SOCIAL SECURITY Citation, commencement and interpretation 1 1 These Regulations may be cited as the Social Security (Approved Work) Regulations (Northern Ireland) 2000 and shall come into operation on 3rd April 2000. 2 The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly. Amendment of the Social Security (Severe Disablement Allowance) Regulations 2 In regulation 7 of the Social Security (Severe Disablement Allowance) Regulations (Northern Ireland) 1984 (days for which persons are to be regarded as incapable of work for the purposes of severe disablement allowance) after paragraph (1B) there shall be inserted the following paragraph— 1C For the purposes of severe disablement allowance, a person shall be treated as incapable of work on any day where he is treated as incapable of work under regulation 10A of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995 (certain persons participating in approved work to be treated as incapable of work). . Amendment of the Income Support (General) Regulations 3 In regulation 42 of the Income Support (General) Regulations (Northern Ireland) 1987 (notional income)— a in paragraph (6A) for sub-paragraph ( b ) there shall be substituted the following sub-paragraph— b in a case where the service is performed in connection with— i the claimant’s participation in an employment or training programme in accordance with regulation 19(1)( p ) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996, or ii the claimant’s or the claimant’s partner’s participation in an employment or training programme as defined in regulation 19(3) of those Regulations for which a training allowance is not payable or, where such an allowance is payable, it is payable for the sole purpose of reimbursement of travelling or meal expenses to the person participating in that programme; or ; and b in paragraph (6B)( a ) the words “throughout that period” shall be omitted. Amendment of the Housing Benefit (General) Regulations 4 In regulation 35 of the Housing Benefit (General) Regulations (Northern Ireland) 1987 (notional income)— a in paragraph (5) — i at the beginning there shall be inserted “Subject to paragraph (5A),”; and ii the words from “; but this paragraph” to the end shall be omitted; and b after paragraph (5) there shall be inserted the following paragraph— 5A Paragraph (5) shall not apply— a to a claimant who is engaged by a charitable or voluntary organisation or who is a volunteer if the appropriate authority is satisfied in any of those cases that it is reasonable for him to provide those services free of charge; or b in a case where the service is performed in connection with— i the claimant’s participation in an employment or training programme in accordance with regulation 19(1)( p ) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 , or ii the claimant’s or the claimant’s partner’s participation in an employment or training programme as defined in regulation 19(3) of those Regulations for which a training allowance is not payable or, where such an allowance is payable, it is payable for the sole purpose of reimbursement of travelling or meal expenses to the person participating in that programme. . Amendment of the Social Security (Incapacity Benefit) Regulations 5 In regulation 3(2) of the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994 (days not to be treated as days of incapacity for work) after sub-paragraph ( b ) there shall be added— or c where such payment as is made is for the sole purpose of travelling or meal expenses incurred or to be incurred under the arrangement made under section 1(1) of the Employment and Training Act (Northern Ireland) 1950. . Amendment of the Social Security (Incapacity Benefit – Increases for Dependants) Regulations 6 In regulation 9 of the Social Security (Incapacity Benefit – Increases for Dependants) Regulations (Northern Ireland) 1994 (increase of incapacity benefit for adult dependants and persons having the care of children) after paragraph (2) there shall be inserted the following paragraph— 2A For the purposes of, and subject to, paragraph (1), where, on any day, an adult dependant is a person who does approved work on a trial basis within the meaning of regulation 10A of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995 (certain persons participating in approved work to be treated as incapable of work), the beneficiary shall be treated as entitled to an increase under section 86A of the Contributions and Benefits Act. . Amendment of the Social Security (Incapacity for Work) (General) Regulations 7 1 The Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995 shall be amended in accordance with paragraphs (2) to (4). 2 In regulation 6(3)( b ) (information required for determining capacity for work) for “regulations 10 to 14” there shall be substituted “regulations 10, 11 to 14”. 