Explanatory note
Northern Ireland
(This note is not part of the Regulations.)
These Regulations replace with a further pilot scheme the pilot scheme set out in the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1999, which were amended by the Social Security (Approved Work) Regulations (Northern Ireland) 2000. These in turn replaced the scheme established by the Social Security (New Deal Pilot) Regulations (Northern Ireland)1998.
The schemes relate to persons who claim jobseeker’s allowance and who fulfil the criteria in regulation 3 or 4 as to age and the period over which they have been receiving benefit.
Part II of these Regulations (regulations 5 to 9) makes provision for the pilot programme known as the intensive activity period of the New Deal for 25 plus.
Regulation 5 has the effect that if such a person without good cause refuses or fails to participate in the employment programme known as the intensive activity period of the New Deal pilot for 25 plus, or loses his place on such a programme due to misconduct, he will receive a sanction under Article 21 of the Jobseekers (Northern Ireland) Order 1995 (“the Order”) and the Jobseeker’s Allowance Regulations (Northern Ireland)1996 ("the Jobseeker’s Allowance Regulations"). The effect of this will be a 2 week or 4 week loss or reduction in his jobseeker’s allowance.
Regulation 6 has the effect that a person participating in the intensive activity period of the New Deal pilot for 25 plus shall be liable only to the employment programme sanctions under Article 21(5) or 22A(2)(a) to (c) of the Order, rather than the sanctions under Article 21(6) of the Order.
Regulation 7 treats as available for employment in any week a person participating in the intensive activity period of the New Deal pilot for 25 plus and who is on an employment-related course for not less than 3 days in that week. Regulation 7 also disapplies regulation 15(a) of the Jobseeker’s Allowance Regulations (circumstances in which a person is not to be regarded as available) where a person is participating in such a course.
Regulation 8 adds to the list of circumstances to be regarded as good cause for any act or omission for the purposes of Article 21 of the Order.
Regulation 9 sets out circumstances in which an income-based jobseeker’s allowance is payable to a person even though Article 21 or 22A of the Order would normally prevent it.
Part III of these Regulations makes various consequential amendments to the Housing Benefit (General) Regulations (Northern Ireland)1987, the Income Support (General) Regulations (Northern Ireland) 1987 and the Jobseeker’s Allowance Regulations (Northern Ireland)1996, so as to enable participants in the intensive activity period of the New Deal pilot for 25 plus to continue to claim those benefits—
regulation 11 modifies the definition of “training allowance” which applies for the purposes of those benefits in relation to participants in the pilot scheme;
regulation 12 provides that participants in the pilot scheme shall not be treated as in remunerative work;
regulation 13 ensures that certain payments made to participants in the pilot scheme are not treated as either notional income or notional earnings, and regulation 14 ensures that such payments are not treated as notional capital;
regulations 15 and 16 ensure that certain payments made to participants in the pilot scheme are disregarded as both income and capital;
regulation 17 provides that participants in the pilot scheme who are receiving assistance in pursuing self-employed earner’s employment are subject to special rules as to the treatment of their income and capital.
Part IV of these Regulations makes provision for the pilot known as the New Deal Education and Training Opportunities for 25 plus. Regulation 19 modifies regulation 17A of the Jobseeker’s Allowance Regulations to reduce, for the purpose of these Regulations, the period during which a person must be receiving benefit in order to qualify for participation in the New Deal Education and Training Opportunities pilot for 25 plus from 2 years to 18 months, and provide that any period of interruption in receiving benefit which does not exceed 28 days shall be taken into account in calculating the 18 month period referred to in regulations 3 and 4.
Regulation 20 provides that these Regulations apply to a person to whom the Social Security (New Deal Pilot) Regulations (Northern Ireland) 1999 applied immediately before they ceased to have effect.
These Regulations do not impose a charge on business.
In so far as these Regulations are required, for the purposes of regulations 11(1) and (2)(a), 12(3), 13(3), 14(2), 15(1) and (2)(a), 16(1) and (2)(a) and 17(2) and (3)(a) to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8), (“the 1992 Act”), after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the 1992 Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.