Regulation 2 Consequential amendmentsI1

in regulation 1(3) (citation, commencement and interpretation) after the definition of “legally qualified panel member” there shall be inserted the following definition—

• ““the Breach of Community Order Regulations” means the Social Security (Breach of Community Order) Regulations 2001^f2;”;

in regulation 3 (revision of decisions) after paragraph (8) there shall be inserted the following paragraph—

“(8A)

Where a court makes a determination which results in a restriction being imposed pursuant to section 62 or 63 of the Child Support, Pensions and Social Security Act 2000 (loss of benefit provisions) and that determination is quashed or set aside by that or any other court, a decision of the Secretary of State under section 8(1)(a) or 10 made in accordance with regulation 6(2)(i) may be revised at any time.”;

in regulation 6 (supersession of decisions) after paragraph (2)(h) there shall be added the following paragraph—

“(i)

is a decision of the Secretary of State that a jobseeker’s allowance or income support is payable to a claimant where the Secretary of State is notified that a court has made a determination which results in a restriction being imposed pursuant to section 62 or 63 of the Child Support, Pensions and Social Security Act 2000.”;

in regulation 7 (date from which a decision superseded under section 10 takes effect) after paragraph (26) there shall be added the following paragraph—

“(27)

A decision to which regulation 6(2)(i) applies shall take effect from the beginning of the period specified—

(a)

subject to sub-paragraphs (d) and (e), in relation to a jobseeker’s allowance—

(i)

in regulation 3(1)(a) of the Breach of Community Order Regulations;

(ii)

in regulation 3(1)(b) of those Regulations;

(b)

subject to sub-paragraphs (d) and (e), in relation to income support—

(i)

in regulation 3(3)(a) of the Breach of Community Order Regulations;

(ii)

in regulation 3(3)(b) of those Regulations;

(c)

subject to sub-paragraphs (d) and (e), in relation to a joint-claim jobseeker’s allowance—

(i)

in regulation 3(4)(a) of the Breach of Community Order Regulations;

(ii)

in regulation 3(4)(b) of those Regulations;

(d)

in regulation 3(5) of the Breach of Community Order Regulations;

(e)

in regulation 3(6) of the Breach of Community Order Regulations.”.

at the end of regulation 47(4)(b)(ii) (jobseeking period) there shall be added the words “or by virtue of a restriction imposed pursuant to section 62 or 63 of the Child Support, Pensions and Social Security Act 2000 (loss of benefit provisions)”;

for paragraph (1) of regulation 170 (persons in receipt of a training allowance) there shall be substituted the following paragraph—

“(1)

A person who is not receiving training falling within paragraph (2) may be entitled to an income-based jobseeker’s allowance without—

(a)

being available for employment;

(b)

having entered into a jobseeker’s agreement; or

(c)

actively seeking employment,

if he is in receipt of a training allowance or if he would be in receipt of a training allowance if the Social Security (Breach of Community Order) Regulations 2001 did not prevent the payment of a training allowance to him.”.