Statutory Instrument 1998 No. 217

      The New Deal (Miscellaneous Provisions) Order 1998


      © Crown Copyright 1998

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STATUTORY INSTRUMENTS


1998 No. 217

SOCIAL SECURITY

The New Deal (Miscellaneous Provisions) Order 1998

  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 1973[1] ("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 1988[2] and all other powers enabling him in that behalf, hereby makes the following Order: - 

Citation, commencement and interpretation
     1.  - (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 - 

    "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" and "the Environment Task Force 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 facilities provided for him in pursuance of one or more of the New Deal Components.

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

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, 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.



Signed by order of the Secretary of State


Andrew Smith
Minister of State, Department for Education and Employment

6th February 1998



SCHEDULE
Article 2


LIST OF SUBORDINATE LEGISLATION


The Social Security (Credits) Regulations 1975[
5]

The Social Security (Overlapping Benefits) Regulations 1979[6]

The Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983[7]

The Income Support (General) Regulations 1987[8]

The Social Security (Claims and Payments) Regulations 1987[9]

The Income Support (Transitional) Regulations 1987[10]

The Housing Benefit (General) Regulations 1987[11]

The Family Credit (General) Regulations 1987[12]

The Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1989[13]

The Students' Allowances (Scotland) Regulations 1991[14]

The Income Support (General) Amendment No. 4 Regulations 1991[15]

The Income Support (General) Amendment No. 6 Regulations 1991[16]

The Disability Working Allowance (General) Regulations 1991[17]

The Child Support (Maintenance Assessment Procedure) Regulations 1992[18]

The Council Tax Benefit (General) Regulations 1992[19]

The Child Support (Maintenance Assessment and Special Cases) Regulations 1992[20]

The Education Authority Bursaries (Scotland) Regulations 1995[21]

The Jobseeker's Allowance Regulations 1996[22]

The Jobseeker's Allowance (Transitional Provisions) Regulations 1996[23]

The Social Security (Back to Work Bonus) (No. 2) Regulations 1996[24]

The Housing Renewal Grants Regulations 1996[25]

The Education (Mandatory Awards) Regulations 1997[26]



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.


Notes:

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

[2] 1988 c.19.back

[3] 1992 c.4.back

[4] 1995 c.18.back

[5] S.I. 1975/556; relevant amending instruments are S.I. 1987/414, 1988/1439 and 1545, 1989/1627, 1991/387 and 1996/2367.back

[6] S.I. 1979/597; relevant amending instruments are S.I. 1982/1173, 1988/1446 and 1991/387.back

[7] S.I. 1983/1598; relevant amending instruments are S.I. 1989/872 and 1324 and 1991/387.back

[8] S.I. 1987/1967; relevant amending instruments are S.I. 1988/663 and 1445, 1989/1678, 1991/387, 1992/468 and 2115, 1993/2119, 1994/2139 and 1995/482 and 1613.back

[9] S.I. 1987/1968; relevant amending instruments are S.I. 1990/2208 and 1991/387.back

[10] S.I. 1987/1969; relevant amending instruments are S.I. 1989/1626 and 1991/387.back

[11] S.I. 1987/1971; relevant amending instruments are S.I. 1988/909 and 1971, 1990/546, 1991/387, 1992/432, 1995/2303 and 1996/194.back

[12] S.I. 1987/1973; relevant amending instruments are S.I. 1988/660 and 1970, 1991/387, 1992/573, 1993/2119, 1994/2139 and 1995/2303.back

[13] S.I. 1989/76; the relevant amending instrument is S.I. 1991/387.back

[14] S.I. 1991/1522.back

[15] S.I. 1991/1559.back

[16] S.I. 1991/2334.back

[17] S.I. 1991/2887; relevant amending instruments are S.I. 1992/2155, 1993/2119, 1994/2139 and 1995/2303.back

[18] S.I. 1992/1813; relevant amending instruments are S.I. 1993/913 and 1995/1045.back

[19] S.I. 1992/1814; relevant amending instruments are S.I. 1993/688 and 2118, 1994/578 and 2137 and 1996/194.back

[20] S.I. 1992/1815; relevant amending instruments are S.I. 1993/913 and 1995/1045.back

[21] S.I. 1995/1739.back

[22] S.I. 1996/207; the relevant amending instrument is S.I. 1997/827.back

[23] S.I. 1996/2567, to which there are amendments not relevant to this Order.back

[24] S.I. 1996/2570, to which there are amendments not relevant to this Order.back

[25] S.I. 1996/2890, to which there are amendments not relevant to this Order.back

[26] S.I. 1997/431.back



ISBN 0 11 065521 4


 
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© Crown copyright 1998
Prepared 24 February 1998