PART 5Consequential Amendments

Definitions11

1

Paragraph (2) applies to the following provisions (which relate to interpretation)—

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 Housing Renewal Grants Regulations;

d

regulation 1(3) of the Jobseeker’s Allowance Regulations18.

2

In each of the provisions to which this paragraph applies insert the following definition in the appropriate place—

  • “the Employment, Skills and Enterprise Scheme” means a scheme under section 17A (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc.) of the Jobseekers Act 1995 known by that name and provided pursuant to arrangements made by the Secretary of State that is designed to assist claimants to obtain employment, including self-employment, and which may include for any individual work-related activity (including work experience or job search);

3

The definition of “self-employment route” in each of the provisions mentioned in paragraph (1)(a), (b) and (d) is amended as follows—

a

at the end of paragraph (a) omit “or”; and

b

at the end of paragraph (b) insert “or” and the following paragraph—

c

the Employment, Skills and Enterprise Scheme;

4

The definition of “self-employment route” in the provision mentioned in paragraph (1)(c) is amended as follows—

a

in paragraph (b)(iv) omit “or”; and

b

at the end of paragraph (v) insert—

or

vi

the Employment, Skills and Enterprise Scheme;

Notional income12

1

This regulation applies to the following provisions (which relate to notional income)—

a

regulation 32(7) of the Council Tax Benefit Regulations19;

b

regulation 42(7) of the Housing Benefit Regulations20;

c

regulation 31(9A) of the Housing Renewal Grants Regulations21;

d

regulation 105(10A) of the Jobseeker’s Allowance Regulations22.

2

In each of the provisions to which this regulation applies insert the following sub-paragraph after sub-paragraph (cb)—

cc

in respect of a claimant’s participation in the Employment, Skills and Enterprise Scheme;

Notional capital13

1

This regulation applies to the following provisions (which relate to notional capital)—

a

regulation 39(4) of the Council Tax Benefit Regulations23;

b

regulation 49(4) of the Housing Benefit Regulations24;

c

regulation 38(3A) of the Housing Renewal Grants Regulations25;

d

regulation 113(3A) of the Jobseeker’s Allowance Regulations26.

2

In each of the provisions to which this regulation applies insert the following sub-paragraph after sub-paragraph (bb)—

bc

in respect of a claimant’s participation in the Employment, Skills and Enterprise Scheme;

Income to be disregarded14

1

This regulation applies to the following Schedules (which relate to sums to be disregarded in the calculation of income other than earnings)—

a

Schedule 4 to the Council Tax Benefit Regulations;

b

Schedule 5 to the Housing Benefit Regulations;

c

Schedule 3 to the Housing Renewal Grants Regulations;

d

Schedule 7 to the Jobseeker’s Allowance Regulations.

2

In each Schedule to which this regulation applies insert the following paragraph after paragraph A227—

A3

Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Employment, Skills and Enterprise Scheme.

Capital to be disregarded15

1

This regulation applies to the following Schedules (which relate to capital to be disregarded)—

a

Schedule 5 to the Council Tax Benefit Regulations;

b

Schedule 6 to the Housing Benefit Regulations;

c

Schedule 4 to the Housing Renewal Grants Regulations;

d

Schedule 8 to the Jobseeker’s Allowance Regulations.

2

In each Schedule to which this regulation applies insert the following paragraph after paragraph A228—

A3

Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Employment, Skills and Enterprise Scheme but only for 52 weeks beginning with the date of receipt of the payment.

Further amendments to the Jobseeker’s Allowance Regulations16

The Jobseeker’s Allowance Regulations are amended as follows—

a

in the definition of “relevant notification” in regulation 25(1A) (entitlement ceasing on a failure to comply)29, insert “, under the Employment, Skills and Enterprise Scheme” after “scheme”;

b

at the end of regulation 53 (persons treated as not engaged in remunerative work)30 insert—

m

he is participating in the Employment, Skills and Enterprise Scheme.

Consequential amendments relating to decisions and appeals17

The Social Security and Child Support (Decisions and Appeals) Regulations 199931 are amended as follows—

a

after regulation 7(8ZA) (date from which a decision superseded under section 10 takes effect)32 insert the following paragraph—

8ZB

A decision to which regulation 6(2)(fa) applies shall take effect on the day specified in regulation in regulation 8(9)(a) or (b) of the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011.