PART 1 GENERAL

Citation, commencement and duration

1. —(1) These Regulations may be cited as the Jobseeker’s Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010.

(2) They come into force on 22nd November 2010.

(3) They cease to have effect on 21st November 2013.

Interpretation

2. In these Regulations—

“appropriate consequence” means the consequence referred to in section 17A(6) or (7) (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc. ) of the Act;

“claimant” means a person who claims a jobseeker’s allowance, except that in relation to a joint-claim couple claiming a joint-claim jobseeker’s allowance, it means either or both of the members of the couple;

“the Council Tax Benefit Regulations” means the Council Tax Benefit Regulations 2006( 8 );

“the Flexible New Deal” means the employment programme specified in regulation 75(1)(a)(v) (interpretation) of the Jobseeker’s Allowance Regulations( 9 );

“the Housing Benefit Regulations” means the Housing Benefit Regulations 2006( 10 );

“the Housing Renewal Grants Regulations” means the Housing Renewal Grants Regulations 1996( 11 );

“the Act” means the Jobseekers Act 1995;

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996( 12 );

“pilot area” means any of the following Jobcentre Plus districts—

“Scheme” means the Work for Your Benefit Pilot Scheme;

“Work for Your Benefit Pilot Scheme” means a scheme within section 17A(1) (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc.) of the Act known by that name and provided pursuant to arrangements made by the Secretary of State that is designed to assist claimants to obtain employment, including self-employment, and which includes for any individual work experience and job search.

PART 2 SELECTION FOR AND PARTICIPATION IN THE WORK FOR YOUR BENEFIT PILOT SCHEME

Selection on sampling basis for participation in the Scheme

3. —(1) An officer of the Secretary of State may select a claimant (“C”) on a sampling basis for participation in the Scheme if the following conditions are met.

(2) The first condition is that C is aged at least 18.

(3) The second condition is that C is ordinarily resident in a pilot area or the address for payment of C’s jobseeker’s allowance is located within such an area.

(4) The third condition is that C has participated in the Flexible New Deal for a total of at least 12 months.

(5) The fourth condition is that C has not already completed 26 weeks’ participation in the Scheme.

Selection for early entry to the Scheme

4. —(1) An officer of the Secretary of State may select a claimant (“C”) otherwise than on a sampling basis for participation in the Scheme if the following conditions are met.

(2) The first condition is that C is aged at least 18.

(3) The second condition is that C is ordinarily resident in a pilot area or the address for payment of C’s jobseeker’s allowance is located within such an area.

(4) The third condition is that C is not a lone parent within the meaning of regulation 1(3) (citation, commencement and interpretation) of the Jobseeker’s Allowance Regulations.

(5) The fourth condition is that C has been in receipt of a jobseeker’s allowance for a total of at least 6 months but less than 12 months.

Requirement to participate in the Scheme and notification

5. —(1) Subject to regulation 6, a claimant (“C”) selected in accordance with regulation 3 or 4 is required to participate in the Scheme where C is given or sent a notice in writing by an officer of the Secretary of State stating that C is required to do so.

(2) Subject to regulation 6, C is required to participate in the Scheme for a total of 26 weeks, beginning with the day specified in the notice.

(3) The notice must specify that if C fails to participate in the Scheme, C’s jobseeker’s allowance could cease to be payable or could be payable at a lower rate.

(4) Where C participated in the Scheme on a previous occasion for less than 26 weeks, C is to be treated as having completed so much of the Scheme as is equal to the period of C’s previous participation.

Circumstances in which requirement to participate in the Scheme does not apply or ceases to apply

6. —(1) A claimant who is not (apart from these Regulations) required to meet the jobseeking conditions is not required to participate in the Scheme( 17 ).

(2) A requirement to participate in the Scheme ceases to apply to a person (“P”) where—

(a) the Secretary of State is satisfied that P no longer resides in a pilot area or the address for payment of P’s jobseeker’s allowance is no longer within such an area;

(b) P ceases to be entitled to a jobseeker’s allowance on or after the first day on which P was required to participate in the Scheme and 13 or more weeks have elapsed beginning with the relevant day applicable in P’s case and ending with the day on which P again becomes entitled to a jobseeker’s allowance; or

(c) the Secretary of State decides for other reasons that P is no longer required to participate in the Scheme.

