SOCIAL SECURITY PART I GENERAL Citation, commencement and duration 1 1 These Regulations may be cited as the Social Security (New Deal Pilot) Regulations 1998 and shall come into force on 30th November 1998. 2 These Regulations shall cease to have effect on 29th November 1999, unless revoked with effect from an earlier date. Interpretation 2 1 In these Regulations, unless the context otherwise requires– “ the Act ” means the Jobseekers Act 1995; “appropriate office” means an office, by whatever name it is from time to time known, of the Department for Education and Employment which is identified by reference to its name as at the date these Regulations come into force in one or more of the Schedules to these Regulations, and where such an office closes, the references in the Schedules to that office in relation to a person shall be construed as references to the office which that person is required to attend instead of that office; “benefit” means jobseeker’s allowance or any earnings credited to a person in accordance with regulation 8A of the Social Security (Credits) Regulations 1975 ; “the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ; “the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ; “employment officer” means a person who is at any time an employment officer for the purposes of section 19 of the Act; “employment-related course” has the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations ; “the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 ; “full-time student” has the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations; “gateway interview” means an interview with an employment officer to identify and discuss matters that could help a person find work and matters that are preventing him from finding work; “the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ; “the Income Support Regulations ” means the Income Support (General) Regulations 1987 ; “the intensive activity period of the New Deal pilots for 25 plus” means the programme provided in pursuance of arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 for which only persons who are aged 25 years or over may be eligible, known as the intensive activity period of the New Deal pilots for 25 plus, and which includes for any individual, jobsearch activity and one or more of the following, namely training, study, assistance in pursuing self-employed earner’s employment and work experience; “the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 ; “part-time student” has the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations; “week” means any period of 7 days. 2 In regulations 3 to 5, the references to receiving benefit for not less than the periods or, as the case may be, for less than the period, referred to in those regulations means receiving benefit– a without any period of interruption, or b with a period of interruption which did not exceed 28 days, or c with a number of periods of interruption, none of which exceeded 28 days, and any period of interruption which did not exceed 28 days shall be taken into account in calculating the periods referred to in regulations 3 to 5. 3 In these Regulations, unless the context otherwise requires, a reference a to a numbered regulation is to the regulation in these Regulations bearing that number; b in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number; and c to a numbered Schedule is to the Schedule to these Regulations bearing that number. PART II THE INTENSIVE ACTIVITY PERIOD OF THE NEW DEAL PILOTS FOR 25 PLUS Application: persons aged 25 and over in receipt of benefit for 12 months 3 This regulation shall apply to any person who– a on or after the date these Regulations come into force attends an appropriate office listed in Schedule 1 pursuant to a notice under regulation 23 of the Jobseeker’s Allowance Regulations, and b on any day when he so attends is aged 25 or over but under pensionable age and has been receiving benefit for a period of not less than 12 months. Application: persons aged 25 and over in receipt of benefit for 18 months 4 This regulation shall apply to any person who– a on or after the date these Regulations come into force attends an appropriate office listed in Schedule 2 pursuant to a notice under regulation 23 of the Jobseeker’s Allowance Regulations, and b on any day when he so attends is aged 25 or over but under pensionable age and has been receiving benefit for a period of not less than 18 months. Application: volunteers 5 This regulation shall apply to any person who– a on or after the date these Regulations come into force, attends an appropriate office listed in Schedule 3 pursuant to a notice under regulation 23 of the Jobseeker’s Allowance Regulations and when he so attends volunteers to attend a gateway interview, b on the day he so attends, is aged 25 or over but under pensionable age and has been receiving benefit for a period of less than 18 months, and c in respect of whom an employment officer agrees that he may be given a gateway interview. Sanction 6 1 In relation to a person to whom paragraph (2) applies, “employment programme” in section 19 of the Act means, in addition to the programmes listed in regulation 75(1) of the Jobseeker’s Allowance Regulations, the