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Whereas a draft of this instrument was laid before Parliament in accordance with section 37(2) of the Jobseekers Act 1995[1] and approved by resolution of each House of Parliament; Whereas these Regulations are made with a view to ascertaining whether their provisions will, or will be likely to, encourage persons to obtain work or will, or will be likely to, facilitate the obtaining by persons of work[2]; Now, therefore, the Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 19(10)(c), 29(1) and (3), 35(1) and 36(2) and (4) of the Jobseekers Act 1995[3] and of all other powers enabling him in that behalf, after reference to the Social Security Advisory Committee[4], hereby makes the following Regulations: Citation, commencement and duration 1. - (1) These Regulations may be cited as the Social Security (Basic Skills Training Pilot) Regulations 2004 and shall come into force on 5th April 2004. (2) These Regulations shall cease to have effect on 4th April 2005 unless revoked with effect from an earlier date. Interpretation 2. - (1) In these Regulations -
(2) For the purpose of calculating the period of not less than six months referred to in regulation 3(2)(c) of these Regulations, a period of interruption to the receipt of benefit not exceeding 28 days, or any periods of such interruption which added together do not exceed a total of 28 days, shall be disregarded.
(b) who, on the day he so attends, is aged 18 years or over and less than 60; and (c) who has been receiving benefit for a period of not less than six months; and (d) in respect of whom the Secretary of State considers it appropriate that he should participate in basic skills training; and (e) who has been given or sent a notice in writing by an employment officer advising him that if he fails to participate in such training, his jobseeker's allowance could cease to be payable or could be payable at a lower rate.
(This note is not part of the Regulations) These Regulations establish a pilot scheme relating to persons who claim a jobseeker's allowance and who fulfil the criteria specified in regulation 3 as to age, period over which they have been receiving benefit and the location of appropriate offices at which they claim benefit, as identified in the Schedule to these Regulations. The pilot scheme is to last for a period of one year from 5th April 2004 to 4th April 2005 unless these Regulations are revoked with effect from an earlier date. The Regulations add to the list of training schemes in regulation 75 of the Jobseeker's Allowance Regulations 1996 (S.I. 1996/207) with the effect that if such a person without good cause refuses or fails to participate in the training scheme known as basic skills training, or gives up his place on such a scheme, he will be subject to a sanction under section 19 or 20A of the Jobseekers Act 1995 (c. 18) and regulation 69 of the Jobseeker's Allowance Regulations 1996. The effect of this will be the loss or reduction of his jobseeker's allowance for a period of two weeks or four weeks (regulation 3). The Report of the Social Security Advisory Committee dated 27th November 2003 on the proposals referred to them in respect of these Regulations, together with a statement showing the extent to which the proposals give effect to the Recommendations of the Committee, and in so far as they do not give effect to them, the reasons why not, are contained in Command Paper Cm. 6116 published by The Stationery Office Ltd. A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business. Notes: [1] 1995 c. 18.back [2] See section 29(8) of the Jobseekers Act 1995.back [3] Section 35(1) is an interpretation provision and is cited because of the meaning given to the words "prescribed" and "regulations". Sections 35(1) and 36(4) were amended by section 2 of, and paragraphs 62 and 63 respectively of Schedule 3 to, the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2).back [4] See section 172(1) of the Social Security Administration Act 1992 (c. 5); paragraph 67 of Schedule 2 to the Jobseekers Act 1995 added that Act to the list of "relevant enactments" in respect of which regulations must normally be referred to the Committee.back [5] S.I. 1975/556. Regulation 8A was inserted by S.I. 1996/2367; the relevant amending instruments are S.I. 2000/3120, 2001/518, 1711 and 2002/490.back [6] 1973 c. 50; section 2 was substituted by the Employment Act 1988 (c. 19), section 25(1).back [7] Section 20A was inserted by the Welfare Reform and Pensions Act 1999 (c. 30), section 59 and Schedule 7, paragraph 13.back [8] S.I. 1996/207; the relevant amending instruments are S.I. 1997/2863, 1998/1274, 2000/1978 and 2001/652.back [9] Regulation 23 was substituted by S.I. 2000/2194 and regulation 23A was inserted by S.I. 2000/1978.back
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