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United Kingdom Statutory Instruments
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URL: http://www.bailii.org/uk/legis/num_reg/2001/20011029.html

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STATUTORY INSTRUMENTS

2001 No. 1029

SOCIAL SECURITY

The Social Security Amendment (New Deal) Regulations 2001

  Made 15th March 2001 
  Laid before Parliament 16th March 2001 
  Coming into force 9th April 2001 

The Secretary of State for Education and Employment, in relation to regulations 2(a) and 4 to 6, and the Secretary of State for Social Security, in relation to the remainder of the Regulations, in exercise of the powers conferred by sections 4(5), 12(4)(a) and (b), 19(2), (8)(b) and (10)(c), 20(4), 20B(4), 21, 35(1) and 36(1), (2) and (4) of, and paragraph 3(b) of Schedule 1 to, the Jobseekers Act 1995[1] and sections 123(1), 135(1), 136(5)(a) and (b), 137(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992[2], and of all other powers enabling each of them in that behalf, after consultation in respect of provisions in these Regulations relating to housing benefit and council tax benefit, with organisations appearing to the Secretary of State to be representative of the authorities concerned[3] and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it[4], hereby make the following Regulations:

Citation, commencement and interpretation
     1.  - (1) These Regulations may be cited as the Social Security Amendment (New Deal) Regulations 2001 and shall, subject to paragraph (2) below, come into force on 9th April 2001.

    (2) Regulations 11(b)(iii) and 14(b)(iv) below shall respectively come into force immediately after regulations 12(b)(iii) and 6(c) of the Social Security (Miscellaneous Amendments) Regulations 2001[5].

    (3) In these Regulations - 

Interpretation
     2. In regulation 1(3) of the Jobseeker's Allowance Regulations - 

Linking periods
     3. In regulation 48(2) of the Jobseeker's Allowance Regulations, for sub-paragraph (f)(ii)[11], there shall be substituted the following - 

Prescribed period for the purposes of sections 19(2) and 20A(3) of the Jobseekers Act 1995
     4. In regulation 69 of the Jobseeker's Allowance Regulations[12] - 

Good cause for the purposes of sections 19(5)(b) and 20A(2)(b)
     5. In regulation 73 of the Jobseeker's Allowance Regulations, in paragraph (2A)(a)[13], after the words "regulation 75(1)(a)(ii)" there shall be added the words "or (iv)".

Interpretation of sections 19 and 20A of the Jobseekers Act 1995 and Part V of the Jobseeker's Allowance Regulations
     6. In regulation 75 of the Jobseeker's Allowance Regulations, after paragraph (1)(a)(iii)[14] there shall be inserted the following - 

Notional income
     7. In regulation 105 of the Jobseeker's Allowance Regulations - 

Notional capital
     8. In regulation 113(3A) of the Jobseeker's Allowance Regulations[17], after sub-paragraph (b)(ii) there shall be inserted the following - 

Meaning of "person in hardship" and "couple in hardship"
     9.  - (1) In regulation 140(4A) of the Jobseeker's Allowance Regulations[18], for the words from "an employment programme" to the end of that paragraph there shall be substituted the words "one of the New Deal options or to the Intensive Activity Period specified in regulation 75(1)(a) (iv)".

    (2) At the end of regulation 146A(5) of the Jobseeker's Allowance Regulations[19], there shall be added the words "or to the Intensive Activity Period specified in regulation 75(1)(a)(iv)".

Period when a person is not a person in hardship or a couple is not a couple in hardship
     10.  - (1) At the end of both regulations 140A(1)(a) and 146B(1)(a) of the Jobseeker's Allowance Regulations[20], there shall be added the words "or in the Intensive Activity Period specified in regulation 75(1)(a)(iv)".

    (2) At the end of both regulations 140A(4) and 146B(4) of the Jobseeker's Allowance Regulations[21] there shall be added the words "or to the Intensive Activity Period specified in regulation 75(1)(a)(iv)".

Housing costs
     11. In Schedule 2 to the Jobseeker's Allowance Regulations - 

Income to be disregarded
     12. In Schedule 7 to the Jobseeker's Allowance Regulations - 

    (a) in paragraph 14, for sub-paragraph (d)[26] there shall be substituted the following - 

    (b) for paragraph 60[27], there shall be substituted the following - 

Capital to be disregarded
     13. For paragraph 45 of Schedule 8 to the Jobseeker's Allowance Regulations[28], there shall be substituted the following - 

Amendment of Schedule 3 to the Income Support Regulations
     14. In Schedule 3 to the Income Support Regulations[29] (housing costs) - 

Common amendments
     15.  - (1) In both regulation 2(1) of the Council Tax Benefit Regulations and regulation 2(1) of the Housing Benefit Regulations (interpretation) there shall be inserted in the appropriate place the following definition - 

    (2) In each of the regulations specified in paragraph (3) below - 

    (3) The regulations specified in this paragraph (interpretation) are - 

    (4) In each of the regulations specified in paragraph (5) of this regulation, after sub-paragraph (c)(ii) there shall be inserted the following - 

    (5) The regulations specified in this paragraph (which relate to notional income) are - 

    (6) In each of the regulations specified in paragraph (7) of this regulation, at the end of sub-paragraph (b)(i) there shall be added the words ", other than where the service is performed in connection with the claimant's participation in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus".