intensive activity period of the New Deal pilots for 25 plus. 2 This paragraph applies to any person to whom regulation 3, 4, or 5 applies and who has been given or sent a notice in writing by an employment officer advising him that if he fails to participate in the intensive activity period of the New Deal pilots for 25 plus his jobseeker’s allowance could cease to be payable or could be payable at a lower rate. 3 In relation to a person to whom paragraph (2) applies, for sub-paragraph (ii) of paragraph (a) of regulation 69 of the Jobseeker’s Allowance Regulations there shall be substituted the following– ii either– aa where the determination mentioned in (i) above does not relate to the intensive activity period of the New Deal pilots for 25 plus, on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5), or bb where the determination mentioned in (i) above relates to the intensive activity period of the New Deal pilots for 25 plus, on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5) that relate to the intensive activity period of the New Deal pilots for 25 plus, and . Interpretation of section 19 of the Jobseekers Act 1995 and Part V of the Jobseeker’s Allowance Regulations 7 In relation to a person to whom regulation 3, 4 or 5 applies, “employment” in section 19 of the Act, except subsection (9), and in Part V of the Jobseeker’s Allowance Regulations means employed earner’s employment other than employed earner’s employment in which a person is employed whilst participating in the intensive activity period of the New Deal pilots for 25 plus; and “employed earner” shall be construed accordingly. Availability for employment 8 1 In relation to a person to whom regulation 3, 4 or 5 applies– a regulation 15(a) of the Jobseeker’s Allowance Regulations shall be modified in its application to him as if the following words were added after the words “full-time student” where those words appear for the first time– , other than where he is a full-time student by virtue of undertaking an employment-related course as part of the intensive activity period of the New Deal pilots for 25 plus, ; and b if in any week in which he is participating in the intensive activity period of the New Deal pilots for 25 plus he is as part of that programme undertaking as a full-time student or a part-time student an employment-related course for not less than three days in that week, he shall be treated as available for employment for that week. 2 In this regulation, “week” has the same meaning as “benefit week” in regulation 1(3) of the Jobseeker’s Allowance Regulations. Good Cause 9 Without prejudice to any other circumstances in which a person may be regarded as having good cause for any act or omission for the purposes of section 19(5)(b) of the Act, and in addition to the circumstances listed in regulation 73 of the Jobseeker’s Allowance Regulations, a person to whom regulation 3, 4 or 5 applies is to be regarded as having good cause for an act or omission in relation to the intensive activity period of the New Deal pilots for 25 plus for the purposes of section 19(5)(b) where he has already participated in the intensive activity period of the New Deal pilots for 25 plus for one continuous period of 13 weeks or two or more periods amounting in total to 13 weeks. Payability of allowance 10 An income-based jobseeker’s allowance shall be payable to a person to whom regulation 3, 4 or 5 applies even though section 19 of the Act prevents payment of a jobseeker’s allowance to him if– a an allowance would not otherwise be payable because the circumstances in section 19(5)(c) of the Act apply in relation to the intensive activity period of the New Deal pilots for 25 plus, and b he has already participated in the intensive activity period of the New Deal pilots for 25 plus for one continuous period of 13 weeks or two or more periods amounting in total to 13 weeks, and the applicable amount of a person to whom this regulation applies shall be the amount determined in accordance with regulation 83, 84, 85, 86, 145 or 148 of the Jobseeker’s Allowance Regulations, as appropriate. PART III CONSEQUENTIAL PROVISIONS Scope of Part III 11 1 Regulations 12 and 14 to 17 shall only apply in relation to a person to whom regulation 3, 4 or 5 applies in so far as those regulations relate to that person’s participation in the intensive activity period of the New Deal pilots for 25 plus. 2 Regulation 13 shall only apply in any week in which a person to whom reglation 3, 4 or 5 applies is participating in the intensive activity period of the New Deal pilots for 25 plus. Definition of “training allowance” 12 1 The definition of “training allowance” in each of the regulations specified in paragraph (2) (which are interpretation provisions) shall be modified in its application to persons to whom this Part applies as if at the end there were added the words “nor does it include any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’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 1998 in regulation 2(1) of those Regulations”. 