EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207) (“the JSA Regulations 1996”), the Employment and Support Allowance Regulations 2008 (S.I. 2008/794) (“the ESA Regulations 2008”), the Universal Credit Regulations 2013 (S.I. 2013/376) (“the UC Regulations”) and the Jobseeker’s Allowance Regulations 2013 (S.I. 2013/378) (“the JSA Regulations 2013”).
Regulation 2 makes a minor amendment to the definition of “traineeship” in the JSA Regulations 1996 to reflect the fact that the Skills Funding Agency was replaced by the Education and Skills Funding Agency in April 2017. Regulations 4(2)(b)(ii) and 5 make equivalent amendments to the same definition in the UC Regulations and the JSA Regulations 2013 respectively.
Regulation 3 inserts a definition of “traineeship” into the ESA Regulations 2008 and amends those regulations to clarify that traineeships do not constitute “education” and that qualifying young persons who are claiming income-based Employment and Support Allowance (“ESA”) and participating in traineeships are not to be treated as “receiving education”. These changes ensure that ESA claimants who are participating in traineeships are not prevented from claiming ESA by virtue of the rules related to receiving education.
Regulation 4 inserts a new definition of “relevant training scheme” into regulation 12 of the UC Regulations and makes a further change to that regulation to ensure that qualifying young persons participating in relevant training schemes are not deemed to be “receiving education”. These changes ensure that any Universal Credit (“UC”) claimant who is a qualifying young person participating in a relevant training scheme remains eligible to claim UC and is not prevented from claiming UC by virtue of the rules related to receiving education.
Regulation 6 is a savings provision which specifies savings in relation to certain of the changes made by regulation 4. It provides that the amendments made by regulation 4(1), (2)(a), (2)(b)(i) and (3) of these Regulations only have effect in relation to an award of UC if it is a “digital service” award falling within sub-paragraphs (a) to (d) of regulation 5(1) of the Universal Credit (Digital Service) Amendment Regulations 2014, which arises from a claim made by persons living in the areas specified in that regulation or from such persons subsequently forming new couples or being part of a couple who separate.
An impact assessment has not been produced for this instrument as it has no impact on business and civil society organisations. This instrument has no impact on the public sector.