Statutory Instruments
2006 No. 962
SOCIAL SECURITY
The Employment Zones (Allocation to Contractors) Pilot Regulations 2006
Made
30th March 2006
Coming into force
24th April 2006
These Regulations are made in exercise of the powers conferred by sections 60(1) to (3) and (9) and 83(4), (6) and (9) of the Welfare Reform and Pensions Act 1999( 1 ) and sections 19(10)(c), 29(1), (3) and (5) and 36(2) and (4) of the Jobseekers Act 1995( 2 ).
These Regulations, so far as section 29(1) of the Jobseekers Act 1995 applies to them, 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( 3 ).
The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to it( 4 ).
A draft of this instrument was laid before Parliament in accordance with section 37(2) of the Jobseekers Act 1995 and approved by a resolution of each House of Parliament.
Accordingly the Secretary of State for Work and Pensions makes the following Regulations:
Citation, commencement and duration
1. —(1) These Regulations may be cited as the Employment Zones (Allocation to Contractors) Pilot Regulations 2006 and shall come into force on 24th April 2006.
(2) These Regulations shall cease to have effect on 23rd April 2007 unless revoked with effect from an earlier date.
Interpretation
2. —(1) In these Regulations—
“the 1995 Act” means the Jobseekers Act 1995( 5 );
“the 1999 Act” means the Welfare Reform and Pensions Act 1999( 6 );
“claimant” means a claimant for a jobseeker’s allowance( 7 );
“employment officer” means an officer of the Secretary of State or such other person as may be designated for the purposes of sections 8 and 19 of the 1995 Act by an order made by the Secretary of State;
“employment zone” means an area within Great Britain listed in the Schedule as an area designated by the Secretary of State pursuant to section 60 of the 1999 Act as an area in which an employment zone programme subject to these Regulations is established;
“employment zone contractor” means a person who is providing an employment zone programme on behalf of the Secretary of State;
“employment zone programme” means a programme which is designed to assist claimants to obtain sustainable employment and which is established by the Secretary of State pursuant to section 60 of the 1999 Act for an employment zone;
“Employment Zones Regulations” means the Employment Zones Regulations 2003( 8 ), the Employment Zones (Allocation to Contractors) Pilot Regulations 2004( 9 ) or the Employment Zones (Allocation to Contractors) Pilot Regulations 2005( 10 );
“New Deal for Young People programme” means a programme provided in pursuance of arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973( 11 ) and specified in regulation 75(1)(a)(i)(bb) (Gateway to Work), 75(1)(a)(ii) (the Self-Employed Employment Option, the Voluntary Sector Option or the Environment Task Force Option of New Deal) or 75(1)(b)(ii) (the Full-Time Education and Training Option of New Deal) of the Jobseeker’s Allowance Regulations 1996( 12 ).
(2) An employment programme for the purposes of section 19(5) of the 1995 Act( 13 ) includes an employment zone programme in which a claimant is required to participate under regulation 3, 4, 5 or 9 of these Regulations.
Referral to an employment zone programme
3. —(1) An employment officer may, on a sampling basis, select a claimant who is aged 25 years or over to participate in an employment zone programme with a particular employment zone contractor where—
(a) the claimant is ordinarily resident within an employment zone or his address for payment of his jobseeker’s allowance is located within an employment zone; and
(b) in the period immediately preceding the date on which the selection is made the claimant—
(i) was entitled to a jobseeker’s allowance for a continuous period of at least 18 months;
(ii) was entitled to a jobseeker’s allowance for a cumulative total of at least 18 months out of the previous 21 months; or
(iii) had participated in an employment zone programme pursuant to the Employment Zones Regulations or these Regulations in the previous twelve months but did not complete the programme.
(2) An employment officer may, on a sampling basis, select a claimant who is aged 18 years or over but less than 25 years to participate in an employment zone programme with a particular employment zone contractor where—
(a) the claimant is ordinarily resident within an employment zone or his address for payment of his jobseeker’s allowance is located within an employment zone; and
(b) in the period immediately preceding the date on which the selection is made the claimant—
(i) was entitled to a jobseeker’s allowance for a continuous period of at least six months after participating in a New Deal for Young People programme or an employment zone programme pursuant to the Employment Zones Regulations or these Regulations;
(ii) was entitled to a jobseeker’s allowance for a cumulative period of at least six months after participating in a New Deal for Young People programme or an employment zone programme pursuant to the Employment Zones Regulations or these Regulations without any break in that period of entitlement exceeding a period of 28 days in total; or
(iii) had participated in an employment zone programme pursuant to the Employment Zones Regulations or these Regulations in the previous twelve months but did not complete the programme.