2 The regulations to which paragraph (1) refers are– a regulation 2(1) of the Council Tax Benefit Regulations; b regulation 2(1) of the Disability Working Allowance Regulations ; c regulation 2(1) of the Family Credit Regulations ; d regulation 2(1) of the Housing Benefit Regulations ; e regulation 2(1) of the Income Support Regulations ; f regulation 1(3) of the Jobseeker’s Allowance Regulations . Remunerative work 13 1 Regulation 53 of the Jobseeker’s Allowance Regulations (persons treated as not engaged in remunerative work) shall be modified in its application to persons to whom this Part applies as if at the end there was added the following paragraph– j he is participating 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 1998 in regulation 2(1) of those Regulations . 2 Regulation 6 of the Income Support Regulations (persons treated as not engaged in remunerative work) shall be modified in its application to persons to whom this Part applies as if at the end there was added the following paragraph– l he is participating 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 1998 in regulation 2(1) of those Regulations . 3 Both regulation 4 of the Council Tax Benefit Regulations and regulation 4 of the Housing Benefit Regulations (remunerative work) shall be modified in their application to persons to whom this Part applies as if after paragraph (5) there was inserted the following paragraph– 5A A person shall not, for the purposes of these Regulations, be treated as engaged in remunerative work in any benefit week in which he is participating 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 1998 in regulation 2(1) of those Regulations. . 4 Both regulation 4 of the Family Credit Regulations and regulation 6 of the Disability Working Allowance Regulations (remunerative work) shall be modified in their application to persons to whom this Part applies as if after paragraph (3)(c) there was added the following sub-paragraph– d he is participating 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 1998 in regulation 2(1) of those Regulations. . Notional Income 14 1 Regulation 105 of the Jobseeker’s Allowance Regulations (notional income) shall be modified in its application to persons to whom this Part applies as if– a in sub-paragraph (c) of paragraph (10A) , after head (iii), there was added the following head– iv 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 1998 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (10)(a)(ii) ; b in paragraph (13) – i at the beginning, there were inserted the words “Subject to paragraph (13A),”; ii the words from “; but this paragraph” to the end of the paragraph were omitted; c after paragraph (13) there were 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 adjudication officer 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 the claimant’s participation in– i an employment or training programme in accordance with regulation 19(1)(q); or ii 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 1998 in regulation 2(1) of those Regulations. . 2 Regulation 42 of the Income Support Regulations (notional income) shall be modified in its application to persons to whom this Part applies as if– a in sub-paragraph (c) of paragraph (4ZA) , after head (iii), there was added the following head– iv 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 1998 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (4)(a)(ii); ; b in paragraph (6)(a) – i at the beginning, there were inserted the words “Subject to paragraph (6A),”; ii the words from “; but this paragraph” to the end of the paragraph were omitted; c after paragraph (6) there were inserted the following paragraph– 6A Paragraph (6) shall not apply– a to a claimant who is engaged by a charitable or voluntary organisation or who is a volunteer if the adjudication officer 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 the claimant’s participation in– i an employment or training programme in accordance with regulation 19(1)(q) of the Jobseeker’s Allowance Regulations 1996; or ii 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 1998 in regulation 2(1) of those Regulations. . 3 Both regulation 26 of the Council Tax Benefit Regulations and regulation 35 of the Housing Benefit Regulations (which relate to notional income) shall be modified in their application to persons to whom this Part applies as if– a in sub-paragraph (c) of paragraph (3A), after head (iii), there was added the following head– iv 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 1998 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (3)(a); ; b in paragraph (5)– i at the beginning, there were inserted the words “Subject to paragraph (5A),”; ii the words from “; but this paragraph” to the end of the paragraph were omitted; c after paragraph (5) there were 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 adjudication officer 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 the claimant’s participation in– i an employment or training programme in accordance with regulation 19(1)(q) of the Jobseeker’s Allowance Regulations 1996; or ii 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 1998 in regulation 2(1) of those Regulations. . 