2001 No. 151
The Social Security (New Deal Amendment) Regulations (Northern Ireland) 2001
Made
Coming into operation
The Department for Social Development, in exercise of the powers conferred on it by Articles 6(5), 14(4)(a) and (b), 21(2) and (10)(c), 22(4), 22B(4) and 36(2) of, and paragraph 3(b) of Schedule 1 to, the Jobseekers (Northern Ireland) Order 19951 and sections 122(1)(a) and (d), 131(1), 132(4)(a) and (b), 171(3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 19922, and now vested in it3, and of all other powers enabling it in that behalf, with the consent of the Department of Finance and Personnel4 in so far as regulations 13(1), (2), (3)(a), (4), (5)(a), (6), (7)(a), (8), (9)(a), (10), (11)(a), (12), (13)(a), (14), (15)(a) and 14(1), (2)(a) and (5) are concerned, and after agreement by the Social Security Advisory Committee that proposals in respect of those regulations should not be referred to it5, hereby makes the following Regulations:
Citation, commencement and interpretation1
1
These Regulations may be cited as the Social Security (New Deal Amendment) Regulations (Northern Ireland) 2001 and shall, subject to paragraph (2), come into operation on 9th April 2001.
2
Regulations 10(b)(iii) and 13(b)(iv) shall respectively come into operation immediately after regulations 6(b) and 12(b)(iii) of the Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 20016.
3
In these Regulations—
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations (Northern Ireland) 19877;
“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 19878;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 19969.
4
The Interpretation Act (Northern Ireland) 195410 shall apply to these Regulations as it applies to an Act of the Assembly.
Interpretation2
In regulation 1(2) of the Jobseeker’s Allowance Regulations—
a
after the definition of “polygamous marriage” there shall be inserted the following definition—
“Preparation for Employment Programme for 50 plus” means the programme known by that name and provided in pursuance of arrangements made under section 1 of the Employment and Training Act (Northern Ireland) 195011, being a programme lasting for up to 52 weeks for any one individual aged 50 years or over on the day that he first joined 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;
b
after the definition of “self-employed earner” there shall be inserted the following definition—
“self-employment route” means—
- a
that part of the Employment Option of the New Deal which is specified in regulation 75(1)(a)(i)(bb), or
- b
assistance in pursuing self-employed earner’s employment whilst participating in—
- i
the Preparation for Employment Programme specified in regulation 75(1)(a)(v)12, or
- ii
the Preparation for Employment Programme for 50 plus
Linking periods3
In regulation 48(2) of the Jobseeker’s Allowance Regulations (linking periods), for sub-paragraph (f)(ii)13, there shall be substituted the following—
ii
in the Voluntary Sector Option of the New Deal as specified in regulation 75(1)(a)(ii), in the Environmental Task Force Option of the New Deal as specified in regulation 75(1)(a)(iii) or in the Preparation for Employment Programme as specified in regulation 75(1)(a)(v) or in the Preparation for Employment Programme for 50 plus and was not entitled to a jobseeker’s allowance because, as a consequence of his participation, the claimant was engaged in remunerative work or failed to satisfy the condition specified either in Article 4(1)(c) or in Article 5(1)(a) of the Order.
Prescribed period for the purposes of Article 21(2) and 22A(3) of the Order4
In regulation 69 of the Jobseeker’s Allowance Regulations14 (prescribed period for purposes of Article 21(2) and 22A(3))—
a
in paragraph (1)(a), for “sub-paragraph (b) or (c)” there shall be substituted “sub-paragraph (b), (c) or (d)”;
b
in paragraph (1)(b)(ii)(aa), after “New Deal Options” there shall be inserted “or the Preparation for Employment Programme specified in regulation 75(1)(a)(v)”;
c
in paragraph (1)(b)(ii)(bb) for “and” at the end of the paragraph there shall be substituted “or”;
d
after paragraph (1)(b)(ii)(bb) there shall be added the following sub-head —
cc
where the determination in head (i) relates to the Preparation for Employment Programme specified in regulation 75(1)(a)(v), on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within Article 21(5) or Article 22A(2)(a) to (c) of the Order that relate to any Preparation for Employment Programme specified in regulation 75(1)(a)(v), and
e
after paragraph (1)(c) there shall be added the following sub-paragraph—
d
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 “Core Gateway” specified in regulation 75(1)(a)(iv)15) in which —
i
a jobseeker’s allowance is determined not to be payable to the claimant in circumstances falling within Article 21(5) or Article 22A(2)(a) to (c) of the Order and the determination relates to an act or omission arising after this regulation comes into operation in respect of the Preparation for Employment Programme specified in regulation 75(1)(a)(v);
ii
on 2 or more previous occasions a jobseeker’s allowance has been determined not to be payable to the claimant in circumstances falling within Article 21(5) or Article 22A(2)(a) to (c) of the Order and each such determination relates to any Preparation for Employment Programme specified in regulation 75(1)(a)(v), and
iii
no more than 12 months have elapsed between the beginning of the day on which the determination mentioned in head (i) 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 sub-paragraph (b)(ii)(cc) apply, or
bb
itself an earlier determination falling within head (i).