(3) The employment officer shall notify the claimant in writing that he is required to participate in the employment zone programme provided by that employment zone contractor.
(4) A claimant to whom paragraph (1)(b)(iii) or (2)(b)(iii) applies shall be treated as having completed so much of an employment zone programme for the purposes of regulations 6 and 7 as is equal to the period of his previous participation in the employment zone programme.
Early entry to an employment zone programme
4. —(1) An employment officer may, on a sampling basis, select a claimant who is aged 25 years or over to participate in an employment zone programme with a particular employment zone contractor where—
(a) the claimant has asked to participate in an employment zone programme;
(b) his personal circumstances place him at a significant disadvantage in obtaining employment; and
(c) he is ordinarily resident within an employment zone or his address for payment of his jobseeker’s allowance is located within an employment zone.
(2) An employment officer may, on a sampling basis, select a claimant who is aged 18 years or over but less than 25 years to participate in an employment zone programme with a particular employment zone contractor where—
(a) the claimant has asked to participate in an employment zone programme;
(b) his personal circumstances place him at a significant disadvantage in obtaining employment;
(c) he has participated in a New Deal for Young People programme; and
(d) he is ordinarily resident within an employment zone or his address for payment of his jobseeker’s allowance is located within an employment zone.
(3) The employment officer shall notify the claimant in writing that he is required to participate in the employment zone programme provided by that employment zone contractor.
Requirement to complete an employment zone programme
5. —(1) This regulation applies where a claimant—
(a) has participated in an employment zone programme under the Employment Zones Regulations or these Regulations in the twelve months immediately preceding the date on which he is notified by an employment officer that he is required to complete an employment zone programme;
(b) he is ordinarily resident within an employment zone or his address for payment of his jobseeker’s allowance is located within an employment zone;
(c) he did not complete the previous employment zone programme; and
(d) the same employment zone contractor provides an employment zone programme in the employment zone.
(2) Where this regulation applies, an employment officer may notify the claimant that he is required to attend and complete an employment zone programme with the same employment zone contractor.
(3) That claimant shall be treated as having completed so much of an employment zone programme for the purposes of regulations 6 and 7 as is equal to the period of his previous participation in the employment zone programme.
Stages of an employment zone programme
6. —(1) An employment zone programme shall consist of two stages—
(a) the first stage shall last for a maximum period of 28 days excluding any public holidays;
(b) the second stage shall last for a maximum period of 26 weeks.
(2) A claimant begins to participate in the first stage of an employment zone programme on the day when he attends an initial interview with a programme adviser following a written notification of his selection for participation given under regulation 3 or 4.
(3) A claimant shall cease to participate in the first stage on the day specified by an employment officer in a written notification to the claimant.
(4) A claimant begins to participate in the second stage of an employment zone programme on the day specified by an employment officer in a written notification to the claimant.
(5) A claimant shall cease to participate in the second stage on the day specified by an employment officer in a written notification to the claimant.
(6) In this regulation—
“public holiday” means Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971( 14 ) in any part of Great Britain;
“programme adviser” means an employment officer designated by the Secretary of State as an employment zone programme adviser.
Suspension of the requirements of the Jobseekers Act 1995
7. —(1) During the claimant’s participation in the first stage of an employment zone programme the condition for receipt of a jobseeker’s allowance specified in section 1(2)(b) of the 1995 Act that the claimant has entered into a jobseeker’s agreement which remains in force is suspended.
(2) During the claimant’s participation in the second stage of an employment zone programme the conditions for receipt of a jobseeker’s allowance specified in section 1(2) of the 1995 Act shall apply with the suspension of the conditions in section 1(2)(a) to (c) of that Act that the claimant—
(a) is available for employment;
(b) has entered into a jobseeker’s agreement which remains in force; and
(c) is actively seeking employment.
