HOUSING; RATES; SOCIAL SECURITY Citation, commencement and interpretation 1 1 These Regulations may be cited as the Social Security (New Deal Amendment) Regulations (Northern Ireland) 2001 and shall, subject to paragraph (2), come into operation on 9th April 2001. 2 Regulations 10( b )(iii) and 13( b )(iv) shall respectively come into operation immediately after regulations 6( b ) and 12( b )(iii) of the Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2001 . 3 In these Regulations— “the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations (Northern Ireland) 1987 ; “the Income Support Regulations ” means the Income Support (General) Regulations (Northern Ireland) 1987 ; “the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 . 4 The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly. Interpretation 2 In regulation 1(2) of the Jobseeker’s Allowance Regulations— a after the definition of “polygamous marriage” there shall be inserted the following definition— “Preparation for Employment Programme for 50 plus” means the programme known by that name and provided in pursuance of arrangements made under section 1 of the Employment and Training Act (Northern Ireland) 1950 , being a programme lasting for up to 52 weeks for any one individual aged 50 years or over on the day that he first joined any such programme, and consisting for that individual of any one or more of the following elements, namely employed earner’s employment, assistance in pursuing self-employed earner’s employment, education and training, work experience, assistance with job search, motivation and skills training; ; b after the definition of “self-employed earner” there shall be inserted the following definition— “self-employment route” means— that part of the Employment Option of the New Deal which is specified in regulation 75(1)( a )(i)( bb ), or assistance in pursuing self-employed earner’s employment whilst participating in— the Preparation for Employment Programme specified in regulation 75(1)( a )(v) , or the Preparation for Employment Programme for 50 plus . Linking periods 3 In regulation 48(2) of the Jobseeker’s Allowance Regulations (linking periods), for sub-paragraph ( f )(ii) , there shall be substituted the following— ii in the Voluntary Sector Option of the New Deal as specified in regulation 75(1)( a )(ii), in the Environmental Task Force Option of the New Deal as specified in regulation 75(1)( a )(iii) or in the Preparation for Employment Programme as specified in regulation 75(1)( a )(v) or in the Preparation for Employment Programme for 50 plus and was not entitled to a jobseeker’s allowance because, as a consequence of his participation, the claimant was engaged in remunerative work or failed to satisfy the condition specified either in Article 4(1)( c ) or in Article 5(1)( a ) of the Order. . Prescribed period for the purposes of Article 21(2) and 22A(3) of the Order 4 In regulation 69 of the Jobseeker’s Allowance Regulations (prescribed period for purposes of Article 21(2) and 22A(3))— a in paragraph (1)( a ), for “sub-paragraph ( b ) or ( c )” there shall be substituted “sub-paragraph ( b ), ( c ) or ( d )”; b in paragraph (1)( b )(ii)( aa ), after “New Deal Options” there shall be inserted “or the Preparation for Employment Programme specified in regulation 75(1)( a )(v)”; c in paragraph (1)( b )(ii)( bb ) for “and” at the end of the paragraph there shall be substituted “or”; d after paragraph (1)( b )(ii)( bb ) there shall be added the following sub-head — cc where the determination in head (i) relates to the Preparation for Employment Programme specified in regulation 75(1)( a )(v), on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within Article 21(5) or Article 22A(2)( a ) to ( c ) of the Order that relate to any Preparation for Employment Programme specified in regulation 75(1)( a )(v), and ; e after paragraph (1)( c ) there shall be added the following sub-paragraph— d 26 weeks in any case (other than a case where a jobseeker’s allowance is determined not to be payable in circumstances relating to the employment programme known as “Core Gateway” specified in regulation 75(1)( a )(iv) ) in which — i a jobseeker’s allowance is determined not to be payable to the claimant in circumstances falling within Article 21(5) or Article 22A(2)( a ) to ( c ) of the Order and the determination relates to an act or omission arising after this regulation comes into operation in respect of the Preparation for Employment Programme specified in regulation 75(1)( a )(v); ii on 2 or more previous occasions a jobseeker’s allowance has been determined not to be payable to the claimant in circumstances falling within Article 21(5) or Article 22A(2)( a ) to ( c ) of the Order and each such determination relates to any Preparation for Employment Programme specified in regulation 75(1)( a )(v), and iii no more than 12 months have elapsed between the beginning of the day on which the determination mentioned in head (i) is made