f
in paragraph (3)—
i
after “(1)(c)” there shall be inserted “or (d)”;
ii
in sub-paragraph (c), after “New Deal options” there shall be inserted “or the Preparation for Employment Programme specified in regulation 75(1)(a)(v)”;
g
in paragraph (4)(a)(i)—
i
after “Department of Higher and Further Education, Training and Employment” there shall be added “either”;
ii
after “New Deal options” there shall be added “or the day on which the claimant is or was no longer required to participate in the Preparation for Employment Programme specified in regulation 75(1)(a)(v)”.
Interpretation of Articles 21 and 22A of the Order and Part V of the Jobseeker’s Allowance Regulations5
In regulation 75 of the Jobseeker’s Allowance Regulations16 (interpretation)—
a
in paragraph (i)(a) after head (iv) there shall be added the following head—
v
the Preparation for Employment Programme, that is to say, the programme known by that name and provided in pursuance of arrangements made under section 1 of the Employment and Training Act (Northern Ireland) 1950, being a programme lasting for any one individual for up to 52 weeks for any one individual aged 25 years or over and less than 50 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;
b
in paragraph (4), after “within paragraph (1)(a)”, there shall be inserted “or the Preparation for Employment Programme for 50 plus”.
Notional income6
In regulation 105 of the Jobseeker’s Allowance Regulations (notional income)—
a
in paragraph (10A)(c)17, after head (i) there shall be inserted the following head—
ia
in the Preparation for Employment Programme for 50 plus;
b
in paragraph (13A)18, at the end of sub-paragraph (b)(i) there shall be added “, other than where the service is performed in connection with the claimant’s participation in the Preparation for Employment Programme for 50 plus or in the Preparation for Employment Programme specified in regulation 75(1)(a)(v)”.
Notional capital7
In regulation 113(3A) of the Jobseeker’s Allowance Regulations (notional capital)19, after sub-paragraph (b)(i) there shall be inserted the following—
ia
in the Preparation for Employment Programme for 50 plus
Meaning of “person in hardship” and “couple in hardship”8
In regulation 140(4A) of the Jobseeker’s Allowance Regulations20 (meaning of “person in hardship”), for the words from “an employment programme” to the end of that paragraph there shall be substituted “one of the New Deal Options.”.
Housing costs9
In Schedule 2 to the Jobseeker’s Allowance Regulations (housing costs)—
a
in paragraph 4(4A)21 (housing costs not met), at the end of paragraph (a), there shall be added “or in the Preparation for Employment Programme for 50 plus”;
b
in paragraph 13 (linking rule)—
i
in sub-paragraph (1)(ee)(i)22, after “regulation 75(1)(a)” there shall be inserted “, or in the Preparation for Employment Programme for 50 plus”;
ii
in sub-paragraph (3A)23—
aa
in paragraph (a), after “regulation 75(1)(a)” there shall be inserted “or in the Preparation for Employment Programme for 50 plus”;
bb
at the end, there shall be added “or activity”;
iii
in sub-paragraph (14)(c), after paragraph (ii)24 there shall be added the following paragraph—
or
iii
the Preparation for Employment Programme for 50 plus,
Income to be disregarded10
In Schedule 6 to the Jobseeker’s Allowance Regulations (sums to be disregarded in the calculation of income other than earnings)—
a
in paragraph 14, for sub-paragraph (d)25 there shall be substituted the following sub-paragraph—
d
any child care expenses reimbursed to the claimant in respect of his participation in a New Deal option or in the Preparation for Employment Programme for 50 plus
b
for paragraph 5826, there shall be substituted the following paragraph—
58
Any mandatory top-up payment made to a person pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950 in respect of that person’s participation in—
a
the self-employment route;
b
an employment programme specified in—
i
regulation 75(1)(a)(ii) (Voluntary Sector Option of the New Deal);
ii
regulation 75(1)(a)(iii) (Environmental Task Force Option of the New Deal), or
iii
regulation 75(1)(a)(v) (Preparation for Employment Programme), or
c
the Preparation for Employment Programme for 50 plus.