Amendment of the Jobseeker’s Allowance Regulations 1996
8. —(1) In the case of a person who is selected to participate in an employment zone programme with a particular employment zone contractor under regulation 3 or 4 or who is required to attend and complete an employment zone programme under regulation 5, regulation 75(1)(a)(iii) of the Jobseeker’s Allowance Regulations 1996 shall apply with the addition of the words “, or the Employment Zones (Allocation to Contractors) Pilot Regulations 2006” after the words “the Social Security (Working Neighbourhoods) Regulations 2004”( 15 ).
(2) Where the Secretary of State is satisfied that a person to whom paragraph (1) would otherwise apply is neither—
(a) ordinarily resident within an employment zone, nor
(b) someone whose address for payment of his jobseeker’s allowance is within an employment zone,
then any relevant sanction incurred by that person shall end and these Regulations shall cease to apply.
(3) However, where that person asks to complete an employment zone programme in which he is participating, these Regulations, other than paragraph (1) of this regulation, shall continue to apply.
(4) In paragraph (2) “relevant sanction” means a sanction incurred by that person under section 19 or 20A( 16 ) of the 1995 Act as a result of his refusing or failing to participate in, or giving up a place on an employment zone programme as specified in regulation 75(1)(a)(iii) of the Jobseeker’s Allowance Regulations 1996 (as modified by paragraph (1)).
Transitional Arrangements
9. —(1) This regulation applies to a claimant—
(a) who—
(i) was selected to participate in an employment zone programme under regulation 3 or 4 of the Employment Zones (Allocation to Contractors) Pilot Regulations 2005( 17 ) before the 24th April 2006; or
(ii) was required by virtue of regulation 8 of those Regulations, to participate in an employment zone programme; and
(b) who has not completed the employment zone programme before those Regulations expired.
(2) The references to regulation 3 or 4 in regulation 6(2) and 8(1) of these Regulations shall be read in relation to a claimant to whom this regulation applies as references to regulation 3 or 4 of the Employment Zones (Allocation to Contractors) Pilot Regulations 2004( 18 ) or, as the case may be, the Employment Zones (Allocation to Contractors) Pilot Regulations 2005.
(3) A claimant to whom this regulation applies shall be treated as completing so much of an employment zone programme for the purposes of regulations 6 and 7 as is equal to the period of his participation in the employment zone programme under the Employment Zones (Allocation to Contractors) Pilot Regulations 2005.
Signed by authority of the Secretary of State for Work and Pensions.
Margaret Hodge
Minister of State,
Department for Work and Pensions
30th March 2006
Regulation 2
SCHEDULE AREAS DESIGNATED BY THE SECRETARY OF STATE
The Birmingham Employment Zone
1. The area designated as the Birmingham Employment Zone consists of:
the following wards within the City of Birmingham:
Acocks Green, Aston, Bordesley Green, Edgbaston, Handsworth Wood, Harborne, Hodge Hill, Kingstanding, Ladywood, Lozells and East Handsworth, Nechells, Oscott, Perry Barr, Quinton, Shard End, Sheldon, Soho, South Yardley, Stechford and Yardley North, Stockland Green, Tyburn, Washwood Heath;
the ward of Bartley Green except the following postcodes:
