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Statutory Instruments

1991 No. 1995

SOCIAL SECURITY

The Employment Action (Miscellaneous Provisions) Order 1991

Made

4th September 1991

Laid before Parliament

10th September 1991

Coming into force

1st October 1991

Whereas arrangements have been made by the Secretary of State under section 2 of the Employment and Training Act 1973(1) ("the 1973 Act") to set up an Employment Action Programme ("the Scheme"):

And whereas it appears to the Secretary of State that the Scheme makes provision for persons using facilities provided in pursuance of those arrangements 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 of all other powers enabling him in that behalf, hereby makes the following Order:-

Citation and commencement

1. This Order may be cited as the Employment Action (Miscellaneous Provisions) Order 1991 and shall come into force on 1st October 1991.

Treatment of persons and payments for purposes of the subordinate legislation specified in the Schedule

2. For the purposes of the subordinate legislation specified in the Schedule to this Order a person using facilities provided under the Scheme shall be treated 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 in connection with his use of those facilities shall be treated in the same manner as a payment made in respect of such training.

Treatment of payments for purposes of the Social Security Act 1975

3. A payment made to a person in connection with his use of facilities provided under the Scheme shall not be treated as earnings for the purposes of Part I of the Social Security Act 1975(3).

Signed by order of the Secretary of State.

Ullswater

Parliamentary Under Secretary of State,

Department of Employment

4th September 1991

Article 2

SCHEDULE

[List of subordinate legislation]
The Social Security (Credits) Regulations 1975(4)
The Social Security (Overlapping Benefits) Regulations 1979(5)
The Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983(6)
The Students' Allowances (Scotland) Regulations 1991(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 European Communities (Iron and Steel Employees Re-adaptation Benefits Scheme) (No. 2) Regulations 1988(13)
The Social Security (Payments on account, Overpayments and Recovery) Regulations 1988(14)
The Education Authority Bursaries (Scotland) Regulations 1988(15)
The Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1989(16)
The Community Charge Benefits (General) Regulations 1989(17)
The Home Energy Efficiency Grants Regulations 1990(18)
The Income Support (General) (Amendment) No. 4 Regulations 1991(19)

Explanatory Note

(This note is not part of the Order)

This Order provides that, for the purposes of the subordinate legislation specified in the Schedule to the Order, a person using facilities provided under the Employment Action Programme shall be treated as participating in arrangements for training under section 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 in the same manner as a payment made in respect of such training.

The Order provides that a payment made to a person in connection with his use of such facilities shall not be treated as earnings for the purposes of Part I of the Social Security Act 1975 (c. 14).

(1)

1973 c. 50; section 2 was substituted by section 25(1) of the Employment Act 1988 (c. 19).

(2)

1988 c. 19.

(3)

1975 c. 14.

(4)

S.I. 1975/556; relevant amending instruments are S.I. 1988/1439 and 1989/1627.

(5)

S.I. 1979/597; relevant amending instruments are S.I. 1982/1173 and 1988/1446.

(6)

S.I. 1983/1598; relevant amending instruments are S.I. 1989/872 and 1324.