2009 No. 1562
The Flexible New Deal (Miscellaneous Provisions) Order 2009
Made
Laid before Parliament
Coming into force
Arrangements known as “the Flexible New Deal” have been made by the Secretary of State under section 2 of the Employment and Training Act 19731 which appear to him to make provision for persons using facilities provided in pursuance of those arrangements to receive payments in connection with their use of those facilities.
The Secretary of State makes the following Order in exercise of the powers conferred by sections 26(1)(a), (c) and (d) and (2) of the Employment Act 19882.
Citation, commencement and interpretation1
1
This Order may be cited as the Flexible New Deal (Miscellaneous Provisions) Order 2009.
2
It shall come into force on 5th October 2009.
3
In this Order—
“the Flexible New Deal” means the employment programme specified in regulation 75(1)(a)(v) of the Jobseeker’s Allowance Regulations 19963;
“facilities” includes the provision of services;
“New Deal participant”, in relation to any time, means a person who is at that time participating in the Flexible New Deal;
“trading payment” means a payment made to a Flexible New Deal participant in consideration of goods or services supplied by that person in the course of participating in the Flexible New Deal;
“training allowance” means a payment made by the Secretary of State to a person in connection with that person’s participation in the Flexible New Deal.
Treatment of persons and payments for the purposes of the Social Security Contributions and Benefits Act 1992, the Jobseekers Act 1995 and specified subordinate legislation2
1
The provisions of this article shall apply to the following legislation—
a
Part 1 of the Social Security Contributions and Benefits Act 19924;
b
the Jobseekers Act 19955; 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.
Signed by authority of the Secretary of State for Work and Pensions
SCHEDULEList of Subordinate Legislation
The Social Security (Credits) Regulations 19756
The Social Security (Overlapping Benefits) Regulations 19797
The Social Security (Claims and Payments) Regulations 19878
The Child Support (Maintenance Assessment Procedure) Regulations 19929
The Child Support (Maintenance Assessments and Special Cases) Regulations 199210
The Jobseeker’s Allowance Regulations 199611
The Housing Renewal Grants Regulations 199612
Child Support (Maintenance Calculation Procedure) Regulations 200013
The Housing Benefit Regulations 200614
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200615
The Council Tax Benefit Regulations 200616
The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200617
The Education Authority Bursaries (Scotland) Regulations 200718
The Education (Student Support) (No. 2) Regulations 200819
(This note is not part of the Order)