B29 4HD B29 4HE B29 5RN B29 5RP B29 5RR B29 5RS B29 5RT B29 5RU B29 5TY B29 5UA B29 5UF B29 5UG B29 5UT B29 5UW B29 5UY B29 5XA B29 5XB B29 5XD B29 5XE B29 5XG B29 5XP B29 5XR B29 5XS B29 5XY B29 5XZ B29 5ZE B31 1DE B31 1DF B31 1DR B31 1DS B31 1DT B31 1DW B31 1DX B31 1DZ B31 1EF B31 1EP B31 1ER B31 1ES B31 1ET B31 1EU B31 1EW B31 1EX B31 1EY B31 1EZ B31 1HA B31 1HB B31 1HD B31 1HF B31 1HG B31 1HY B31 1PN B31 1TT B32 3DU B32 3DX B32 3DY B32 3DZ B32 3EA B32 3XL the ward of Erdington except the following postcodes:
B23 5JX B23 5JY B23 5LB B23 5LD B23 5QQ B23 5QY B24 0HD B72 1AG B72 1AJ B73 5JR the ward of Sparkbrook except the following postcodes:
B12 9LX B12 9LY B12 9LZ B12 9NA B12 9NB B12 9ND B12 9NE B12 9NG B12 9NH B12 9NJ B12 9NL B12 9NN B12 9NQ B12 9NR B12 9NS B12 9NT B12 9NU B12 9NW B12 9NX B12 9PE B12 9PG B12 9PH B12 9PL B12 9PN B12 9PQ B12 9PR B12 9PS B12 9PT B12 9PU B12 9PW B12 9PX B12 9PY B12 9QA B12 9QB B12 9QD B12 9QE B12 9QF B12 9RN B12 9RP B12 9RR B12 9RS B12 9RW B12 9SE B12 9ZA the ward of Springfield except the following postcodes:
B13 0AG B13 0AH B13 0AJ B13 0AL B13 0AN B13 0AP B13 0AQ B13 0AR B13 0AS B13 0AT B13 0AU B13 0AW B13 0AX B13 0AY B13 0BA B13 0BB B13 0BG B13 0BH B13 0BJ B13 0BL B13 0BN B13 0TA B13 0TB B13 0TF B13 0TG B13 0TH B13 0TJ B13 0TQ B13 0TT B13 0TU B13 0TX B13 0TY B13 0UA B13 0UB B13 9JN B13 9JP B13 9JQ B13 9JR B13 9JS B13 9JW B13 9JX B13 9LE B13 9LF B13 9LG B13 9LQ B13 9LS B13 9LT B13 9LU B13 9LX B13 9LY B13 9LZ B13 9NA B13 9ND B13 9NG B13 9NH B13 9NJ B13 9NL B13 9NN B13 9NR B13 9NS B13 9NT B13 9NU B13 9NX B13 9PX B13 9PY B13 9PZ B13 9QD B13 9QE B13 9QF B13 9QG B13 9QH B13 9QJ B13 9QL B13 9QN B13 9QP B13 9QR B13 9QW B13 9XA B13 9XB B13 9XD B13 9XE B13 9XG B13 9XH B13 9XJ B13 9XL B13 9YD B13 9YE B13 9YF B13 9YP B13 9YQ B13 9YR B13 9YS the following postcodes within the ward of Moseley and Kings Heath:
B12 8QD B12 9AA B13 8AT B13 8AY B13 8AZ B13 8BA B13 8BB B13 8BD B13 8BE B13 8BH B13 8BJ B13 8BL B13 8BN B13 8BQ B13 8BS B13 8BT B13 8BU B13 8BW B13 8BX B13 8DG B13 8DQ B13 8ED B13 8EE B13 8EF B13 8EG B13 8EH B13 8EJ B13 8EL B13 8EN B13 8HR B13 8HS B13 8HT B13 8HW B13 9AA B13 9AB B13 9AD B13 9AE B13 9AF B13 9AG B13 9AH B13 9AJ B13 9AN B13 9AP B13 9AR B13 9AS B13 9AU B13 9AW B13 9AX B13 9AY B13 9BA B13 9BE B13 9BN B13 9BP B13 9BS B13 9BT B13 9BU B13 9BX B13 9BY B13 9BZ B13 9DA B13 9DB B13 9DE B13 9DF B13 9DH B13 9DL B13 9DN B13 9DP B13 9DQ B13 9DS B13 9DT B13 9DU B13 9DX B13 9DY B13 9DZ B13 9EA B13 9EB B13 9ED B13 9EX B13 9FE B13 9FF B13 9HB B13 9HD B13 9HE B13 9HF B13 9HH B13 9HJ B13 9HL B13 9HN B13 9HP B13 9HR B13 9HS B13 9HT B13 9HU B13 9JF B13 9JG B13 9JT B13 9XN B13 9XP B13 9XR B13 9XS B13 9XT B13 9XU B13 9XW B13 9XX B13 9XY B13 9XZ B13 9YA B13 9YB B13 9YJ B13 9YL B13 9YN B13 9YW the following postcodes within the ward of Selly Oak:
B29 5SL B29 6SS B29 6ST B29 6SU B29 6SX B29 6SY B29 6TA B29 6TB B29 6TD B29 6TE B29 6TF B29 6TG B29 6TR B29 6TS
The Brent and Haringey Employment Zone
2. The area designated as the Brent and Haringey Employment Zone consists of:
all the wards within the London Borough of Brent;
all the wards within the London Borough of Haringey;
the following areas within the London Borough of Camden:
those areas within the wards of Fortune Green, West Hampstead or Kilburn with a postcode beginning NW6;
the following areas within the London Borough of Westminster:
those areas within the wards of Queen’s Park, Harrow Road, Maida Vale, Little Venice, Abbey Road or Westbourne with a postcode beginning NW6, W9 2 or W9 3.
