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Treatment of persons and payments for the purposes of the Social Security Contributions and Benefits Act 1992, the Jobseekers Act 1995 and specified subordinate legislation

2.—(1) The provisions of this article shall apply to the following legislation—

(a)Part 1 of the Social Security Contributions and Benefits Act 1992(1);

(b)the Jobseekers Act 1995(2); and

(c)the subordinate legislation specified in the Schedule to this Order.

(2) If, for any period commencing on or after the day on which this Order comes into force, a Flexible New Deal participant receives, or is eligible to receive, a training allowance, that person is to be treated for that period and in respect of participation in the Flexible New Deal as not being employed but as participating in arrangements for training under section 2 of the Employment and Training Act 1973.

(3) Except as mentioned in paragraph (4), any payment made to a Flexible New Deal participant during that period in connection with that person’s use of facilities provided in pursuance of those arrangements shall be treated in the same manner as a payment of training allowance made in respect of such training.

(4) Paragraph (3) does not apply in respect of any trading payment made to a Flexible New Deal participant who is receiving assistance in pursuing self-employed earner’s employment whilst participating in that programme.