The Social Security Amendment (New Deal) Regulations 1997

Common amendments

17.—(1) In each of the regulations specified in paragraph (2) of this regulation, after the words “(concessionary coal)” there shall be inserted the words “or to section 2 of the Employment and Training Act 1973 in respect of a person’s participation in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996 or in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations”.

(2) The regulations to which paragraph (1) of this regulation refers (which relate to notional income)(1) are—

(a)regulation 26(3) of the Council Tax Benefit Regulations;

(b)regulation 29(3) of the Disability Working Allowance Regulations;

(c)regulation 26(3) of the Family Credit Regulations;

(d)regulation 35(3) of the Housing Benefit Regulations;

(e)regulation 42(4) of the Income Support Regulations.

(3) In each of the regulations specified in paragraph (4) of this regulation, after the words “free of charge” there shall be added the words “or in a case where the service is performed in connection with the claimant’s participation in an employment or training programme in accordance with regulation 19(1)(q) of the Jobseeker’s Allowance Regulations 1996” .

(4) The regulations to which paragraph (3) of this regulation refers (which relate to notional earnings) are—

(a)regulation 26(5) of the Council Tax Benefit Regulations(2);

(b)regulation 29(4) of the Disability Working Allowance Regulations(3);

(c)regulation 26(4) of the Family Credit Regulations(4);

(d)regulation 35(5) of the Housing Benefit Regulations(5);

(e)regulation 42(6) of the Income Support Regulations(6).

(5) In each of the regulations specified in paragraph (6) of this regulation, after the words “Independent Living Funds” there shall be inserted the words “or pursuant to section 2 of the Employment and Training Act 1973 in respect of a person’s participation in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996 or in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations”.

(6) The regulations to which paragraph (5) of this regulation refers (which relate to notional capital)(7) are—

(a)regulation 34(3) of the Council Tax Benefit Regulations;

(b)regulation 37(3) of the Disability Working Allowance Regulations;

(c)regulation 34(3) of the Family Credit Regulations;

(d)regulation 43(3) of the Housing Benefit Regulations;

(e)regulation 51(3) of the Income Support Regulations.

(7) In each specified paragraph of the Schedules specified in paragraph (8) of this regulation (which relate to sums to be disregarded in the calculation of income other than earnings)—

(a)after sub-paragraph (c) there shall be added the following sub-paragraph—

“(d)any child care expenses reimbursed to the claimant in respect of his participation in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996 or in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations,”;

(b)for “(b) or (c)” there shall be substituted “(b), (c) or (d)”.

(8) The respective paragraph number and Schedules for the purposes of paragraph (7) of this regulation are–

(a)paragraph 11 of Schedule 4 to the Council Tax Benefit Regulations;

(b)paragraph 11 of Schedule 3 to the Disability Working Allowance Regulations;

(c)paragraph 11 of Schedule 2 to the Family Credit Regulations(8).

(d)paragraph 11 of Schedule 4 to the Housing Benefit Regulations(9).

(e)paragraph 13 of Schedule 9 to the Income Support Regulations(10).

(9) At the end of the Schedules specified in paragraph (10) of this regulation (which relate to sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraphs bearing the specified respective paragraph numbers—

• “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 Voluntary Sector Option of the New Deal as specified in regulation 75(1)(a)(ii)(bb) of the Jobseeker’s Allowance Regulations 1996 or in the Environment Task Force Option of the New Deal as specified in regulation 75(1)(a)(ii)(cc) of those Regulations.

• Any discretionary payment to meet, or to help meet, special needs made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in the Full-Time Education and Training Option of the New Deal as specified in regulation 75(1)(b)(ii) of the Jobseeker’s Allowance Regulations 1996.”.

(10) The respective paragraph numbers and Schedules for the purposes of paragraph (9) of this regulation(11) are—

(a)paragraphs 64 and 65 of Schedule 4 to the Council Tax Benefit Regulations;

(b)paragraphs 57 and 58 of Schedule 3 to the Disability Working Allowance Regulations;

(c)paragraphs 59 and 60 of Schedule 2 to the Family Credit Regulations;

(d)paragraphs 64 and 65 of Schedule 4 to the Housing Benefit Regulations;

(e)paragraphs 62 and 63 of Schedule 9 to the Income Support Regulations.

(11) At the end of each of the Schedules specified in paragraph (12) of this regulation (which relate to capital to be disregarded) there shall be added the following paragraphs bearing the specified respective paragraph numbers—

• “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 Voluntary Sector Option of the New Deal as specified in regulation 75(1)(a)(ii)(bb) of the Jobseeker’s Allowance Regulations 1996 or in the Environment Task Force Option of the New Deal as specified in regulation 75(1)(a)(ii)(cc) of those Regulations but only for a period of 52 weeks from the date of receipt of the payment.

• Any discretionary payment to meet, or to help meet, special needs made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in the Full-Time Education and Training Option of the New Deal as specified in regulation 75(1)(b)(ii) of the Jobseeker’s Allowance Regulations 1996 but only for a period of 52 weeks from the date of receipt of the payment.”.

(12) The respective paragraph numbers and Schedules for the purposes of paragraph (11) of this regulation are—

(a)paragraphs 53 and 54 of Schedule 5 to the Council Tax Benefit Regulations(12);

(b)paragraphs 51 and 52 of Schedule 4 to the Disability Working Allowance Regulations(13);

(c)paragraphs 52 and 53 of Schedule 3 to the Family Credit Regulations(14);

(d)paragraphs 53 and 54 of Schedule 5 to the Housing Benefit Regulations(15);

(e)paragraphs 50 and 51 of Schedule 10 to the Income Support Regulations(16).