(3) The Secretary of State must notify P in writing that P is no longer required to participate in the Scheme.

(4) The requirement ceases to apply on the day specified by the Secretary of State in the notification.

(5) In paragraph (2), the “relevant day” means—

(a) the last day on which P participated in the Scheme, or

(b) if P failed to participate in the Scheme, the first day on which P was due to participate.

PART 3 SANCTIONS

Failure to participate in the Scheme

7. —(1) A person (“P”) is to be regarded as having failed to comply with these Regulations where P—

(a) refused or failed to accept or take up a place on the Scheme notified to P by an officer of the Secretary of State;

(b) gave up a place on the Scheme;

(c) lost a place on the Scheme as the result of misconduct;

(d) failed to attend at a place or time notified to P by a Scheme provider;

(e) failed to provide answers to questions asked by a Scheme provider and appropriate information about—

(i) P’s educational qualifications;

(ii) P’s employment history;

(iii) any vocational training P has undertaken;

(iv) any skills or experience P has acquired which fit P for employment or self-employment;

(v) the steps taken by P to obtain employment or to improve P’s chances of obtaining employment;

(vi) P’s aspirations for future employment or self-employment; and

(vii) P’s work-related abilities;

(f) refused or failed to participate in a work experience placement of which P was notified by a Scheme provider;

(g) refused or failed to participate in arrangements made by a Scheme provider to assist participants with job search; or

(h) refused or failed to carry out a reasonable instruction given to P by a Scheme provider with a view to assisting P to obtain employment.

(2) In this regulation—

“Scheme” includes any element of the Scheme provided in connection with arrangements made by the Secretary of State in accordance with section 17B(1) (section 17A: supplemental) of the Act;

“Scheme provider” means a person with whom the Secretary of State has made arrangements in relation to P in accordance with that section or who is providing facilities( 18 ) in relation to P under the arrangements.

Consequences of failure to participate in the Scheme

8. —(1) Subject to paragraph (2), the appropriate consequence follows where—

(a) the Secretary of State determines that a person (“P”) has failed to comply with these Regulations, and

(b) P has not shown good cause for the failure within the period prescribed in regulation 9.

(2) The appropriate consequence does not follow where P brings facts to the notice of the Secretary of State within one month of the date on which the Secretary of State notifies P of the failure and—

(a) those facts could not reasonably have been brought to the Secretary of State’s notice within the period prescribed in regulation 9; and

(b) those facts show that P had good cause for the failure.

(3) Subject to paragraph (10), the prescribed period for the purposes of section 17A(6) and (7) of the Act (“the prescribed period for section 17A(6) and (7)”) is set out in paragraphs (4) to (7).

(4) The prescribed period for section 17A(6) and (7) is 2 weeks in a case which does not fall within paragraph (5), (6) or (7).

(5) It is 4 weeks where—

(a) on a previous occasion the Secretary of State determined that a jobseeker’s allowance was not payable or was payable at a lower rate because P failed without good cause to comply with these Regulations; and

(b) the period beginning with the first date on which P’s jobseeker’s allowance was not payable or was payable at a lower rate on that previous occasion and ending with the determination mentioned in paragraph (1) is no more than 12 months.

(6) Subject to paragraph (7), it is 26 weeks where—

(a) the Secretary of State determined that a jobseeker’s allowance was not payable or was payable at a lower rate on two or more previous occasions;

(b) the period beginning with the date of the determination mentioned in paragraph (1) and ending with the first date on which P’s jobseeker’s allowance was not payable or was payable at a lower rate as the result of the determination that most recently preceded it is no more than 12 months; and

(c) each determination mentioned in sub-paragraph (a) and the preceding determination mentioned in sub-paragraph (b) relate to a failure by P without good cause to comply with these Regulations.

(7) Where the Secretary of State is satisfied that the claimant has complied with the condition in paragraph (8), paragraph (6) applies as if the reference to 26 weeks were a reference to either—

(a) 4 weeks, or

(b) the period beginning with the day when the prescribed period specified in paragraph (11) begins and ending with the last day of the benefit week in which the claimant complies with the condition,

whichever is the longer.