3 After regulation 10 (certain persons with a severe condition to be treated as incapable of work) there shall be inserted the following regulation— Certain persons participating in approved work to be treated as incapable of work 10A 1 A person to whom this regulation applies shall be treated as incapable of work on any day in a period of incapacity for work on which he does any approved work in respect of which no payment in the nature of earnings is expected or made. 2 Subject to paragraph (3), this regulation applies to a person who is— a incapable of work or treated as incapable of work; b receiving a prescribed benefit; and c engaged in approved work on a trial basis. 3 Where a person to whom this regulation applies is determined to be capable of work, paragraph (1) shall cease to apply in his case. 4 In this regulation— “approved work” means, in relation to a person, work arranged in writing by the Department of Higher and Further Education, Training and Employment with an employer in respect of him; “prescribed benefit” means any benefit, allowance or advantage under the Contributions and Benefits Act (other than statutory sick pay, statutory maternity pay or industrial injuries benefit) or the Jobseekers (Northern Ireland) Order 1995, and for which entitlement is dependent on incapacity for work; “trial basis” means such trial period and other related matters as may be agreed between the person, the Department of Higher and Further Education, Training and Employment and an employer in relation to the approved work. . 4 In regulation 16(2) (person who works to be treated as capable of work) for “167F)” there shall be substituted “167F or approved work under regulation 10A)”. Amendment of the Jobseeker’s Allowance Regulations 8 In regulation 105 of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (notional income)— a in paragraph (13) — i at the beginning there shall be inserted “Subject to paragraph (13A),”; and ii the words from “; but this paragraph” to the end shall be omitted; and b after paragraph (13) there shall be inserted the following paragraph— 13A Paragraph (13) shall not apply— a to a claimant who is engaged by a charitable or voluntary organisation or who is a volunteer if the Department is satisfied in any of those cases that it is reasonable for him to provide those services free of charge; b in a case where the service is performed in connection with— i the claimant’s participation in an employment or training programme in accordance with regulation 19(1)( p ), or ii the claimant’s or the claimant’s partner’s participation in an employment or training programme as defined in regulation 19(3) for which a training allowance is not payable or, where such an allowance is payable, it is payable for the sole purpose of reimbursement of travelling or meal expenses to the person participating in that programme. . Amendment of the Social Security (New Deal Pilot) Regulations 9 In regulation 13 of the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1999 (notional income)— a in paragraph (1) for sub-paragraphs ( b ) and ( c ) there shall be substituted the following sub-paragraphs— b in paragraph (13) after “Subject to paragraph (13A)” there were inserted “and paragraph (13B)”; c after paragraph (13A) there were inserted the following paragraph— 13B Paragraph (13) shall not apply in a case where the service is performed in connection with the claimant’s participation in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1999 in regulation 2(1) of those Regulations. . ; b in paragraph (2) for sub-paragraph ( b ) there shall be substituted the following sub-paragraphs— b in paragraph (6) after “Subject to paragraph (6A)” there were inserted “and paragraph (6D)”; c after paragraph (6C) there were inserted the following paragraph— 6D Paragraph (6) shall not apply in a case where the service is performed in connection with the claimant’s participation in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1999 in regulation 2(1) of those Regulations. . ; and c in paragraph (3) for sub-paragraphs ( b ) and ( c ) there shall be substituted the following sub-paragraphs— b in paragraph (5) after “Subject to paragraph (5A)” there were inserted “and paragraph (5B)”; c after paragraph (5A) there were inserted the following paragraph— 5B Paragraph (5) shall not apply in a case where the service is performed in connection with the claimant’s participation in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1999 in regulation 2(1) of those Regulations. . . Revocations 10 Regulation 7 of the Housing Benefit (General) (Amendment No. 3) Regulations (Northern Ireland) 1995 and regulation 17(4)( b ) of the Social Security (Amendment) (New Deal) Regulations (Northern Ireland) 1997 are hereby revoked. Sealed with the Official Seal of the Department for Social Development on 23rd March 2000. John O'Neill Senior Officer of the Department for Social Development The Department of Finance and Personnel hereby consents to regulation 4 of the foregoing Regulations. Sealed with the Official Seal of the Department of Finance and Personnel on 23rd March 2000. J. G. Sullivan Senior Officer of the Department of Finance and Personnel