Capital to be disregarded11
For paragraph 43 of Schedule 7 to the Jobseeker’s Allowance Regulations27 (capital to be disregarded), there shall be substituted the following paragraph—
43
Any mandatory top-up payment made to a person pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950 in respect of that person’s participation in—
a
the self-employment route;
b
an employment-programme specified in—
i
regulation 75(1)(a)(ii) (Voluntary Sector Option of the New Deal);
ii
regulation 75(1)(a)(iii) (Environmental Task Force Option of the New Deal), or
iii
regulation 75(1)(a)(v) (Preparation for Employment Programme), or
c
the Preparation for Employment Programme for 50 plus,
but only for the period of 52 weeks from the date of receipt of the payment.
Amendment of Schedule 3 to the Income Support Regulations12
In Schedule 3 to the Income Support Regulations28 (housing costs)—
a
in paragraph 4(4A)29, at the end of paragraph (a), there shall be added “or in the Preparation for Employment Programme for 50 plus”;
b
in paragraph 14 (linking rule)—
i
in sub-paragraph (1)(ee)(i)30, after “Jobseeker’s Allowance Regulations (Northern Ireland) 1996” there shall be inserted “, or in the Preparation for Employment Programme for 50 plus”;
ii
in sub-paragraph (3ZA)31—
aa
in paragraph (a), after “Jobseeker’s Allowance Regulations (Northern Ireland) 1996” there shall be inserted “or in the Preparation for Employment Programme for 50 plus”;
bb
at the end, there shall be added “or activity”;
iii
in sub-paragraph (3B)32, after “Jobseeker’s Allowance Regulations (Northern Ireland) 1996” there shall be inserted “or in the Preparation for Employment Programme for 50 plus”;
iv
in sub-paragraph (12)(c), after paragraph (ii)33 there shall be added the following paragraph—
or
iii
the Preparation for Employment Programme for 50 plus,
Common amendments13
1
In regulation 2(1) of the Housing Benefit Regulations (interpretation), after the definition of “net profit” there shall be inserted the following definition—
“the New Deal options” means the employment programmes specified in regulation 75(1)(a) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 and the training scheme specified in regulation 75(1)(b)(ii) of those Regulations;
2
In each of the regulations specified in paragraph (3)—
a
there shall be inserted in the appropriate place the following definition—
“Preparation for Employment Programme for 50 plus” means the programme known by that name and provided in pursuance of arrangements made under section 1 of the Employment and Training Act (Northern Ireland) 1950, being a programme lasting for up to 52 weeks for any one individual aged 50 years or over on the day that he first joined 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;
b
after the definition of “self-employed earner” there shall be inserted the following definition—
“self-employment route” means—
- a
that part of the Employment Option of the New Deal which is specified in regulation 75(1)(a)(i)(bb) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996; or
- b
assistance in pursuing self-employed earner’s employment whilst participating in—
- i
in the Preparation for Employment Programme specified in regulation 75(1)(a)(v)34 of those Regulations, or
- ii
in the Preparation for Employment Programme for 50 plus
3
The regulations specified in this paragraph (interpretation) are—
a
regulation 2(1) of the Housing Benefit Regulations;
b
regulation 2(1) of the Income Support Regulations.
4
In each of the regulations specified in paragraph (5), in sub-paragraph (c) after head (i) there shall be inserted the following head—
ia
in the Preparation for Employment Programme for 50 plus; or
5
The regulations specified in this paragraph (which relate to notional income) are—
a
regulation 35(3A) of the Housing Benefit Regulations35;
b
regulation 42(4ZA) of the Income Support Regulations36.
6
In each of the regulations specified in paragraph (7), at the end of sub-paragraph (b)(i) there shall be added “, other than where the service is performed in connection with the claimant’s participation in the Preparation for Employment Programme specified in regulation 75(1)(a)(v) of those Regulations or in the Preparation for Employment Programme for 50 plus”.
7
The regulations specified in this paragraph (which relate to notional earnings) are—
a
regulation 35(5A) of the Housing Benefit Regulations37;
b
regulation 42(6A) of the Income Support Regulations38.