(8) The condition is that, after the date on which the determination mentioned in paragraph (1) is made, the claimant agrees in writing to comply with the requirement to which the determination relates.

(9) Paragraph (10) applies where the Secretary of State notifies P in writing that P is no longer required to participate in the Scheme with effect from a day specified in the notice which falls within a period prescribed by paragraph (4), (5) or (6).

(10) Where this paragraph applies, the prescribed period for section 17A(6) and (7) is—

(a) one week, or

(b) the period beginning with the day when the period specified in paragraph (11) begins and ending with the last day of the benefit week in which the requirement ceases to apply,

whichever is the longer.

(11) The prescribed period for section 17A(6) and (7) begins—

(a) where, in accordance with regulation 26A(1) of the Social Security (Claims and Payments) Regulations 1987( 19 ), a jobseeker’s allowance is paid otherwise than fortnightly in arrears, on the day following the end of the last benefit week in respect of which that allowance was paid; and

(b) in any other case, on the first day of the benefit week following the date on which a jobseeker’s allowance is determined not to be payable or to be payable at a lower rate.

(12) In this regulation “benefit week” has the same meaning as in regulation 1(3)( 20 ) of the Jobseeker’s Allowance Regulations.

Good cause

9. —(1) The period prescribed for the purposes of section 17A(5)(d) of the Act (within which the appropriate consequence follows unless a person (“P”) shows good cause for a failure to comply with these Regulations) is 5 working days.

(2) That period begins with the day on which the Secretary of State notifies P of the failure.

(3) The notification must be in writing.

(4)Regulation 73 (good cause for the purposes of section 19(5)(b) of the Jobseeker’s Allowance Regulations)( 21 ) applies for the purposes of these Regulations as it applies for the purposes of sections 19(5)(b) and 20A(2)(b) of that Act but as if the references to an employment programme were to the Scheme.

(5) In this regulation, “working day” means any day except for a Saturday, Sunday, Christmas Day, Good Friday or bank holiday under the Banking and Financial Dealings Act 1971 in England ( 22 ).

PART 4 HARDSHIP

Hardship

10. —(1) This paragraph applies to a person (“P”) if P is a person in hardship within the meaning of regulation 140(1) (meaning of “person in hardship”)( 23 ) of the Jobseeker’s Allowance Regulations.

(2)Regulations 140, 141 and 143 to 146 of the Jobseeker’s Allowance Regulations have effect in relation to a person to whom paragraph (1) applies subject to the following modifications.

(3)Regulation 140 has effect as if—

(a) in paragraph (2) “, (4A), (4B) or (4C)” were substituted for “or (4A) or (4B)”;

(b) after paragraph (4B) there were inserted—

“ (4C) In paragraph (2), a “person in hardship” does not include a claimant who is required at that time to participate in the Work for Your Benefit Pilot Scheme. ” .

(4)Regulation 141(6) (circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship)( 24 ) has effect as if “regulations made under section 17A (“work for your benefit” schemes etc.) or ” were inserted after “even though”.

Hardship for joint-claim couples

11. —(1) This paragraph applies to a joint-claim couple if they are a couple in hardship within the meaning of regulation 146A(1) (meaning of “couple in hardship”)( 25 ) of the Jobseeker’s Allowance Regulations.

(2)Regulations 146A, 146C and 146E to 146H of the Jobseeker’s Allowance Regulations have effect in relation to a couple to whom paragraph (1) applies subject to the following modifications.

(3)Regulation 146A has effect as if—

(a) in paragraph (2) “, (5A) or (5B)” were substituted for “or (5A)”;

(b) after paragraph (5A) there were inserted—

“ (5B) In paragraph (2), a “couple in hardship” does not include a joint-claim couple either or both of whom are at that time required to participate in the Work for Your Benefit Pilot Scheme). ” .

