2002 No. 275
HOUSING; RATES; SOCIAL SECURITY

The Social Security (Employment Programme Amendment) Regulations (Northern Ireland) 2002

Made
Coming into operation
The Department for Social Development, in exercise of the powers conferred by sections 122(1)(a) and (d), 132(3) and (4)(b), 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 19921 and Articles 14(1) and (4)(b), 21(10)(c) and 36(2) of, and paragraph 3(b) of Schedule 1 to, the Jobseekers (Northern Ireland) Order 19952, 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 regulation 4 is concerned, and after agreement by the Social Security Advisory Committee that proposals in respect of that regulation 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 (Employment Programme Amendment) Regulations (Northern Ireland) 2002 and shall come into operation on the 14th October 2002.

(2)

The Interpretation Act (Northern Ireland) 19546 shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Jobseeker’s Allowance Regulations2.

(1)

The Jobseeker’s Allowance Regulations (Northern Ireland) 19967 shall be amended in accordance with paragraphs (2) to (6).

(2)

In regulation 1(2) (interpretation) for paragraph (a) of the definition of “self-employment route”8 there shall be substituted the following paragraph –

“(a)

the Self-Employed Employment Option of the New Deal which is specified in regulation 75(1)(a)(i); or”.

(3)

In regulation 48(2)(f)(i)9 (linking periods) before “Employment Option” the words “Self-Employed” shall be inserted.

(4)

In regulation 75(1)(a)10 (interpretation) for head (i)11 (Employment Option of the New Deal) there shall be substituted the following head –

“(i)

the Self-Employed Employment Option of the New Deal, being a programme which lasts for any individual for up to 26 weeks and which includes for that individual assistance in pursuing self-employed earner’s employment;”.

(5)

After paragraph 5812 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings) the following paragraph shall be inserted –

“58A.

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 training scheme specified in regulation 75(1)(b)(ii) (Full-Time Education and Training Option of the New Deal).”.

(6)

After paragraph 4313 of Schedule 7 (capital to be disregarded) the following paragraph shall be inserted –

“43A.

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 training scheme specified in regulation 75(1)(b)(ii) (Full-Time Education and Training Option of the New Deal) but only for the period of 52 weeks from the date of receipt of the payment.”.

Amendment of the Income Support (General) Regulations3.

(1)

The Income Support (General) Regulations (Northern Ireland) 198714 shall be amended in accordance with paragraphs (2) to (4) –

(2)

In regulation 2(1) (interpretation) for paragraph (a) of the definition of “self-employment route”15 there shall be substituted the following paragraph –

“(a)

the Self-Employed Employment Option of the New Deal which is specified in regulation 75(1)(a)(i) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996; or”.

(3)

After paragraph 6016 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) the following paragraph shall be inserted –

“60A.

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 training scheme specified in regulation 75(1)(b)(ii) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (Full-Time Education and Training Option of the New Deal).”.

(4)

After paragraph 4817 of Schedule 10 (capital to be disregarded) the following paragraph shall be inserted –

“48A.

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 training scheme specified in regulation 75(1)(b)(ii) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (Full-Time Education and Training Option of the New Deal) but only for the period of 52 weeks from the date of receipt of the payment.”.

Amendment of the Housing Benefit (General) Regulations4.

(1)

The Housing Benefit (General) Regulations (Northern Ireland) 198718 shall be amended in accordance with paragraphs (2) and (3).

(2)

After paragraph 66 of Schedule 419 (sums to be disregarded in the calculation of income other than earnings) the following paragraph shall be inserted –

“66A.

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 training scheme specified in regulation 75(1)(b)(ii) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (Full-Time Education and Training Option of the New Deal).”.

(3)

After paragraph 51 of Schedule 520 (capital to be disregarded) the following paragraph shall be inserted –

“51A.

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 training scheme specified in regulation 75(1)(b)(ii) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (Full-Time Education and Training Option of the New Deal) but only for a period of 52 weeks from the date of receipt of the payment.”.

Sealed with the Official Seal of the Department for Social Development on 6th September 2002.

John O'Neill
Senior Officer of the
Department for Social Development

The Department of Finance and Personnel hereby consents to regulation 4 of the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 6th September 2002.

N. Taylor
Senior Officer of the
Department of Finance and Personnel
(This note is not part of the Regulations.)

These Regulations amend the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 the Income Support (General) Regulations (Northern Ireland) 1987 and the Housing Benefit (General) Regulations (Northern Ireland) 1987.

In particular, these Regulations amend the definition of the Employment Option of the New Deal in regulation 75 of the Jobseeker’s Allowance Regulations so that the employed earner’s Employment Option of the New Deal becomes subject to sanctions of discretionary length and is omitted from the linking provisions set out in regulation 48.

These Regulations also provide that mandatory top-up payments made under section 1 of the Employment and Training Act (Northern Ireland) 1950 (c. 29) in relation to the Full-Time Education and Training Option of the New Deal shall be disregarded in the calculation of income or capital for jobseeker’s allowance, income support and housing benefit.

In so far as these Regulations are required, for the purposes of regulation 4, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992, (“the 1992 Act”), after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the 1992 Act, are not subject to the requirements of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

These Regulations do not impose a charge on business.