8
In each of the regulations specified in paragraph (9), after sub-paragraph (b)(i) there shall be inserted the following—
ia
in the Preparation for Employment Programme for 50 plus; or
9
The regulations specified in this paragraph (which relate to notional capital) are—
a
regulation 43(3A) of the Housing Benefit Regulations39;
b
regulation 51(3A) of the Income Support Regulations40.
10
In each specified paragraph of the Schedules specified in paragraph (11), for sub-paragraph (d)41 there shall be substituted the following sub-paragraph—
d
any child care expenses reimbursed to the claimant in respect of his participation in a New Deal option or in the Preparation for Employment Programme for 50 plus
11
The paragraph numbers and Schedules specified in this paragraph (which relate to sums to be disregarded in the calculation of income other than earnings) are—
a
paragraph 11 of Schedule 4 to the Housing Benefit Regulations42;
b
paragraph 13 of Schedule 9 to the Income Support Regulations43.
12
For each specified paragraph of the Schedules specified in paragraph (13), there shall be substituted the following paragraph—
Any mandatory top-up payment made to a person pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950 in respect of that person’s participation in—
- a
the self-employment route;
- b
an employment programme specified in—
- i
regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (Voluntary Sector Option of the New Deal);
- ii
regulation 75(1)(a)(iii) of those Regulations (Environmental Task Force Option of the New Deal), or
- iii
the Preparation for Employment Programme specified in regulation 75(1)(a)(v) of those Regulations, or
- c
the Preparation for Employment Programme for 50 plus.
13
The paragraph numbers and Schedules specified in this paragraph (which relate to sums to be disregarded in the calculation of income other than earnings) are—
a
paragraph 66 of Schedule 4 to the Housing Benefit Regulations44;
b
paragraph 60 of Schedule 9 to the Income Support Regulations45.
14
For each specified paragraph of the Schedules specified in paragraph (15), there shall be substituted the following paragraph—
Any mandatory top-up payment made to a person pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950 in respect of that person’s participation in—
- a
the self-employment route;
- b
an employment programme as specified in—
- i
regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (Voluntary Sector Option of the New Deal);
- ii
regulation 75(1)(a)(iii) of those Regulations (Environmental Task Force Option of the New Deal), or
- iii
the Preparation for Employment Programme specified in regulation 75(1)(a)(v) of those Regulations, or
- c
the Preparation for Employment Programme for 50 plus,
but only for the period of 52 weeks from the date of receipt of the payment.
Consequential amendments14
1
In the provisions specified in paragraph (2), for the words from “an employment programme” to “New Deal)” there shall be substituted “the self-employment route”.
2
The provisions specified for the purposes of paragraph (1) are—
3
In the Income Support Regulations—
a
in both the title to regulation 23A58 (income of participants in the self-employment route of the Employment Option of the New Deal) and in that regulation, “of the Employment Option of the New Deal” shall be omitted;
b
in regulation 39A59 (interpretation), the definition of “self-employment route” shall be omitted;
c
in the titles to Chapter IVA60 and to regulations 39B, 39C and 39D and in both regulations 39C(1)(a) and 39D(1) “of the Employment Option of the New Deal” shall be omitted.
4
In the Jobseeker’s Allowance Regulations—
a
in the title to regulation 88A61 (income of participants in the self-employment route of the Employment Option of the New Deal) and in that regulation “of the Employment Option of the New Deal” shall be omitted;
b
in regulation 102A62 (interpretation), the definition of “self-employment route” shall be omitted;
c
in the titles to Chapter IVA63 and to regulations 102B, 102C and 102D and in both regulations 102C(1)(a) and 102D(1) “of the Employment Option of the New Deal” shall be omitted.
5
In regulation 40(7)64 (income treated as capital) of the Housing Benefit Regulations, for “those Regulations” there shall be substituted “the Jobseeker’s Allowance Regulations (Northern Ireland) 1996”.
Sealed with the Official Seal of the Department for Social Development on 3rd April 2001.
The Department of Finance and Personnel hereby consents to regulations 13(1), (2), (3)(a), (4), (5)(a), (6), (7)(a), (8), (9)(a), (10), (11)(a), (12), (13)(a), (14) and (15)(a) and 14(1), (2)(a) and (5) of the foregoing Regulations.
Sealed with the Official Seal of the Department of Finance and Personnel on 3rd April 2001.
(This note is not part of the Regulations.)