The Employment Zones Regulations 2003

Statutory Instruments

2003 No. 2438

SOCIAL SECURITY

The Employment Zones Regulations 2003

Made

22nd September 2003

Laid before Parliament

26th September 2003

Coming into force

27th October 2003

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 60(1) to (3) and (9) and 83(4) and (6) of the Welfare Reform and Pensions Act 1999(1) and section 19 of the Jobseekers Act 1995(2), and all other powers enabling him in that behalf, and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it(3), hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Employment Zones Regulations 2003 and shall come into force on 27th October 2003.

(2) In these Regulations—

“claimant” means a claimant for a jobseeker’s allowance(4);

“direction” means a direction to participate in an employment zone programme;

“employment officer” means an officer of the Secretary of State or such other person as may be designated for the purposes of sections 8 and 19 of the Jobseekers Act 1995 by an order made by the Secretary of State;

“employment zone” means an area within Great Britain subject to a designation for the purpose of these Regulations by the Secretary of State pursuant to section 60 of the Welfare Reform and Pensions Act 1999 as an area wherein an employment zone programme subject to these Regulations(5) is established;

“employment zone programme” means a programme designed to assist claimants for a jobseeker’s allowance to obtain sustainable employment established by the Secretary of State pursuant to section 60 of the Welfare Reform and Pensions Act 1999 for an employment zone.

(3) For the purposes of section 60 of the Welfare Reform and Pensions Act 1999 “employment” means employment whether under a contract of service or a contract of apprenticeship, or a contract for services, or otherwise under a contract, and includes in particular self-employment and the holding of an office.

Referral to an employment zone programme

2.—(1) An employment officer may direct a claimant who is aged 25 years or over and ordinarily resident within an employment zone to participate in an employment zone programme if in the period immediately preceding the date on which the direction is made, the claimant—

(a) was entitled to a jobseeker’s allowance for a continuous period of at least 18 months; or

(b) was entitled to a jobseeker’s allowance for a cumulative total of at least 18 months out of the previous 21 months; or

(c) had participated in an employment zone programme pursuant to the Employment Zones Regulations 2000(6) or these Regulations in the previous twelve months but left that programme before completing the programme.

(2) An employment officer may direct a claimant who is aged 18 years or over but less than 25 years who has participated in a programme of training known as New Deal for Young People(7) and is ordinarily resident within an employment zone to participate in an employment zone programme if in the period immediately proceeding the date on which the direction is made, the claimant—

(a) was entitled to a jobseeker’s allowance for a continuous period of at least 6 months;

(b) was entitled to a jobseeker’s allowance for a cumulative period of at least 6 months provided that any breaks in that claim do not exceed a period of 28 days in total; or

(c) had participated in an employment zone programme in the previous 12 months but left that programme before completing the programme.

Early entry to an employment zone programme

3.  An employment officer may direct a claimant to participate in an employment zone programme provided that the claimant has requested the direction and—

(a) his personal circumstances place him at a significant disadvantage in obtaining employment; and

(b) he is ordinarily resident within an employment zone or his address for payment of his jobseeker’s allowance is located within an employment zone.

Stages of employment zone programme

4.—(1) An employment zone programme shall consist of two stages—

(a) the first stage shall last for a maximum period of 4 weeks;

(b) the second stage shall last for a maximum period of 26 weeks.

(2) A claimant begins to participate in the first stage of an employment zone programme on the day when he attends an initial interview with an employment officer who is an employment zone programme adviser following a direction given under regulation 2 or 3.

(3) Subject to paragraph (1)(a), the claimant shall cease to participate in the first stage on such day as may be specified by an employment officer in a written notification to the claimant.

(4) A claimant begins to participate in the second stage of an employment zone programme on the day specified by an employment officer in a written notification to the claimant.

(5) Subject to paragraph (1)(b), the claimant shall cease to participate in the second stage on such day as may be specified by an employment officer in a written notification to the claimant.

Modification of the requirements of the Jobseekers Act 1995

5.—(1) During the claimant’s participation in the first stage of an employment zone programme the requirements for receipt of a jobseeker’s allowance specified in section 1(2) of the Jobseekers Act 1995(8) are modified by suspension of the requirement in section 1(2)(b) of that Act that the claimant has entered into a jobseeker’s agreement which remains in force.

(2) During the claimant’s participation in the second stage of an employment zone programme the requirements for receipt of a jobseeker’s allowance specified in section 1(2) of the Jobseekers Act 1995(9) are modified by the suspension of the requirements in section 1(2)(a) to (c) of that Act that the claimant—

(a) be available for employment;

(b) has entered into a jobseeker’s agreement which remains in force; and

(c) is actively seeking employment.

Amendment of the Jobseeker’s Allowance Regulations 1996

6.  In regulation 75(1)(a) of the Jobseeker’s Allowance Regulations 1996(10) for head (iii)(11) substitute—

“employment zone programme, being a programme established by the Secretary of State pursuant to section 60 of the Welfare Reform and Pensions Act 1999 for an employment zone designed to assist claimants for a jobseeker’s allowance to obtain sustainable employment and subject to the Employment Zones Regulations 2000 or the Employment Zones Regulations 2003.”

