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4.—(1) In relation to a person to whom paragraph (2) applies, “employment programme” in section 19 of the Act means, in addition to the programmes listed in regulation 75 of the Jobseeker’s Allowance Regulations, Project Work.
(2) This paragraph applies to any person to whom regulation 3 applies and who has been given or sent a notice in writing by an employment officer advising him that if he fails to participate in Project Work his benefit could cease to be payable or could be payable at a lower rate.
(3) In relation to a person to whom paragraph (2) applies, for sub-paragraphs (ii) and (iii) of paragraph (a) regulation 69 of the Jobseeker’s Allowance Regulations there shall be substituted the following—
“(ii)either—
(aa)where the determination mentioned in (i) above does not relate to Project Work, on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstance falling within section 19(5), or
(bb)where the determination mentioned in (i) above relates to Project Work, on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5) that relate to Project Work or a determination has been made that he was not to be treated as available for employment for the purpose of entitlement to income support in accordance with the Income Support (Pilot Scheme) Regulations 1996 (S.I. 1996/1252), and
(iii)either—
(aa)where the determination mentioned in (i) above does not relate to Project Work, the first date on which the jobseeker’s allowance was not payable to him on the previous occasion mentioned in (ii) above falls within the period of 12 months preceding the date of the determination mentioned in (i) above, or
(bb)where the determination mentioned in (i) above relates to Project Work, the first date on which the jobseeker’s allowance was not payable to him or the date on which it was determined that he was not to be treated as available for employment for the purpose of entitlement to income support on the previous occasion mentioned in (ii) above falls within the period of 12 months preceding the date of the determination mentioned in (i) above;”.
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