    (7) The regulations specified in this paragraph (which relate to notional earnings) are - 

    (8) In each of the regulations specified in paragraph (9) of this regulation, after sub-paragraph (b)(ii) there shall be inserted the following - 

    (9) The regulations specified in this paragraph (which relate to notional capital) are - 

    (10) In each specified paragraph of the Schedules specified in paragraph (11) of this regulation, for sub-paragraph (d)[41] there shall be substituted the following - 

    (11) The paragraph numbers and Schedules specified in this paragraph (which relate to sums to be disregarded in the calculation of income other than earnings) are - 

    (12) For each specified paragraph of the Schedules specified in paragraph (13) of this regulation, there shall be substituted the following paragraph - 

    (13) The paragraph numbers and Schedules specified in this paragraph (which relate to sums to be disregarded in the calculation of income other than earnings)[42] are - 

    (14) For each specified paragraph of the Schedules specified in paragraph (15) of this regulation, there shall be substituted the following paragraph - 

    (15) The paragraph numbers and Schedules specified in this paragraph (which relate to capital to be disregarded)[43] are - 



Signed in relation to regulations 2(a) and 4 to 6 by authority of the Secretary of State for Education and Employment


Tessa Jowell
Minister of State, Department for Education and Employment

13th March 2001



Signed in relation to the remainder of these Regulations by authority of the Secretary of State for Social Security


Angela Eagle
Parliamentary Under Secretary of State, Department of Social Security

15th March 2001


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Jobseeker's Allowance Regulations 1996 (S.I. 1996/207) ("the Jobseeker's Allowance Regulations"), the Income Support (General) Regulations 1987 (S.I. 1987/1967) ("the Income Support Regulations"), the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) and the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814).

In particular, regulations 2(a) and 6 define respectively the Intensive Activity Period for 50 plus ("IAP for 50 plus") and the Intensive Activity Period ("IAP"). Regulation 6 provides that individuals aged between 25 and 49 participating in the IAP are considered to be participating in an employment programme for the purposes of sections 19 and 20A of the Jobseekers Act 1995 and the Jobseeker's Allowance Regulations. The effect of this is that if such a person, without good cause, refuses or fails to participate in the IAP or loses his place on the IAP because of misconduct, he will receive a sanction under section 19 or 20A. By definition, those aged 50 or over who are participating in the IAP for 50 plus are not considered to be participating in an employment programme for those purposes and are therefore not liable to sanction.

Regulation 4 amends regulation 69 of the Jobseeker's Allowance Regulations to provide a different period for a sanction that is applied in relation to the IAP. Regulation 5 provides an additional case where a person is to be regarded as having good cause for the purpose of sections 19(5)(b) and 20A(2)(b) of the Jobseekers Act 1995.

Where a person may not be entitled to a jobseeker's allowance as a result of any act or omission whilst on the IAP or is subject to sanctions in respect of that act or omission whilst a member of a joint-claim couple, regulation 9 amends the Jobseeker's Allowance Regulations so as to provide that such a person shall not be a person in hardship or, as the case may be, the couple of which he is a member shall not be a couple in hardship. Regulation 10 amends those Regulations so as to prescribe the period during which such a person shall not be a person in hardship and the period during which the couple of which that person is a member, shall not be a couple in hardship.

The Regulations also amend the Jobseeker's Allowance Regulations so as to allow claims for jobseeker's allowance separated by periods on the IAP or IAP for 50 plus to link (regulation 3).

These Regulations also amend both the Jobseeker's Allowance Regulations (regulation 11) and the Income Support Regulations (regulation 14) by allowing certain periods of participation in the IAP or IAP for 50 plus to be treated as periods of entitlement to those benefits for the purpose of applying the rules on payment of housing costs in those benefits and by extending to 52 weeks, certain maximum periods which link separate periods of benefit entitlement where a claimant has ceased to be entitled to income support or income-based jobseeker's allowance because he is participating in the IAP or the IAP for 50 plus.