and the beginning of the first day on which a jobseeker’s allowance was not payable to the claimant as a result of the determination which most recently preceded it whether the preceding determination is either— aa a determination falling within sub-paragraph ( b )(i) to which the circumstances in sub-paragraph ( b )(ii)( cc ) apply, or bb itself an earlier determination falling within head (i). f in paragraph (3)— i after “(1)( c )” there shall be inserted “or ( d )”; ii in sub-paragraph ( c ), after “New Deal options” there shall be inserted “or the Preparation for Employment Programme specified in regulation 75(1)( a )(v)”; g in paragraph (4)( a )(i)— i after “Department of Higher and Further Education, Training and Employment” there shall be added “either”; ii after “New Deal options” there shall be added “or the day on which the claimant is or was no longer required to participate in the Preparation for Employment Programme specified in regulation 75(1)( a )(v)”. Interpretation of Articles 21 and 22A of the Order and Part V of the Jobseeker’s Allowance Regulations 5 In regulation 75 of the Jobseeker’s Allowance Regulations (interpretation)— a in paragraph (i)( a ) after head (iv) there shall be added the following head— v the Preparation for Employment Programme, that is to say, the programme known by that name and provided in pursuance of arrangements made under section 1 of the Employment and Training Act (Northern Ireland) 1950, being a programme lasting for any one individual for up to 52 weeks for any one individual aged 25 years or over and less than 50 years on the first required entry date to any such programme, and consisting for that individual of any one or more of the following elements, namely employed earner’s employment, assistance in pursuing self-employed earner’s employment, education and training, work experience, assistance with job search, motivation and skills training; ; b in paragraph (4), after “within paragraph (1)( a )”, there shall be inserted “or the Preparation for Employment Programme for 50 plus”. Notional income 6 In regulation 105 of the Jobseeker’s Allowance Regulations (notional income)— a in paragraph (10A)( c ) , after head (i) there shall be inserted the following head— ia in the Preparation for Employment Programme for 50 plus; ; b in paragraph (13A) , at the end of sub-paragraph ( b )(i) there shall be added “, other than where the service is performed in connection with the claimant’s participation in the Preparation for Employment Programme for 50 plus or in the Preparation for Employment Programme specified in regulation 75(1)( a )(v)”. Notional capital 7 In regulation 113(3A) of the Jobseeker’s Allowance Regulations (notional capital) , after sub-paragraph ( b )(i) there shall be inserted the following— ia in the Preparation for Employment Programme for 50 plus . Meaning of “person in hardship” and “couple in hardship” 8 In regulation 140(4A) of the Jobseeker’s Allowance Regulations (meaning of “person in hardship”), for the words from “an employment programme” to the end of that paragraph there shall be substituted “one of the New Deal Options.”. Housing costs 9 In Schedule 2 to the Jobseeker’s Allowance Regulations (housing costs)— a in paragraph 4(4A) (housing costs not met), at the end of paragraph ( a ), there shall be added “or in the Preparation for Employment Programme for 50 plus”; b in paragraph 13 (linking rule)— i in sub-paragraph (1)( ee )(i) , after “regulation 75(1)( a )” there shall be inserted “, or in the Preparation for Employment Programme for 50 plus”; ii in sub-paragraph (3A) — aa in paragraph ( a ), after “regulation 75(1)( a )” there shall be inserted “or in the Preparation for Employment Programme for 50 plus”; bb at the end, there shall be added “or activity”; iii in sub-paragraph (14)( c ), after paragraph (ii) there shall be added the following paragraph— or iii the Preparation for Employment Programme for 50 plus, . Income to be disregarded 10 In Schedule 6 to the Jobseeker’s Allowance Regulations (sums to be disregarded in the calculation of income other than earnings)— a in paragraph 14, for sub-paragraph ( d ) there shall be substituted the following sub-paragraph— d any child care expenses reimbursed to the claimant in respect of his participation in a New Deal option or in the Preparation for Employment Programme for 50 plus ; b for paragraph 58 , there shall be substituted the following paragraph— 58 Any mandatory top-up payment made to a person pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950 in respect of that person’s participation in— a the self-employment route; b an employment programme specified in— i regulation 75(1)( a )(ii) (Voluntary Sector Option of the New Deal); ii regulation 75(1)( a )(iii) (Environmental Task Force Option of the New Deal), or iii regulation 75(1)( a )(v) (Preparation for Employment Programme), or c the Preparation for Employment Programme for 50 plus. . Capital to be disregarded 11 For paragraph 