PART 5 JOBSEEKING CONDITIONS

Jobseeking conditions

12. —(1) A claimant who is participating in the Scheme (whether or not pursuant to a requirement imposed by these Regulations) is to be treated as meeting the condition set out in section 1(2)(c) (the jobseeker’s allowance)( 26 ) of the Act in any week during which the person is undertaking work experience as part of the Scheme.

(2)Regulation 5 (exceptions to requirement to be available immediately: carers, voluntary workers, persons providing a service and persons under an obligation to provide notice)( 27 ) of the Jobseeker’s Allowance Regulations has effect in relation to a person participating in the Scheme (whether or not pursuant to a requirement imposed by these Regulations) as if—

(a) in the heading the words “participants in the Work for Your Benefit Pilot Scheme, ” were inserted after “workers,”;

(b) in paragraph (1)(b) the words “or who is participating in the Work for Your Benefit Pilot Scheme” were inserted after “voluntary work”;

(c) in paragraph (2) the words “or who is participating in the Work for Your Benefit Pilot Scheme” were inserted after “caring responsibilities”.

PART 6 CONSEQUENTIAL MODIFICATIONS

Definitions

13. —(1) Paragraph (2) applies to the following provisions (which relate to interpretation)—

(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 Housing Renewal Grants Regulations;

(d) regulation 1(3) of the Jobseeker’s Allowance Regulations( 28 ).

(2) Each of the provisions to which this paragraph applies has effect as if the following definition were inserted in the appropriate place—

“ “the Work for Your Benefit Pilot Scheme” means a scheme within section 17A(1) of the Jobseekers Act 1995 known by that name and provided pursuant to arrangements made by the Secretary of State that is designed to assist claimants to obtain employment, including self-employment, and which includes for any individual work experience and job search; ” .

(3) The definition of “the self-employment route” in each of the provisions mentioned in paragraph (1)(a), (b) and (d) above has effect as if—

(a) at the end of sub-paragraph (a) “or” were omitted; and

(b) at the end of sub-paragraph (b) “; or” and the following sub-paragraph were inserted—

“ (c) the Work for Your Benefit Pilot Scheme; ” .

(4) The definition of “self-employment route” in the provision mentioned in paragraph (1)(c) above has effect as if —

(a) in head (iii) “or” were omitted; and

(b) at the end of head (iv) “; or” and the following head were inserted—

“ (v) the Work for Your Benefit Pilot Scheme; ” .

Notional income

14. —(1) This regulation applies to the following provisions (which relate to notional income)—

(a) regulation 32(7) of the Council Tax Benefit Regulations( 29 );

(b) regulation 42(7) of the Housing Benefit Regulations( 30 );

(c) regulation 31(9A) of the Housing Renewal Grants Regulations( 31 );

(d) regulation 105(10A) of the Jobseeker’s Allowance Regulations( 32 ).

(2) Each of the provisions to which this regulation applies has effect as if the following sub-paragraph were inserted after sub-paragraph (c)—

“ (ca) in respect of a person’s participation in the Work for Your Benefit Pilot Scheme; ” .

Notional capital

15. —(1) This regulation applies to the following provisions (which relate to notional capital)—

(a) regulation 39(4) of the Council Tax Benefit Regulations( 33 );

(b) regulation 49(4) of the Housing Benefit Regulations( 34 );

(c) regulation 38(3A) of the Housing Renewal Grants Regulations( 35 );

(d) regulation 113(3A) of the Jobseeker’s Allowance Regulations( 36 ).

(2) Each of the provisions to which this regulation applies has effect as if the following sub-paragraph were inserted after sub-paragraph (b)—

“ (ba) in respect of a person’s participation in the Work for Your Benefit Pilot Scheme; ” .

Income to be disregarded

16. —(1) This regulation applies to the following Schedules (which relate to sums to be disregarded in the calculation of income other than earnings)—

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

(b) Schedule 5 to the Housing Benefit Regulations;

(c) Schedule 3 to the Housing Renewal Grants Regulations;

(d) Schedule 7 to the Jobseeker’s Allowance Regulations.

(2) Each Schedule to which this regulation applies has effect as if the following paragraph were inserted at the beginning—

“ A1. Any payment made to the claimant in respect of any child care, travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Work for Your Benefit Pilot Scheme. ” .