4 Both regulation 29 of the Disability Working Allowance Regulations and regulation 26 of the Family Credit Regulations (which relate to notional income) shall be modified in their application to persons to whom this Part applies as if– a in sub-paragraph (c) of paragraph (3A), after head (iii), there was added the following head– iv 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 1998 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (3)(a); ; b in paragraph (4)– i at the beginning, there were inserted the words “Subject to paragraph (4A),”; ii the words from “; but this paragraph” to the end of the paragraph were omitted; c after paragraph (4) there were inserted the following paragraph– 4A Paragraph (4) shall not apply– a to a claimant who is engaged by a charitable or voluntary organisation or who is a volunteer if the adjudication officer 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 the claimant’s participation in– i an employment or training programme in accordance with regulation 19(1)(q) of the Jobseeker’s Allowance Regulations 1996; or ii 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 1998 in regulation 2(1) of those Regulations. . Notional capital 15 1 Both regulation 113(3A) of the Jobseeker’s Allowance Regulations and regulation 51(3A) of the Income Support Regulations (notional capital) shall be modified in their application to persons to whom this Part applies as if in sub-paragraph (b), after head (iii), there was added the following head– iv 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 1998 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (3)(a)(ii). . 2 Paragraph (3A) of each of the regulations specified in paragraph (3) (which relate to notional capital) shall be modified in their application to persons to whom this Part applies as if in sub-paragraph (b), after head (iii), there was added the following head– iv 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 1998 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (3)(a). . 3 The regulations to which paragraph (2) refers are– a regulation 34 of the Council Tax Benefit Regulations ; b regulation 37 of the Disability Working Allowance Regulations ; c regulation 34 of the Family Credit Regulations ; d regulation 43 of the Housing Benefit Regulations . Income to be disregarded 16 1 Each of the Schedules specified in paragraph (2) (which relate to sums to be disregarded in the calculation of income other than earnings), shall be modified in their application to persons to whom this Part applies as if at the end of each of those Schedules there were added the following paragraphs bearing the specified respective paragraph numbers– Any child care expenses reimbursed to the claimant in respect of his 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 1998 in regulation 2(1) of those Regulations but this paragraph does not apply to any part of any allowance under section 2(2)(d) of the 1973 Act. Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’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 1998 in regulation 2(1) of those Regulations. . 2 The respective paragraph numbers and Schedules for the purposes of paragraph (1) are– a paragraphs 68 and 69 of Schedule 4 to the Council Tax Benefit Regulations ; b paragraphs 61 and 62 of Schedule 3 to the Disability Working Allowance Regulations ; c paragraphs 63 and 64 of Schedule 2 to the Family Credit Regulations ; d paragraphs 69 and 70 of Schedule 4 to the Housing Benefit Regulations ; e paragraphs 67 and 68 of Schedule 9 to the Income Support Regulations ; f paragraphs 65 and 66 of Schedule 7 to the Jobseeker’s Allowance Regulations . Capital to be disregarded 17 1 Each of the Schedules specified in paragraph (2) (which relate to capital to be disregarded), shall be modified in their application to persons to whom this Part applies as if at the end of each of those Schedules, there were added the following paragraphs bearing the respective specified paragraph numbers– Any child care expenses reimbursed to the claimant in respect of his 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 1998 in regulation 2(1) of those Regulations but only for a period of 52 weeks from the date of receipt of the payment. Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’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 1998 in regulation 2(1) of those Regulations but only for a period of 52 weeks from the date of receipt of the payment. . 2 The respective paragraph numbers and Schedules specified for the purposes of paragraph (1) are– a paragraphs 57 and 58 of Schedule 5 to the Council Tax Benefit Regulations ; b paragraphs 55 and 56 of Schedule 4 to the Disability Working Allowance Regulations ; c paragraphs 56 and 57 of Schedule 3 to the Family Credit Regulations ; d paragraphs 57 and 58 of Schedule 5 to the Housing Benefit Regulations ; e paragraphs 54 and 55 of Schedule 10 to the Income Support Regulations ; f paragraphs 49 and 50 of Schedule 8 to the Jobseeker’s Allowance Regulations . Signed for the purposes of Parts I and II of these Regulations on behalf of the Secretary of State for Education and Employment Andrew Smith Minister of State, Department for Education and Employment 23rd November 1998 Signed for the purposes of Part III of these Regulations on behalf of the Secretary of State for Social Security Angela Eagle Parliamentary Under Secretary of State, Department of Social Security 26th November 1998