43 of Schedule 7 to the Jobseeker’s Allowance Regulations (capital to be disregarded), there shall be substituted the following paragraph— 43 Any mandatory top-up payment made to a person pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950 in respect of that person’s participation in— a the self-employment route; b an employment-programme specified in— i regulation 75(1)( a )(ii) (Voluntary Sector Option of the New Deal); ii regulation 75(1)( a )(iii) (Environmental Task Force Option of the New Deal), or iii regulation 75(1)( a )(v) (Preparation for Employment Programme), or c the Preparation for Employment Programme for 50 plus, but only for the period of 52 weeks from the date of receipt of the payment. . Amendment of Schedule 3 to the Income Support Regulations 12 In Schedule 3 to the Income Support Regulations (housing costs)— a in paragraph 4(4A) , at the end of paragraph ( a ), there shall be added “or in the Preparation for Employment Programme for 50 plus”; b in paragraph 14 (linking rule)— i in sub-paragraph (1)( ee )(i) , after “Jobseeker’s Allowance Regulations (Northern Ireland) 1996” there shall be inserted “, or in the Preparation for Employment Programme for 50 plus”; ii in sub-paragraph (3ZA) — aa in paragraph ( a ), after “Jobseeker’s Allowance Regulations (Northern Ireland) 1996” there shall be inserted “or in the Preparation for Employment Programme for 50 plus”; bb at the end, there shall be added “or activity”; iii in sub-paragraph (3B) , after “Jobseeker’s Allowance Regulations (Northern Ireland) 1996” there shall be inserted “or in the Preparation for Employment Programme for 50 plus”; iv in sub-paragraph (12)( c ), after paragraph (ii) there shall be added the following paragraph— or iii the Preparation for Employment Programme for 50 plus, . Common amendments 13 1 In regulation 2(1) of the Housing Benefit Regulations (interpretation), after the definition of “net profit” there shall be inserted the following definition— “the New Deal options” means the employment programmes specified in regulation 75(1)( a ) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 and the training scheme specified in regulation 75(1)( b )(ii) of those Regulations; . 2 In each of the regulations specified in paragraph (3)— a there shall be inserted in the appropriate place the following definition— “Preparation for Employment Programme for 50 plus” means the programme known by that name and provided in pursuance of arrangements made under section 1 of the Employment and Training Act (Northern Ireland) 1950, being a programme lasting for up to 52 weeks for any one individual aged 50 years or over on the day that he first joined any such programme, and consisting for that individual of any one or more of the following elements, namely employed earner’s employment, assistance in pursuing self-employed earner’s employment, education and training, work experience, assistance with job search, motivation and skills training; ; b after the definition of “self-employed earner” there shall be inserted the following definition— “self-employment route” means— that part of the Employment Option of the New Deal which is specified in regulation 75(1)( a )(i)( bb ) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996; or assistance in pursuing self-employed earner’s employment whilst participating in— in the Preparation for Employment Programme specified in regulation 75(1)( a )(v) of those Regulations, or in the Preparation for Employment Programme for 50 plus . 3 The regulations specified in this paragraph (interpretation) are— a regulation 2(1) of the Housing Benefit Regulations; b regulation 2(1) of the Income Support Regulations. 4 In each of the regulations specified in paragraph (5), in sub-paragraph ( c ) after head (i) there shall be inserted the following head— ia in the Preparation for Employment Programme for 50 plus; or . 5 The regulations specified in this paragraph (which relate to notional income) are— a regulation 35(3A) of the Housing Benefit Regulations ; b regulation 42(4ZA) of the Income Support Regulations . 6 In each of the regulations specified in paragraph (7), at the end of sub-paragraph ( b )(i) there shall be added “, other than where the service is performed in connection with the claimant’s participation in the Preparation for Employment Programme specified in regulation 75(1)( a )(v) of those Regulations or in the Preparation for Employment Programme for 50 plus”. 7 The regulations specified in this paragraph (which relate to notional earnings) are— a regulation 35(5A) of the Housing Benefit Regulations ; b regulation 42(6A) of the Income Support Regulations . 8 In each of the regulations specified in paragraph (9), after sub-paragraph ( b )(i) there shall be inserted the following— ia in the Preparation for Employment Programme for 50 plus; or . 9 The regulations specified in this paragraph (which relate to notional capital) are— a regulation 43(3A) of the Housing Benefit Regulations ; b regulation 51(3A) of the Income Support Regulations . 