Capital to be disregarded

17. —(1) This regulation applies to the following Schedules (which relate to capital to be disregarded)—

(a) Schedule 5 to the Council Tax Benefit Regulations;

(b) Schedule 6 to the Housing Benefit Regulations;

(c) Schedule 4 to the Housing Renewal Grants Regulations;

(d) Schedule 8 to the Jobseeker’s Allowance Regulations.

(2) Each Schedule to which this regulation applies has effect as if the following paragraph were inserted at the beginning—

“ A1. Any payment made to the claimant in respect of any child care, travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Work for Your Benefit Scheme but only for 52 weeks beginning with the date of receipt of the payment. ” .

Further modifications of the Jobseeker’s Allowance Regulations

18. The Jobseeker’s Allowance Regulations have effect as if—

(a) in the definition of “relevant notification” in regulation 25(1A) (entitlement ceasing on a failure to comply)( 37 ), the words “or under the Work for Your Benefit Pilot Scheme” were added after “scheme”;

(b) in regulation 47(4)(b)(ii) (jobseeking period)( 38 ) the words “regulations made under section 17A or by virtue of” were inserted before “section 19”;

(c) in regulation 55(1)(a) (short periods of sickness)( 39 ) before “; and” there were inserted—

“ or who failed without good cause to comply with regulations made under section 17A ” ;

(d) in regulation 55A(1)(a) (periods of sickness and persons receiving treatment outside Great Britain)( 40 ) before “; and” there were inserted—

“ or who failed without good cause to comply with regulations made under section 17A ”

(e) in regulation 140(1)(f)(i) (meaning of “person in hardship”)( 41 ), before “section 19” were inserted “regulations made under section 17A or because”.

(f) in regulation 152(1)(c) (relevant week)( 42 ), before “section 19” insert “regulations made under section 17A or in accordance with”.

Consequential modifications relating to sanctions

19. —(1) Paragraph (2) applies to the following provisions—

(a) regulation 2(4)(a) and (b) (interpretation) of the Council Tax Benefit Regulations;

(b) regulation 2(4)(a) and (b) (interpretation) of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006( 43 );

(c) regulation 3(j) (circumstances in which discretionary housing payments may be made) of the Discretionary Financial Assistance Regulations 2001( 44 );

(d) regulation 2(3)(a) and (b) (interpretation) of the Housing Benefit Regulations;

(e) regulation 2(3)(a) and (b) (interpretation) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006( 45 );

(2) Each of the provisions to which this paragraph applies has effect as if the words “or regulations made under section 17A” were inserted after “section 19 or 20A”.

(3)Regulation 5(3)(b) (meaning of “person in hardship”) of the Social Security (Loss of Benefit) Regulations 2001( 46 ) has effect as if the words “regulations made under section 17A or pursuant to” were inserted after “pursuant to”.

(4)Regulation 8A(5) (credits for unemployment) of the Social Security (Credits) Regulations 1975( 47 ) has effect as if after sub-paragraph (b) there were inserted—

“ (ba) a week in respect of which, because of regulations made under section 17A of that Act, a jobseeker’s allowance was not payable to the person concerned even though he satisfied the conditions for entitlement to that allowance; or ” .

Consequential modifications relating to decisions and appeals

20.The Social Security and Child Support (Decisions and Appeals) Regulations 1999( 48 ) have effect as if—

(a) in regulation 3(6) (revision of decisions)( 49 ), the words “, or with regulations made under section 17A of that Act” were inserted after “Jobseekers Act”;

(b) in regulation 6(2) (supersession of decisions)( 50 ) the following sub-paragraph were inserted after sub-paragraph (f)—

“ (fa) is a decision that a jobseeker’s allowance is payable to a claimant where that allowance ceases to be payable or is reduced by virtue of regulations made under section 17A of the Jobseekers Act; ” ;

(c) the following paragraph were inserted after regulation 7(8) (date from which a decision superseded under section 10 takes effect)( 51 )—

“ (8ZA) A decision to which regulation 6(2)(fa) applies shall take effect as from the beginning of the period specified in regulation 8(11) of the Jobseeker’s Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010. ” .