The Glasgow Employment Zone
3. The area designated as the Glasgow Employment Zone consists of all the wards within Glasgow City.
The Liverpool and Sefton Employment Zone
4. The area designated as the Liverpool and Sefton Employment Zone consists of:
all the wards within the City of Liverpool;
the following wards within the Borough of Sefton:
Church, Derby, Ford, Linacre, Litherland, Netherton and Orrell, St Oswald;
the ward of Victoria except the following postcodes:
L23 2RA L23 2RB L23 2RD L23 2RE L23 2RJ L23 2RL L23 2RN L23 2RP L23 2RR L23 2RS L23 2RT L23 2RU L23 2RY L23 2RZ L23 2UF L23 2UL L23 2UP L23 2UQ L23 2UR L23 2US L23 2UT L23 2UU L23 2UX L23 2UY L23 2UZ L23 2WZ L23 2XA L23 2XH L23 2XN L23 9TD L23 9TH L23 9TJ
the following postcodes within the ward of Manor:
| L23 0SG | L23 0SN | L23 0SQ | L23 0TF | L23 0TH | L23 9SR |
| L30 0RG | L30 0RL |
The Southwark Employment Zone
5. The area designated as the Southwark Employment Zone consists of:
all the wards within the London Borough of Southwark;
the following area within the London Borough of Lewisham:
the area within the ward of Evelyn with the postcode SE8 5EQ.
The Tower Hamlets and Newham Employment Zone
6. The area designated as the Tower Hamlets and Newham Employment Zone consists of:
all the wards within the London Borough of Tower Hamlets;
the following wards within the London Borough of Newham:
Royal Docks, Stratford and New Town, Forest Gate North, Forest Gate South, Green Street West, West Ham, Plaistow North, Plaistow South, Canning Town North, Canning Town South, Custom House.
1999 c. 30 ; subsection (9) is an interpretation provision cited for the meaning given to the words “employment” and “prescribed”.
See section 29(8) of the Jobseekers Act 1995.
See sections 170 and 173(1)(b) of the Social Security Administration Act 1992; section 41(4) of and Schedule 2 (paragraph 67(a)) to the Jobseekers Act 1995 inserted the provisions of the Jobseekers Act 1995 into the list of “relevant enactments” in respect of which regulations must normally be referred to the Committee; section 84(1) of and Schedule 12 Part II (paragraphs 79 and 81(a)) to the Welfare Reform and Pensions Act 1999 added section 60 of that Act to that list.
Jobseeker’s allowance is a social security benefit paid in accordance with the provisions of the Jobseekers Act 1995 and the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207 ) as amended.
S.I. 2004/934 .
S.I. 2005/1125 .
1973 c. 50 ; section 2 was substituted by section 25(1) of the Employment Act 1988 (c. 19) .
S.I. 1996/207 as amended.
Section 19(5) of the Jobseekers Act 1995 provides grounds for precluding payment of a jobseeker’s allowance for a claimant’s refusal of an employment programme opportunity without good cause.
S.I. 1996/207 . The definition of an employment zone in regulation 75(1)(a)(iii) of the Jobseeker’s Allowance Regulations 1996 was inserted by regulation 6 of the Employment Zones Regulations 2003 (S.I. 2003/2438 ) and amended by the Social Security (Working Neighbourhoods) Regulations 2004 (S.I. 2004/959 ).
Section 20A was inserted by section 59 of and Schedule 7 to the Welfare Reform and Pensions Act 1999.
S.I. 2005/1125 . The Regulations expire on 24th April 2006.
S.I. 2004/934 .