The Jobseeker’s Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013

PART 2 Consequential Amendments

Definitions

8.—(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; and

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

(2) At the end of paragraph (b) of the definition of “self-employment route” in each of the provisions to which this paragraph applies insert—

“; or

(c) a scheme prescribed in regulation 3 of the Jobseeker’s Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013;”.

(3) At the end of paragraph (b)(iv) of the definition of “self-employment route” in regulation 2(1) of the Housing Renewal Grants Regulations (interpretation) insert—

“; or

(v) a scheme prescribed in regulation 3 of the Jobseeker’s Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013;”.

Notional income

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

(a) regulation 32(7) of the Council Tax Benefit Regulations;

(b) regulation 42(7) of the Housing Benefit Regulations;

(c) regulation 31(9A) of the Housing Renewal Grants Regulations; and

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

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

“(cc) in respect of a claimant’s participation in a scheme prescribed in regulation 3 of the Jobseeker’s Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013;”.

Notional capital

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

(a) regulation 39(4) of the Council Tax Benefit Regulations;

(b) regulation 49(4) of the Housing Benefit Regulations;

(c) regulation 38(3A) of the Housing Renewal Grants Regulations; and

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

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

“(bc) in respect of a claimant’s participation in a scheme prescribed in regulation 3 of the Jobseeker’s Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013;”.

Income to be disregarded

11.—(1) This regulation applies to the following provisions (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; and

(d) Schedule 7 to the Jobseeker’s Allowance Regulations.

(2) In each of the provisions to which this regulation applies, after paragraph A2 insert—

“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 a scheme prescribed in regulation 3 of the Jobseeker’s Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013.”.

Capital to be disregarded

12.—(1) This regulation applies to the following provisions (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; and

(d) Schedule 8 to the Jobseeker’s Allowance Regulations.

(2) In each of the provisions to which this regulation applies, after paragraph A2 insert—

“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 a scheme prescribed in regulation 3 of the Jobseeker’s Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013 but only for 52 weeks beginning with the date of receipt of the payment.”.

Amendments to the Income Support (General) Regulations 1987

13.  The Income Support (General) Regulations 1987(1) are amended as follows—

(a) in regulation 2 (interpretation) omit the definition of “the Employment, Skills and Enterprise Scheme”; and

(b) in regulation 42(4ZA)(ca) (notional income), regulation 51(3A)(ba) (notional capital), paragraph 1A of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) and paragraph 1A of Schedule 10 (capital to be disregarded) for “the Employment, Skills and Enterprise Scheme” substitute “a scheme prescribed in regulation 3 of the Jobseeker’s Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013”.

Further amendments to the Jobseeker’s Allowance Regulations

14.  The Jobseeker’s Allowance Regulations are amended as follows—

(a) in regulation 14(1)(h) (circumstances in which a person is to be treated as available) for “the Employment, Skills and Enterprise Scheme under regulation 4(1) of the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011” substitute “a scheme prescribed in regulation 3 of the Jobseeker’s Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013”;

(b) in the definition of “relevant notification” in regulation 25(1A) (entitlement ceasing on a failure to comply), after “training scheme” insert “, under a scheme prescribed in regulation 3 of the Jobseeker’s Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013”; and

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

“(m) he is participating in a scheme prescribed in regulation 3 of the Jobseeker’s Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013.”.

Amendments to the Employment and Support Allowance Regulations 2008

15.  The Employment and Support Allowance Regulations 2008(2) are amended as follows—

(a) in regulation 2 (interpretation) omit the definition of “the Employment, Skills and Enterprise Scheme”; and

(b) in regulation 107(5)(ca) (notional income – income due to be paid or income paid to or in respect of a third party), regulation 115(5)(ba) (notional capital), paragraph 1A of Schedule 8 (sums to be disregarded in the calculation of income other than earnings) and paragraph 1A of Schedule 9 (capital to be disregarded) for “the Employment, Skills and Enterprise Scheme” substitute “a scheme prescribed in regulation 3 of the Jobseeker’s Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013”.

Amendments to the Council Tax Reduction Schemes (Default Scheme) (England) Regulations 2012

16.  The Schedule to the Council Tax Reduction Schemes (Default Scheme) (England) Regulations 2012(3) is amended as follows—

(a) in paragraph 2 (interpretation)—

(i) omit the definition of “the Employment, Skills and Enterprise Scheme”;

(ii) in the definition of “self-employment route” for paragraph (c) substitute—

“(c) a scheme prescribed in regulation 3 of the Jobseeker’s Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013;”;

(b) in paragraphs 56(4)(f) (notional income: persons who are not pensioners) and 67(6)(e) (notional capital) for “the Employment, Skills and Enterprise Scheme” substitute “a scheme prescribed in regulation 3 of the Jobseeker’s Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013”; and

(c) in paragraph 3 of Schedule 8 (sums disregarded in the calculation of income other than earnings: persons who are not pensioners) and paragraph 3 of Schedule 10 (capital disregards: persons who are not pensioners) for “the Employment, Skills and Enterprise Scheme” substitute “a scheme prescribed in regulation 3 of the Jobseeker’s Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013”.

(1)

S.I. 1987/1967; relevant amending instruments are S.I. 1998/2117, S.I. 1999/2640 and 3156, 2001/1029, 2003/455 and 2308, 2005/2294 and 3391, 2006/588, 2008/698 and 2767, 2010/641 and 2011/1707 and 2425.

(2)

S.I. 2008/794; relevant amending instruments are S.I. 2008/2428, 2010/641 and 2011/1707 and 2425.

(3)

S.I. 2012/2886, to which there are amendments not relevant to these Regulations.