Signed by authority of the Secretary of State for Work and Pensions.

P.Hollis

Parliamentary Under-Secretary of State,

Department for Work and Pensions

22nd September 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for a claimant of a jobseeker’s allowance to participate in an employment zone programme established by the Secretary of State under section 60 of the Welfare Reform and Pensions Act 1999(12) in areas of Great Britain known as “employment zones” to assist jobseekers to obtain sustainable employment.

Employment zones are designated by the Secretary of State in accordance with section 60 of the Welfare Reform and Pensions Act 1999. A list of the areas designated as employment zones for the purposes of these Regulations can be obtained from Welfare to Work Strategy Division, Department for Work and Pensions, Room N1108 Moorfoot, Sheffield, S1 4PQ. The list is also available on the Internet at www.employmentzones.gov.uk.

Regulation 1 provides for citation, commencement and interpretation.

Regulation 2 specifies those claimants who may be directed by an employment officer to participate in an employment zone programme. Regulation 2(1) makes provision for the participation in an employment zone programme of a jobseeker’s allowance claimant who is aged 25 years or over and lives within an area designated as an employment zone for the purpose of these Regulations subject to certain specified conditions. Regulation 2(2) makes provision for the participation in an employment zone programme of a jobseeker’s allowance claimant who is aged 18 years or more but under 25 years of age who has participated in the programme of assistance for such jobseekers known as “New Deal for Young People”(13) and lives in an area designated as an employment zone for the purposes of these Regulations subject to certain specified conditions.

Regulation 3 makes provision for a jobseeker’s allowance claimant who is at a significant disadvantage in the labour market to apply to an employment officer for a direction to enable him to participate in an employment zone programme. Such a jobseeker is not subject to the qualifying requirements set out in regulation 2 provided that he is either ordinarily resident within an employment zone or the address for payment of his jobseeker’s allowance is located within an employment zone.

Regulation 4 sets out the two stages of an employment zone programme.

Regulation 5 makes provision for the requirements of the Jobseekers Act 1995 to be modified in the case of a person who is participating in an employment zone programme. Regulation 5(1) provides that during the first stage of the programme the requirement for a claimant of jobseeker’s allowance to maintain a jobseeker’s agreement is suspended. Regulation 5(2) provides that during the second stage of the programme the requirements for a claimant of jobseeker’s allowance to be available for work, to maintain a jobseeker’s agreement and to be actively seeking work are suspended.

Regulation 6 amends the definition of “employment zone programme” in regulation 75(1)(a)(iii) of the Jobseeker’s Allowance Regulations 1996(14). This has the effect of enabling the sanction provision set out in section 19 of the Jobseekers Act 1995(15) to apply to defaults by a jobseeker’s allowance claimant in connection with an employment zone programme operated under the Employment Zone Regulations 2000 or these Regulations.

The Regulations do not impose a charge on business.

(1)

1999 c. 30; subsection (9) is an interpretation provision cited for the meaning given to the words “employment” and “prescribed”.

(2)

1995 c. 18.

(3)

See sections 170 and 173(1)(b) of the Social Security Administration Act 1992; section 84(1) of and Schedule 12 Part II (paragraphs 79 and 81(a)) to the Welfare Reform and Pensions Act 1999 added that Act to the list of “relevant enactments” in respect of which regulations must normally be referred to the Committee.

(4)

Jobseeker’s allowance is a social security benefit paid in accordance with the provisions of the Jobseekers Act 1995 and the Jobseeker’s Allowance Regulations 1996 (S.I.1996/207) as amended.

(5)

The list of areas designated as employment zones for the purposes of these Regulations can be obtained from Welfare to Work Strategy Division, Department for Work and Pensions, Room N1108, Moorfoot, Sheffield S1 4PQ. This list is published on the internet at www.employmentzones.gov.uk.

(6)

S.I.2000/721 as amended by S.I.2000/1279; S.I.2000/1305; S.I.2001/261; S.I.2001/1865 and S.I.2001/2521.

(7)

New Deal for Young People is a programme of training and assistance provided in accordance with section 2 of the Employment and Training Act 1973 (c. 50) to assist people claiming for a jobseeker’s allowance aged 18 years or more but less than 25 years of age to obtain employment.

(8)

1995 c. 18, subsection (2) was amended by s.59 of and Schedule 7 to the Welfare Reform and Pensions Act 1999 c. 30.

(9)

1995 c. 18.

(10)

S.I.1996/207.

(11)

The definition of an employment zone programme in regulation 75(1)(a)(iii) of the Jobseeker’s Allowance Regulations 1996 was inserted by regulation 10 of the Employment Zone Regulations 2000 (S.I.2000/721).

(12)

1999 c. 30.

(13)

‘New Deal for Young People’ is a programme of training and assistance provided in accordance with section 2 of the Employment and Training Act 1973 (c. 50) to assist people claiming for a jobseeker’s allowance aged 18 years or more but less than 25 years of age to obtain employment.

(14)

S.I.1996/207. Regulation 75(1)(a)(iii) was amended by regulation 10 of the Employment Zones Regulations 2000 (S.I.2000/721).

(15)

1995 c. 18.