These Regulations also make various amendments to the rules on the treatment of income and capital in the benefits referred to in the first paragraph above which are consequential on the introduction of the IAP and the IAP for 50 plus - 

Regulation 15(1) makes a minor technical amendment in relation to the definition of the New Deal options and regulation 15(2)(a) and (3) inserts a definition of the IAP for 50 plus to apply across all the benefits.

These Regulations do not impose any charge on business.

Notes:

 [1] 1995 c. 18. Section 20B was added by section 59 of, and paragraph 13 of Schedule 7 to, the Welfare Reform and Pensions Act 1999 (c. 30). Section 35(1) is cited because of the meaning ascribed to the words "prescribed" and "regulations".back

[2] 1992 c. 4; section 123(1)(d) was inserted and section 137 amended, with respect to council tax benefit, by Schedule 9 to the Local Government Finance Act 1992 (c. 14). Section 137(1) is cited because of the meaning ascribed to the word "prescribed".back

[3] See section 176(1) of the Social Security Administration Act 1992 (c. 5).back

[4] See sections 170 and 173(1)(b) of the Social Security Administration Act 1992 (c. 5); paragraph 67 of Schedule 2 to the Jobseekers Act 1995 added that Act to the list of "relevant enactments" in respect of which regulations must normally be referred to the Committee.back

[5] S.I. 2001/488.back

[6] S.I. 1992/1814.back

[7] S.I. 1987/1971.back

[8] S.I. 1987/1967.back

[9] S.I. 1996/207.back

[10] The definition of "self-employment route" was inserted by S.I. 2000/2910 and amended by S.I. 2001/652.back

[11] Paragraph (2)(f)(ii) was inserted by S.I. 1997/2863.back

[12] Regulation 69 was substituted by S.I. 2000/239 and amended by S.I. 2000/1370 and S.I. 2000/1978.back

[13] Paragraph (2A) was inserted by S.I. 1997/2863.back

[14] Regulation 75 was substituted by S.I. 1997/2863. Paragraph (1)(a)(iii) was inserted by S.I. 2000/721.back

[15] Paragraph (10A) was inserted by S.I. 1998/2117.back

[16] Paragraph (13A) was inserted by S.I. 2000/678.back

[17] Paragraph (3A) was inserted by S.I. 1998/2117.back

[18] Regulation 140(4A) was inserted by S.I. 1997/2863.back

[19] Regulation 146A(5) was inserted by S.I. 2000/1978.back

[20] Regulation 140A was inserted by S.I. 1997/2863. Regulation 146B was inserted by S.I. 2000/1978.back

[21] Regulation 140A(4) was added by S.I. 2000/239.back

[22] Paragraph 4(4A) was inserted by S.I. 1997/2863 and amended by S.I. 2000/1982.back

[23] Paragraph 13(1)(ee) was inserted by S.I. 1997/2863.back

[24] Paragraph 13(3A) was inserted by S.I. 1997/2863 and amended by S.I. 2000/724.back

[25] Paragraph 13(14) was added by S.I. 2001/488.back

[26] Paragraph 14(d) was inserted by S.I. 1997/2863.back

[27] Paragraph 60 was substituted by S.I. 1998/1174.back

[28] Paragraph 45 was substituted by S.I. 1998/1174.back

[29] Schedule 3 was substituted by S.I. 1995/1613; the relevant amending instruments are S.I. 1997/2863 and 2000/724.back

[30] Paragraph 14(12) was added by S.I. 2001/488.back

[31] The definition of "self-employment route" was inserted in each of these Regulations by S.I. 2000/2910 and amended by S.I. 2001/652.back

[32] Regulation 26(3A) was inserted by S.I. 1998/2164.back

[33] Regulation 35(3A) was inserted by S.I. 1998/2164.back

[34] Regulation 42(4ZA) was inserted by S.I. 1998/2117.back

[35] Regulation 26(5A) was inserted by S.I. 2000/678.back

[36] Regulation 35(5A) was inserted by S.I. 2000/678.back

[37] Regulation 42(6A) was inserted by S.I. 1999/2554.back

[38] Regulation 34(3A) was inserted by S.I. 1998/2164.back

[39] Regulation 43(3A) was inserted by S.I. 1998/2164.back

[40] Regulation 51(3A) was inserted by S.I. 1998/2117.back

[41] Sub-paragraph (d) was inserted in each case by S.I. 1997/2863.back

[42] The specified paragraphs were inserted by S.I. 1997/2863 and substituted by S.I. 1998/1174.back

[43] The specified paragraphs were inserted by S.I. 1997/2863 and substituted by S.I. 1998/1174.back


ISBN 0 11 029289 8


 © Crown copyright 2001

Prepared 21 May 2001

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URL: http://www.bailii.org/uk/legis/num_reg/2001/20011029.html