Statutory Instrument 2000 No. 724

The Social Security Amendment (Employment Zones) Regulations 2000

---

© Crown Copyright 2000

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Social Security Amendment (Employment Zones) Regulations 2000 , ISBN 0 11 098834 5. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

"the Council Tax Benefit Regulations" means the Council Tax Benefit (General) Regulations 1992[6];

"the Housing Benefit Regulations" means the Housing Benefit (General) Regulations 1987[7];

"the Income Support Regulations" means the Income Support (General) Regulations 1987[8];

"the Jobseeker's Allowance Regulations" means the Jobseeker's Allowance Regulations 1996[9].

Common amendments
     2.  - (1) In each of the regulations specified in paragraph (2) below (interpretation), there shall be inserted the following definitions in the appropriate places-

" "employment zone" means an area within Great Britain designated for the purposes of section 60 of the Welfare Reform and Pensions Act 1999[10] and an "employment zone programme" means a programme established for such an area or areas designed to assist claimants for a jobseeker's allowance to obtain sustainable employment;";

"employment zone contractor" means a person who is undertaking the provision of facilities in respect of an employment zone programme on behalf of the Secretary of State for Education and Employment;";

"subsistence allowance" means an allowance which an employment zone contractor has agreed to pay to a person who is participating in an employment zone programme;".

    (2) The regulations specified in this paragraph are-

(a) regulation 2(1) of the Council Tax Benefit Regulations;

(b) regulation 2(1) of the Housing Benefit Regulations;

(c) regulation 2(1) of the Income Support Regulations;

(d) regulation 1(3) of the Jobseeker's Allowance Regulations.

Income and capital
     3.  - (1) There shall be inserted as-

(a) regulation 42(5A) of the Income Support Regulations (notional income);

(b) regulation 105(11A) of the Jobseeker's Allowance Regulations,

the following paragraph-

" Where the amount of a subsistence allowance paid to a claimant in a benefit week is less than the amount of income-based jobseeker's allowance that person would have received in that benefit week had it been payable to him, less 50p, he shall be treated as possessing the amount which is equal to the amount of income-based jobseeker's allowance which he would have received in that week, less 50p.".

    (2) There shall be added as-

(a) regulation 31(8) of the Council Tax Benefit Regulations (income treated as capital);

(b) regulation 40(8) of the Housing Benefit Regulations;

(c) regulation 48(12) of the Income Support Regulations;

(d) regulation 110(11) of the Jobseeker's Allowance Regulations,

the following paragraph-

" Any arrears of subsistence allowance which are paid to a claimant as a lump sum shall be treated as capital.".

    (3) There shall be added respectively as-

(a) paragraphs 71 and 72 of Schedule 9 to the Income Support Regulations (sums to be disregarded in the calculation of income other than earnings);

(b) paragraph 68 and 69 of Schedule 7 to the Jobseeker's Allowance Regulations;

(c) paragraphs 71 and 72 of Schedule 4 to the Council Tax Benefit Regulations;

(d) paragraphs 72 and 73 of Schedule 4 to the Housing Benefit Regulations,

the following paragraphs-

" Where the amount of a subsistence allowance paid to a person in a benefit week exceeds the amount of income-based jobseeker's allowance that person would have received in that benefit week had it been payable to him, less 50p, that excess amount.

In the case of a claimant participating in an employment zone programme, any discretionary payment made by an employment zone contractor to the claimant, being a fee, grant, loan or otherwise.".

    (4) There shall be added respectively as-

(a) paragraphs 58 and 59 of Schedule 10 to the Income Support Regulations (capital to be disregarded);

(b) paragraphs 53 and 54 of Schedule 8 to the Jobseeker's Allowance Regulations;

(c) paragraphs 61 and 62 of Schedule 5 to the Council Tax Benefit Regulations;

(d) paragraphs 61 and 62 of Schedule 5 to the Housing Benefit Regulations,

the following paragraphs-

" In the case of a claimant participating in an employment zone programme, any discretionary payment made by an employment zone contractor to the claimant, being a fee, grant, loan or otherwise, but only for the period of 52 weeks from the date of receipt of the payment.

