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The New Deal (Miscellaneous Provisions) Order 1998

S.I. 1998/217 · Made 6 February 1998 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 January 2014.

SOCIAL SECURITY

Made 6th February 1998

Laid before Parliament 9th February 1998

Coming into force 2nd March 1998

Whereas arrangements known as “the New Deal" have been made by the Secretary of State under section 2 of the Employment and Training Act 1973M1 ( “the 1973 Act"):

And whereas the New Deal includes a number of programmes of employment or employment related training known individually as “the Full-time Education and Training Option", “the Voluntary Sector Option" and “the Environment Task Force Option":

And whereas it appears to the Secretary of State that these arrangements make provision for persons using facilities provided in pursuance of them to receive payments in connection with their use of those facilities:

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 26(1)(a), (c) and (d) and (2) of the Employment Act 1988M2 and all other powers enabling him in that behalf, hereby makes the following Order:—

Annotations to the whole text

Marginal citations

M1

1973 c.50: section 2 was substituted by section 25(1) of the Employment Act 1988 (c.19).

M2

1988 c.19.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Treatment of persons and payments for the purposes of the Social Security Contributions and Benefits Act 1992, the Jobseekers Act 1995 and specified subordinate legislation
  3. Signature
  4. Schedule LIST OF SUBORDINATE LEGISLATION
  5. Paragraph
  6. Paragraph
  7. Paragraph
  8. Paragraph
  9. Paragraph
  10. Paragraph
  11. Paragraph
  12. Paragraph
  13. Paragraph
  14. Paragraph
  15. Paragraph
  16. Paragraph
  17. Paragraph
  18. Paragraph
  19. Paragraph
  20. Paragraph
  21. Paragraph
  22. Paragraph
  23. Paragraph
  24. Paragraph
  25. Paragraph
  26. Paragraph
  27. Paragraph
  28. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the New Deal (Miscellaneous Provisions) Order 1998 and shall come into force on 2nd March 1998.

(2)

In this Order, unless the context otherwise requires—

  • F1“facilities” means facilities provided for the participant in pursuance of one or more of the New Deal Components;

    “the New Deal" means the arrangements known by that name and made under section 2 of the 1973 Act for which only persons who are aged 18 years or over and less than 26 years immediately prior to entry are eligible and which are designed to help New Deal Participants to obtain work or to improve their prospects of obtaining work;

  • “the New Deal Components" means any of the following, that is to say, the programmes of employment or employment-related training under the New Deal known individually as “the Full-time Education and Training Option", “the Voluntary Sector Option" F2,“the Employment Option” and “the Environment Task Force Option";

  • F3“trading receipt” means, in relation to a New Deal Participant under the Employment Option, any payment made to him in consideration of goods or services supplied by him in the course of his participation under that option;

    “training allowance" means a payment made directly by the Secretary of State to a New Deal Participant in connection with his participation in one or more of the New Deal components;

and a person is, or, as the case may be, was, at any material time, a “New Deal Participant"if he is, or, as the case may be, was, at that time, using facilitiesF4....

2Treatment of persons and payments for the purposes of the Social Security Contributions and Benefits Act 1992, the Jobseekers Act 1995 and specified subordinate legislationF1

(1)

The provisions of this article apply for the purposes of—

(a)

Part I of the Social Security Contributions and Benefits Act 1992,

(b)

the Jobseekers Act 1995 and

(c)

the subordinate legislation specified in the Schedule to this Order.

(2)

If, for any period or periods commencing with or falling after the date on which this Order comes into force, during which a person is a New Deal Participant and is participating in either the Full-time Education and Training Option, the Voluntary Sector Option or the Environment Task Force Option, that person receives, or is eligible to receive, a training allowance, he is to be treated for that period or those periods and in respect of his participation as not being employed but as participating in arrangements for training under section 2 of the 1973 Act; and accordingly any payment made to such a person during that period or those periods in connection with his use of facilities shall be treated in the same manner as a payment of training allowance made in respect of such training.

(3)

If, for any period or periods commencing with or falling after the date on which this paragraph comes into force, during which a person is a New Deal Participant and is participating in the Employment Option in a capacity other than that of employee, that person receives, or is eligible to receive, a training allowance, he is to be treated for that period or those periods and in respect of his participation as not being employed but as participating in arrangements for training under section 2 of the 1973 Act; and accordingly any payment, other than a trading receipt, made to such a person during that period or those periods in connection with his use of facilities shall be treated in the same manner as a payment of training allowance made in respect of such training.

Signature

Signed by order of the Secretary of State

Andrew Smith

Minister of State,

Department for Education and Employment

LIST OF SUBORDINATE LEGISLATION

The Social Security (Credits) Regulations 1975 M1

The Social Security (Overlapping Benefits) Regulations 1979 M1

The Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 M1

The Income Support (General) Regulations 1987 M1

The Social Security (Claims and Payments) Regulations 1987 M1

The Income Support (Transitional) Regulations 1987 M1

F1The Housing Benefit Regulations 2006;

The Family Credit (General) Regulations 1987 M1

The Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1989 M1

The Students’ Allowances (Scotland) Regulations 1991 M1

The Income Support (General) Amendment No. 4 Regulations 1991 M1

The Income Support (General) Amendment No. 6 Regulations 1991 M1

The Disability Working Allowance (General) Regulations 1991 M1

The Child Support (Maintenance Assessment Procedure) Regulations 1992 M1

F1 The Council Tax Benefit Regulations 2006;

The Child Support (Maintenance Assessment and Special Cases) Regulations 1992 M1

The Education Authority Bursaries (Scotland) Regulations 1995 M1

The Jobseeker’s Allowance Regulations 1996 M1

The Jobseeker’s Allowance (Transitional Provisions) Regulations 1996 M1

The Social Security (Back to Work Bonus) (No. 2) Regulations 1996 M1

The Housing Renewal Grants Regulations 1996 M1

The Education (Mandatory Awards) Regulations 1997 M1

F1 The Child Support (Maintenance Calculation Procedure) Regulations 2000 M1

Explanatory note

(This note is not part of the Order)

This Order provides that, for the purposes of Part I of the Social Security Contributions and Benefits Act 1992 (c.4) and the Jobseekers Act 1995 (c.18) and of the subordinate legislations specified in the Schedule to the Order, a person using facilities provided in pursuance of any of the employment or employment-related training programmes known as “the Full-time Education and Training Option", “the Voluntary Sector Option" and “the Environment Task Force Option"under the arrangements known as the New Deal and receiving or entitled to receive from the Secretary of State a training allowance in connection with the use of those facilities shall be treated as participating in arrangements for training under sections 2 of the Employment and Training Act 1973 (c.50). Any payment made to such a person in connection with his use of those facilities shall be treated as a payment of training allowance made in respect of such training.