10 In each specified paragraph of the Schedules specified in paragraph (11), for sub-paragraph ( d ) there shall be substituted the following sub-paragraph— d any child care expenses reimbursed to the claimant in respect of his participation in a New Deal option or in the Preparation for Employment Programme for 50 plus ; 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— a paragraph 11 of Schedule 4 to the Housing Benefit Regulations ; b paragraph 13 of Schedule 9 to the Income Support Regulations . 12 For each specified paragraph of the Schedules specified in paragraph (13), there shall be substituted the following paragraph— Any mandatory top-up payment made to a person pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950 in respect of that person’s participation in— the self-employment route; an employment programme specified in— regulation 75(1)( a )(ii) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (Voluntary Sector Option of the New Deal); regulation 75(1)( a )(iii) of those Regulations (Environmental Task Force Option of the New Deal), or the Preparation for Employment Programme specified in regulation 75(1)( a )(v) of those Regulations, or the Preparation for Employment Programme for 50 plus. . 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) are— a paragraph 66 of Schedule 4 to the Housing Benefit Regulations ; b paragraph 60 of Schedule 9 to the Income Support Regulations . 14 For each specified paragraph of the Schedules specified in paragraph (15), there shall be substituted the following paragraph— Any mandatory top-up payment made to a person pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950 in respect of that person’s participation in— the self-employment route; an employment programme as specified in— regulation 75(1)( a )(ii) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (Voluntary Sector Option of the New Deal); regulation 75(1)( a )(iii) of those Regulations (Environmental Task Force Option of the New Deal), or the Preparation for Employment Programme specified in regulation 75(1)( a )(v) of those Regulations, or the Preparation for Employment Programme for 50 plus, but only for the period of 52 weeks from the date of receipt of the payment. . 15 The paragraph numbers and Schedules specified in this paragraph (which relate to capital to be disregarded) are— a paragraph 51 of Schedule 5 to the Housing Benefit Regulations ; b paragraph 48 of Schedule 10 to the Income Support Regulations . Consequential amendments 14 1 In the provisions specified in paragraph (2), for the words from “an employment programme” to “New Deal)” there shall be substituted “the self-employment route”. 2 The provisions specified for the purposes of paragraph (1) are— a in the Housing Benefit Regulations— i regulation 40(7) ; ii paragraph 68(1) of Schedule 4 ; iii paragraphs 7(3) and 53 of Schedule 5; b in the Income Support Regulations— i paragraph 63(1) of Schedule 9 ; ii paragraphs 6(3) and 50 of Schedule 10; c in the Jobseeker’s Allowance Regulations— i paragraph 61(1) of Schedule 6 ; ii paragraphs 11(3) and 45 of Schedule 7 . 3 In the Income Support Regulations— a in both the title to regulation 23A (income of participants in the self-employment route of the Employment Option of the New Deal) and in that regulation, “of the Employment Option of the New Deal” shall be omitted; b in regulation 39A (interpretation), the definition of “self-employment route” shall be omitted; c in the titles to Chapter IVA and to regulations 39B, 39C and 39D and in both regulations 39C(1)( a ) and 39D(1) “of the Employment Option of the New Deal” shall be omitted. 4 In the Jobseeker’s Allowance Regulations— a in the title to regulation 88A (income of participants in the self-employment route of the Employment Option of the New Deal) and in that regulation “of the Employment Option of the New Deal” shall be omitted; b in regulation 102A (interpretation), the definition of “self-employment route” shall be omitted; c in the titles to Chapter IVA and to regulations 102B, 102C and 102D and in both regulations 102C(1)( a ) and 102D(1) “of the Employment Option of the New Deal” shall be omitted. 5 In regulation 40(7) (income treated as capital) of the Housing Benefit Regulations, for “those Regulations” there shall be substituted “the Jobseeker’s Allowance Regulations (Northern Ireland) 1996”. Sealed with the Official Seal of the Department for Social Development on 3rd April 2001. John O'Neill Senior Officer of the Department for Social Development The Department of Finance and Personnel hereby consents to regulations 13(1), (2), (3)( a ), (4), (5)( a ), (6), (7)( a ), (8), (9)( a ), (10), (11)( a ), (12), (13)( a ), (14) and (15)( a ) and 14(1), (2)( a ) and (5) of the foregoing Regulations. Sealed with the Official Seal of the Department of Finance and Personnel on 3rd April 2001. Brian Delaney Senior Officer of the Department of Finance and Personnel