Any arrears of subsistence allowance paid as a lump sum but only for the period of 52 weeks from the date of receipt of the payment.".

Linking periods
     4.  - (1) In the Council Tax Benefit Regulations-

(a) in paragraph 11 of Schedule 1[11] (higher pensioner premium)-


(i) in both sub-paragraphs (1)(b)(ii) and (2)(b)(ii), for the words "council tax benefit and the disability premium was" there shall be substituted the words ", or was treated as being in receipt of, council tax benefit and the disability premium was or, as the case may be, would have been,";

(ii) in sub-paragraph (3), in both paragraphs (a) and (b), after the words " to be entitled to" there shall be inserted the words "or treated as entitled to";

(iii) after sub-paragraph (5) there shall be added the following sub-paragraph-

    " (6) For the purposes of this paragraph, a claimant shall be treated as having been entitled to and in receipt of council tax benefit throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to that benefit because, as a consequence of his participation in that programme, he failed to satisfy the condition in section 131(5) of the Contributions and Benefits Act 1992.";

(b) in paragraph 2(e) of Schedule 5A[12] (extended payments), after head (ii) there shall be added the following head-


" (iii) the claimant shall be treated as having been entitled to and in receipt of income support or a jobseeker's allowance during any period of less than five weeks in respect of which he was not entitled to either of those benefits because, as a consequence of his participation in an employment zone programme, he was engaged in remunerative work.".

    (2) In the Housing Benefit Regulations-

(a) in paragraph 10 of Schedule 2[13] (higher pensioner premium)-


(i) in both sub-paragraphs (1)(b)(ii) and (2)(b)(ii), for the words "housing benefit and the disability premium was" there shall be substituted the words ", or was treated as being in receipt of, housing benefit and the disability premium was or, as the case may be, would have been,";

(ii) in sub-paragraph (3), in both paragraphs (a) and (b), after the words " to be entitled to " there shall be inserted the words "or treated as entitled to";

(iii) after sub-paragraph (5) there shall be added the following sub-paragraph-

    " (6) For the purposes of this paragraph, a claimant shall be treated as having been entitled to and in receipt of housing benefit throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to that benefit because, as a consequence of his participation in that programme, he failed to satisfy the condition in section 130(1)(c) of the Contributions and Benefits Act.";

(b) in paragraph 2(e) of Schedule 5A[14] (extended payments), after head (ii) there shall be added the following head-


" (iii) the claimant shall be treated as having been entitled to and in receipt of income support or a jobseeker's allowance during any period of less than five weeks in respect of which he was not entitled to either of those benefits because, as a consequence of his participation in an employment zone programme, he was engaged in remunerative work.".

    (3) In the Income Support Regulations-

(a) at the end of paragraph 3 of Schedule 2[15] (applicable amounts: family premium) there shall be added the following sub-paragraph-

    " (7) For the purposes of this paragraph, a claimant shall be treated as having been entitled to income support throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to income support because, as a consequence of his participation in that programme, he was engaged in remunerative work or had income in excess of his applicable amount as prescribed in Part IV.";

(b) in paragraph 10 of Schedule 2[16] (higher pensioner premium)-


(i) in both sub-paragraphs (1)(b)(ii) and (2)(b)(ii), for the words "income support and the disability premium was" there shall be substituted the words ", or was treated as being in receipt of, income support and the disability premium was or, as the case may be, would have been,";

(ii) in sub-paragraph (3), in both paragraphs (a) and (b), after the words " to be entitled to" there shall be inserted the words "or treated as entitled to";

(iii) after sub-paragraph (4) there shall be added the following sub-paragraph-

    " (5) For the purposes of this paragraph, a claimant shall be treated as having been entitled to and in receipt of income support throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to income support because, as a consequence of his participation in that programme, he was engaged in remunerative work or had income in excess of his applicable amount as prescribed in Part IV.";

(c) in paragraph 14(3ZA) of Schedule 3[17] (housing costs: linking rules) in head (a), after "1996" there shall be inserted the words " or in an employment zone scheme".

