The Social Security (Flexible New Deal) Regulations 2009

Amendment of the Jobseeker’s Allowance Regulations

2.—(1) The Jobseeker’s Allowance Regulations 1996(1) are amended as follows.

(2) In regulation 1(3) (citation, commencement and interpretation) in the appropriate places insert the following definitions—

“(a) “Back to Work Session” means a seminar or appointment referred to as “a Back to Work Session” arranged by or on behalf of the Secretary of State, the purpose of which is to provide a person who attends with information, support and advice with a view to assisting him to find employment or to improve his chances of finding employment;”;

“(b) “the Flexible New Deal” means the employment programme specified in regulation 75(1)(a)(v);”.

(3) In regulation 69 (prescribed period for the purposes of section 19(2))(2)—

(a) in paragraph (1)(a), for “or (d)”substitute “, (d), (e) or (f)”;

(b) in paragraph (1)(b)—

(i) after “75(1)(a)(i)(bb)” insert “or a case which falls within sub-paragraph (f)”;

(ii) in sub-paragraph (ii)(aa), after “regulation 75(1)(a)(iv)” insert “or the Flexible New Deal”;

(iii) in sub-paragraph (ii)(cc), at the end omit “and”;

(iv) at the end of sub-paragraph (ii)(cc), insert “; or” and the following head—

“(dd) where the determination in (i) above relates to the Flexible New Deal, on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5) or section 20A(2)(a) to (c) that relate to any element of that programme, and”.

(c) after paragraph (1)(d) add—

“(e) 26 weeks in any case (other than a case where a jobseeker’s allowance is determined not to be payable in circumstances relating to the employment programme known as “Gateway to Work” specified in regulation 75(1)(a)(i)(bb)) in which—

(i) a jobseeker’s allowance is determined not to be payable to the claimant in circumstances falling within section 19(5) or section 20A(2)(a) to (c) and the determination relates to an act or omission arising after this regulation comes into force in respect of the Flexible New Deal; and

(ii) on two or more previous occasions a jobseeker’s allowance has been determined not to be payable to the claimant in circumstances falling within section 19(5) or section 20A(2)(a) to (c) and each such determination relates to the Flexible New Deal; and

(iii) no more than 12 months have elapsed between the beginning of the day on which the determination mentioned in (e)(i) above is made and the beginning of the first day on which a jobseeker’s allowance was not payable to the claimant as a result of the determination which most recently preceded it whether the preceding determination is either—

(aa) a determination falling within sub-paragraph (b)(i) to which the circumstances in paragraph (b)(ii)(dd) apply; or

(bb) itself an earlier determination falling within sub-paragraph (e)(i);

(f) one week in a case where a jobseeker’s allowance is determined not to be payable in circumstances—

(i) relating to a Back to Work Session; and

(ii) falling within section 19(5)(a) or 20A(2)(a).”;

(d) in paragraph (3)—

(i) for “(1)(c) or (d)” substitute “(1)(c), (d) or (e)”;

(ii) in sub-paragraph (c), after “regulation 75(1)(a)(iv)” insert “or the Flexible New Deal”.

(e) for paragraph (4)(a) substitute—

“(a) begin on either—

(i) the day specified in a notice by the Secretary of State as being the day on which the claimant is or was no longer required to participate in—

(aa) any of the New Deal options,

(bb) the Intensive Activity Period specified in regulation 75(1)(a)(iv), or

(cc) the Flexible New Deal, or

(ii) the day four weeks after the first day on which a jobseeker’s allowance was not payable as a result of the first determination mentioned in paragraph (3),

whichever is the later;”.

(4) In regulation 73(2A)(a) (good cause for the purposes of section 19(5)(b))(3), after “or (iv)” insert “or (v)”.

(5) In regulation 75(1)(a) (interpretation)(4)—

(a) in head (iii), at the end omit “and”;

(b) at the end of head (iv), insert “; and” and the following head—

“(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.”.

