The Social Security Amendment (New Deal) Regulations 2001

Common amendments

15.—(1) In both regulation 2(1) of the Council Tax Benefit Regulations and regulation 2(1) of the Housing Benefit Regulations (interpretation) there shall be inserted in the appropriate place the following definition—

““the New Deal options” means the employment programmes specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 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) below—

(a) there shall be inserted in the appropriate place the following definition—

““Intensive Activity Period for 50 plus” means the programme known by that name and provided in pursuance of arrangements made by or on behalf of the Secretary of State under section 2 of the Employment and Training Act 1973, being a programme lasting for up to 52 weeks for any one individual aged 50 years or over on the day that he or she 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) in the definition of “self-employment route”(1), at the end of paragraph (b)(ii), there shall be added the word “or”, and then there shall be inserted the following—

“(iii) the Intensive Activity Period specified in regulation 75(1)(a)(iv); or

(iv) the Intensive Activity Period for 50 plus”.

(3) The regulations specified in this paragraph (interpretation) are—

(a) regulation 2(1) of the Council Tax Benefit Regulations;

(b) regulation 2(1) of the Housing Benefit Regulations;

(c) regulation 2(1) of the Income Support Regulations.

(4) In each of the regulations specified in paragraph (5) of this regulation, after sub-paragraph (c)(ii) there shall be inserted the following—

“(iia) in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus; or”.

(5) The regulations specified in this paragraph (which relate to notional income) are—

(a) regulation 26(3A) of the Council Tax Benefit Regulations(2);

(b) regulation 35(3A) of the Housing Benefit Regulations(3);

(c) regulation 42(4ZA) of the Income Support Regulations(4).

(6) In each of the regulations specified in paragraph (7) of this regulation, at the end of sub-paragraph (b)(i) there shall be added the words “, other than where the service is performed in connection with the claimant’s participation in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus”.

(7) The regulations specified in this paragraph (which relate to notional earnings) are—

(a) regulation 26(5A) of the Council Tax Benefit Regulations(5);

(b) regulation 35(5A) of the Housing Benefit Regulations(6);

(c) regulation 42(6A) of the Income Support Regulations(7).

(8) In each of the regulations specified in paragraph (9) of this regulation, after sub-paragraph (b)(ii) there shall be inserted the following—

“(iia) in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus; or”.

(9) The regulations specified in this paragraph (which relate to notional capital) are—

(a) regulation 34(3A) of the Council Tax Benefit Regulations(8);

(b) regulation 43(3A) of the Housing Benefit Regulations(9);

(c) regulation 51(3A) of the Income Support Regulations(10).

(10) In each specified paragraph of the Schedules specified in paragraph (11) of this regulation, for sub-paragraph (d)(11) there shall be substituted the following—

“(d) any child care expenses reimbursed to the claimant in respect of his participation in a New Deal option, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of the Jobseeker’s Allowance Regulations 1996 or in the Intensive Activity Period 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 Council Tax Benefit Regulations;

(b) paragraph 11 of Schedule 4 to the Housing Benefit Regulations;

(c) paragraph 13 of Schedule 9 to the Income Support Regulations.

(12) For each specified paragraph of the Schedules specified in paragraph (13) of this regulation, there shall be substituted the following paragraph—

• “Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 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)(bb) of those Regulations (Voluntary Sector Option of the New Deal);

  (ii)

  regulation 75(1)(a)(ii)(cc) of those Regulations (Environment Task Force Option of the New Deal) or;

  (c)

  the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period 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)(12) are—

(a) paragraph 64 of Schedule 4 to the Council Tax Benefit Regulations;

(b) paragraph 64 of Schedule 4 to the Housing Benefit Regulations;

(c) paragraph 62 of Schedule 9 to the Income Support Regulations.

(14) For each specified paragraph of the Schedules specified in paragraph (15) of this regulation, there shall be substituted the following paragraph—

• “Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 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)(bb) of those Regulations (Voluntary Sector Option of the New Deal);

  (ii)

  regulation 75(1)(a)(ii)(cc) of those Regulations (Environment Task Force Option of the New Deal) or;

  (c)

  the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus,

  • but only for the period of 52 weeks from the date of receipt of the payment.”.

(15) The paragraph numbers and Schedules specified in this paragraph (which relate to capital to be disregarded)(13) are—

(a) paragraph 53 of Schedule 5 to the Council Tax Benefit Regulations;

(b) paragraph 53 of Schedule 5 to the Housing Benefit Regulations;

(c) paragraph 50 of Schedule 10 to the Income Support Regulations.

(1)

The definition of “self-employment route” was inserted in each of these Regulations by S.I. 2000/2910 and amended by S.I. 2001/652.

(2)

Regulation 26(3A) was inserted by S.I. 1998/2164.

(3)

Regulation 35(3A) was inserted by S.I. 1998/2164.

(4)

Regulation 42(4ZA) was inserted by S.I. 1998/2117.

(5)

Regulation 26(5A) was inserted by S.I. 2000/678.

(6)

Regulation 35(5A) was inserted by S.I. 2000/678.

(7)

Regulation 42(6A) was inserted by S.I. 1999/2554.

(8)

Regulation 34(3A) was inserted by S.I. 1998/2164.

(9)

Regulation 43(3A) was inserted by S.I. 1998/2164.

(10)

Regulation 51(3A) was inserted by S.I. 1998/2117.

(11)

Sub-paragraph (d) was inserted in each case by S.I. 1997/2863.

(12)

The specified paragraphs were inserted by S.I. 1997/2863 and substituted by S.I. 1998/1174.

(13)

The specified paragraphs were inserted by S.I. 1997/2863 and substituted by S.I. 1998/1174.