    (4) In the Jobseeker's Allowance Regulations-

(a) after regulation 48(2)(f)[18] (linking periods) there shall be added the following sub-paragraph-


" (g) any period throughout which the claimant was participating in an employment zone programme and was not entitled to a jobseeker's allowance because, as a consequence of his participation in that programme, he was engaged in remunerative work or failed to satisfy the condition specified in section 2(1)(c) or in section 3(1)(a).";



(b) at the end of paragraph 4 of Schedule 1[19] (applicable amounts: family premium) there shall be added the following sub-paragraph-

    " (7) For the purposes of this paragraph, a claimant shall be treated as having been entitled to an income-based jobseeker's allowance throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to a jobseeker's allowance because, as a consequence of his participation in that programme, he was engaged in remunerative work or failed to satisfy the condition specified in section 2(1)(c) or in section 3(1)(a).";

(c) in paragraph 12 of Schedule 1[20] (higher pensioner premium)-


(i) in sub-paragraph (1)(a)(ii), for the words "and the disability premium was" there shall be substituted the words ", or was treated as being entitled to either of those benefits and the disability premium was or, as the case may be, would have been,";

(ii) in sub-paragraph (2), in both paragraphs (a) and (b), after the words "income-based jobseeker's allowance" there shall be inserted the words "or ceases to be treated as entitled to either of those benefits";

(iii) after sub-paragraph (3) there shall be added the following sub-paragraph-

    " (4) For the purposes of this paragraph, a claimant shall be treated as having been entitled to income support or to an income-based jobseeker's allowance throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to-


(a) income support because, as a consequence of his participation in that programme, he was engaged in remunerative work or had income in excess of the claimant's applicable amount as prescribed in Part IV of the Income Support Regulations; or

(b) a jobseeker's allowance because, as a consequence of his participation in that programme, he was engaged in remunerative work or failed to satisfy the condition specified in section 2(1)(c) or in section 3(1)(a).";



(d) in paragraph 13(3A) of Schedule 2[21] (housing costs: linking rules), in head (a), after the words "regulation 75(1)(a)(ii)"there shall be inserted the words "or in an employment zone programme".

Signed by authority of the Secretary of State for Social Security.


Angela Eagle
Parliamentary Under-Secretary of State, Department of Social Security

13th March 2000

[2] 1995 c.18; section 35(1) is an interpretation provision and is cited because of the meaning ascribed to the words "prescribed" and " regulations".back

[3] See section 176(1) of the Social Security Administration Act 1992 (c. 5).back

[4] 1999 c. 30.back

[5] See section 173(5)(b) of the Social Security Administration Act 1992 (c. 5).back

[6] S.I. 1992/1814.back

[7] S.I. 1987/1971.back

[8] S.I. 1987/1967.back

[9] S.I. 1996/207.back

[10] 1999 c. 30.back

[11] Paragraph 11(5) was inserted by S.I. 1998/2231.back

[12] Schedule 5A was added by S.I. 1996/194; paragraph 2(e) was substituted by S.I. 1996/1510.back

[13] Paragraph 10(5) was inserted by S.I. 1998/2231.back

[14] Schedule 5A was added by S.I. 1996/194; paragraph 2(e) was substituted by S.I. 1996/1510.back

[15] Paragraph 3 was substituted by S.I. 1998/766.back

[16] Paragraph 10(4) was inserted by S.I. 1998/2231.back

[17] Schedule 3 was substituted by S.I. 1995/1613; paragraph 14(3ZA) was inserted by S.I. 1997/2863.back

[18] Regulation 48(2)(f) was inserted by S.I. 1997/2863.back

[19] Paragraph 4 was substituted by S.I. 1998/766.back

[20] Paragraph 12(3) was inserted by S.I. 1998/2231.back

[21] Paragraph 13(3A) was inserted by S.I. 1997/2863.back