(6) In regulation 105(10A)(c) (notional income)(5), at the end of (iii), insert “; or” and the following head—

“(iv) in the Flexible New Deal.”;

(7) In regulation 113(3A)(b) (notional capital)(6), at the end of head (iii), insert “; or” and the following head—

“(iv) in the Flexible New Deal;”.

(8) In regulation 140 (meaning of “person in hardship”)—

(a) in paragraph (2)(7), after “or (4A)” insert “or (4B)”;

(b) in paragraph (4A)(8), at the end insert “or to the Flexible New Deal.”;

(c) after paragraph (4A), insert—

“(4B) In paragraph (2), a “person in hardship” does not include a claimant to whom section 19(5)(a) applies by virtue of any refusal or failure relating to a Back to Work Session.”.

(9) In regulation 140A (period when a person is not a person in hardship)(9)—

(a) in paragraph (1)(a), after “75(1)(a)(iv)” insert “or in the Flexible New Deal”;

(b) in paragraph (4), at the end add “or to the Flexible New Deal.”.

(10) In regulation 146A (meaning of “couple in hardship”)(10)—

(a) in paragraph (2), for “or (5)” substitute “, (5) or (5A)”;

(b) in paragraph (5), at the end add “or to the Flexible New Deal.”.

(c) after paragraph (5), insert—

“(5A) In paragraph (2), a “couple in hardship” does not include a joint-claim couple where section 20A(2)(a) applies to either or both members by virtue of any refusal or failure relating to a Back to Work Session.”.

(11) In regulation 146B (period when a joint-claim couple is not in hardship)(11)—

(a) in paragraph (1)(a), after “75(1)(a)(iv)” insert “or in the Flexible New Deal”;

(b) in paragraph (4), at the end add “or to the Flexible New Deal.”.

(12) In paragraph 13 of Schedule 2 (housing costs) (linking rule)—

(a) in sub-paragraph (1)(ee)(i) (12), after “75(1)(a)(iv)” insert “or in the Flexible New Deal”;

(b) in sub-paragraph (3A)(a)(13), after “employment zone programme”, insert “or in the Flexible New Deal”.

(1)

S.I. 1996/207.

(2)

Regulation 69 was substituted by S.I. 2000/239 and amended by S.Is. 2000/1370, 2000/1978 and 2001/1029.

(3)

Paragraph (2A) was inserted by S.I. 1997/2863 and was amended by S.Is. 2000/1978 and 2001/1029.

(4)

Regulation 75 was substituted by S.I. 1997/2863. Relevant amending instruments are S.Is. 2000/721, 2001/1029, 2006/909 and 2007/1316.

(5)

Paragraph (10A) was inserted by S.I. 1998/2117. Relevant amending instruments are S.Is. 1999/2640, 2001/1029, 2003/455, 2006/588 and 2008/698.

(6)

Paragraph (3A) was inserted by S.I. 1998/2117. Relevant amending instruments are S.Is. 1999/2640, 2001/1029, 2003/455, 2004/2308, 2005/3391, 2006/588 and 2008/698.

(7)

Paragraph (2) was amended by S.Is. 1996/1516, 1997/2863, 1999/2860 and 2000/1978.

(8)

Paragraph (4A) was inserted by S.I. 1997/2863 and was amended by S.I. 2001/1029.

(9)

Regulation 140A was inserted by S.I. 1997/2863 and was amended by S.Is. 2000/239 and 2001/1029.

(10)

Regulation 146A was inserted by S.I. 2000/1978 and was amended by S.Is. 2001/1029, 2005/2687 and 2005/2877.

(11)

Regulation 146B was inserted by S.I. 2000/1978 and was amended by S.I. 2001/1029.

(12)

Head (ee) was inserted by S.I. 1997/2863 and was amended by S.Is. 2001/1029 and 2008/698.

(13)

Paragraph (3A) was inserted by S.I. 1997/2863 and was amended by S.Is. 2000/1978, 2000/724, 2001/1029 and 2008/698.