is engaged by a charitable or voluntary organisation or who is a volunteer if the adjudication officer is satisfied in any of those cases that it is reasonable for him to provide those services free of charge; or

(b) in a case where the service is performed in connection with the claimant’s participation in–

(i) an employment or training programme in accordance with regulation 19(1)(q) of the Jobseeker’s Allowance Regulations 1996; or

(ii) the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations.”.

(1)

Paragraph (10A) was inserted by S.I. 1998/2117.

(2)

Paragraph (13) was amended by S.I. 1997/2863.

(3)

Paragraph (4ZA) was inserted by S.I. 1998/2117.

(4)

Paragraph (6) was amended by S.I. 1997/2863.

(5)

The relevant amendments to regulation 26 were made by S.I. 1997/2863 and 1998/2164.

(6)

The relevant amendments to regulation 35 were made by S.I. 1997/2863 and 1998/2164.

(7)

The relevant amendments to regulation 29 were made by S.I. 1997/2863 and 1998/2117.

(8)

The relevant amendments to regulation 26 were made by S.I. 1997/2863 and 1998/2117.