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Statutory Instruments

1993 No. 1621

SOCIAL SECURITY

The Community Action (Miscellaneous Provisions) Order 1993

Made

28th June 1993

Laid before Parliament

5th July 1993

Coming into force

27th July 1993

Whereas arrangements have been made by the Secretary of State under section 2 of the Employment and Training Act 1973M1 ( “the 1973 Act”) to set up a programme to be known as Community Action:

And whereas it appears to the Secretary of State that Community Action makes provision for persons using facilities provided in pursuance of those arrangements 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 of all other powers enabling him in that behalf, hereby makes the following Order:

Marginal Citations

M11973 c.50; section 2 was substituted by section 25(1) of the Employment Act 1988 (c.19).

Citation and commencementE+W+S

1.  This Order may be cited as the Community Action (Miscellaneous Provisions) Order 1993 and shall come into force on 27th July 1993.

Treatment of persons and payments for purposes of the subordinate legislation specified in the ScheduleE+W+S

2.  For the purposes of the subordinate legislation specified in the Schedule to this Order a person using facilities provided under Community Action shall be treated 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 in connection with his use of those facilities shall be treated in the same manner as a payment made in respect of such training.

Treatment of payments for purposes of the Social Security Contributions and Benefits Act 1992E+W+S

3.  A payment made to a person in connection with his use of facilities provided under Community Action shall not be treated as earnings for the purposes of Part I of the Social Security Contributions and Benefits Act 1992 M3.

Marginal Citations

Signed by order of the Secretary of State.

Michael Forsyth

Minister of State,

Department of Employment

Article 2

SCHEDULEE+W+S List of subordinate legislation

The Social Security (Credits) Regulations 1975 M4

The Social Security (Overlapping Benefits) Regulations 1979 M5

The Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 M6

The Income Support (General) Regulations 1987 M7

The Social Security (Claims and Payments) Regulations 1987 M8

The Income Support (Transitional) Regulations 1987 M9

[F1The Housing Benefit Regulations 2006;]

[F2The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;]

The Family Credit (General) Regulations 1987 M10

The European Communities (Iron and Steel Employees Re-adaptation Benefits Scheme) (No.2) Regulations 1988 M11

The Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 M12

The Education Authority Bursaries (Scotland) Regulations 1988 M13

The Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1989 M14

The Housing Renovation etc. Grants (Reduction of Grant) Regulations 1990 M15

The Students’ Allowances (Scotland) Regulations 1991 M16

The Income Support (General) Amendment No.4 Regulations 1991 M17

The Income Support (General) Amendment No.6 Regulations 1991 M18

The Disability Working Allowance (General) Regulations 1991 M19

The Education (Mandatory Awards) Regulations 1992 M20

[F3The Council Tax Benefit Regulations 2006;]

[F4The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006]

The Child Support (Maintenance Assessment and Special Cases) Regulations 1992 M21

[F5The Child Support (Maintenance Calculations and Special Cases) Regulations 2000]

Textual Amendments

F5Words inserted in Sch. (10.11.00) by S.I. 2001/158, reg. 3

Marginal Citations

M4S.I. 1975/556; relevant amending instruments are S.I. 1978/409, 1987/414, 1988/1230, 1439 and 1545, 1989/1627 and 1991/387.

M5S.I. 1979/597; relevant amending instruments are S.I. 1982/1173, 1988/1446 and 1991/387.

M6S.I. 1983/1598; relevant amending instruments are S.I. 1988/1843, 1989/872 and 1324, 1990/1847 and 1991/387.

M7S.I. 1987/1967; relevant amending instruments are S.I. 1988/663, 1228, 1445 and 2022, 1989/1678, 1990/547 and 1776, 1991/236, 387, 2155, 2336 and 2742, 1992/468 and 1993/963.

M8S.I. 1987/1968; relevant amending instruments are S.I. 1990/2208, 1991/387 and 1992/247.

M9S.I. 1987/1969; relevant amending instruments are S.I. 1988/521 and 670, 1989/1626 and 2340, 1990/2324, 1991/387 and 1600 and 1992/1326.

M10S.I. 1987/1973; relevant amending instruments are S.I. 1988/660, 1438 and 1970, 1991/387 and 1992/573 and 2155.

M11S.I 1988/538; the relevant amending instrument is S.I. 1991/387.

M12S.I. 1988/664, to which there are amendments not relevant to this Order.

M13S.I. 1988/1042; the relevant amending instrument is S.I. 1990/1347.

M14S.I. 1989/76; the relevant amending instrument is S.I. 1991/387.

M15S.I. 1990/1189; the relevant amending instrument is S.I. 1991/897.

M19S.I. 1991/2887; the relevant amending instrument is S.I. 1992/2155.

M21S.I. 1992/1815; the relevant amending instrument is S.I. 1993/913.

Explanatory Note

(This note is not part of the Order)

This Order provides that, for the purposes of the subordinate legislation specified in the Schedule to the Order, a person using facilities provided under the Community Action programme shall be treated as participating in arrangements for training under section 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 in the same manner as a payment made in respect of such training.

The Order provides that a payment made to a person in connection with his use of such facilities shall not be treated as earnings for the purposes of Part I of the Social Security Contributions and Benefits Act 1992 (c.4).