6 Regulation 31
In regulation 31 (notional income)–
(a) for paragraph (9A) substitute–

“9A The payments for the purposes of the exclusion in paragraph (9) are any payment of income–
(a) made under the MacFarlane Trusts, the Fund, the Eileen Trust or the Independent Living Funds;
(b) made pursuant to section 19(1)(a) of the Coal Industry Act 1994 (concessionary coal);
1994 c. 21.
(c) made pursuant to section 2 of the Employment and Training Act 1973 in respect of a person’s participation–
(i) in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseseker’s Allowance Regulations;
(ii) in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations;
(iii) in a qualifying course within the meaning specified in regulation 17A(7) of those Regulations; or
Regulation 17A was inserted by S.I.1998/1274.
(iv) in the intensive activity period (New Deal) programme but only to the extent that it is not used for a purpose specified in paragraph (9)(a) of this regulation.
1973 c. 50; section 2 was substituted by section 25 of the Employment Act 1998 (c. 19) and then amended by Schedule 7 to the Employment Act 1989 (c. 38).”

;
(b) in paragraph (10)–
(i) at the beginning, for “Where”, substitute “Subject to paragraph (10A), where”;
(ii) omit the words from “; but this paragraph” to the end of the paragraph;
(c) after paragraph (10) insert–

“10A Paragraph (10) shall not apply–
(a) to a relevant person who is engaged by a charitable or voluntary organisation or is a volunteer if it is reasonable for him in any of those cases to provide his services free of charge; or
(b) to a service performed in connection with the relevant person’s participation–
(i) in an employment or training programme in accordance with regulation 19(1)(q) of the Jobseeker’s Allowance Regulations; or
(ii) in the intensive activity period (New Deal) programme.”

.
Regulation 31 was amended by S.I.1998/808.