BAILII
British and Irish Legal Information Institute


Freely Available British and Irish Public Legal Information

[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

United Kingdom Statutory Instruments


You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Social Security (Intensive Activity Period 50 to 59 Pilot) Regulations 2005 No. 636
URL: http://www.bailii.org/uk/legis/num_reg/2005/20050636.html

[New search] [Help]

STATUTORY INSTRUMENTS


2005 No. 636

SOCIAL SECURITY

The Social Security (Intensive Activity Period 50 to 59 Pilot) Regulations 2005

  Made 8th March 2005 
  Coming into force 4th April 2005 

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), (3) and (5), 35(1) and 36(2) and (4) of the Jobseekers Act 1995[3], and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it[4], hereby makes the following Regulations:

Citation, commencement and duration
     1.  - (1) These Regulations may be cited as the Social Security (Intensive Activity Period 50 to 59 Pilot) Regulations 2005 and shall come into force on 4th April 2005.

    (2) These Regulations shall cease to have effect on 3rd April 2006 unless revoked with effect from an earlier date.

Interpretation
    
2.  - (1) In these Regulations - 

    "appropriate office" means an office, by whatever name it is from time to time known, of the Department for Work and Pensions which is identified in the Schedule to these Regulations by reference to its district and name as at the date on which these Regulations come into force and, where such an office closes, a reference in the Schedule to that office shall be construed as a reference to the office which a person is required to attend by an employment officer instead of that office;

    "benefit" means a jobseeker's allowance or any earnings credited to a person in accordance with regulation 8A of the Social Security (Credits) Regulations 1975[5];

    "the Jobseeker's Regulations" means the Jobseeker's Allowance Regulations 1996[6].

    (2) In respect of any period throughout which a member of a joint-claim couple is receiving a joint-claim jobseeker's allowance, the other member of that couple shall, for the purposes of regulation 3(3)(c), also be treated as receiving benefit throughout that period.

Application of Intensive Activity Period 50 to 59 Pilot
     3.  - (1) Subject to paragraph (4), in relation to a person to whom paragraph (2) applies, in regulation 75(1)(a)(iv) of the Jobseeker's Regulations[7] (interpretation) for "aged 25 years or over and less than 50 years" substitute "aged 50 years or over and less than 60 years".

    (2) This paragraph shall apply to any person who meets the conditions specified in paragraph (3) and who is selected by an employment officer, on a sampling basis, to participate in the Intensive Activity Period as specified in regulation 75(1)(a)(iv) of the Jobseeker's Regulations as amended by paragraph (1).

    (3) For the purposes of paragraph (2) the conditions are that he is a person-

    (a) who, between 4th April 2005 and 3rd April 2006 attends an appropriate office pursuant to a notification given or sent under regulation 23 or 23A of the Jobseeker's Regulations; and

    (b) who has been receiving benefit for a cumulative period of at least 18 months in the previous 21 months; and

    (c) who has been given or sent a notice in writing by an employment officer notifying him of a place on the Intensive Activity Period as specified in regulation 75(1)(a)(iv) of the Jobseeker's Regulations as amended by paragraph (1), and advising him that if he fails to participate in that programme, his jobseeker's allowance could cease to be payable or be payable at a lower rate.

    (4) Where a person to whom paragraph (2) would otherwise apply informs the Secretary of State of a change in address that results in that person being notified under regulation 23 or 23A of the Jobseeker's Regulations that he should attend a place that is not an appropriate office for the purposes of these Regulations - 

    (a) any sanction incurred by that person under sections 19 or 20A of the Jobseekers Act 1995 as a result of his refusing or failing to participate in, or giving up a place on the Intensive Activity Period as specified in regulation 75(1)(a)(iv) of the Jobseekers Regulations as amended by paragraph (1) shall end; and

    (b) these Regulations shall cease to apply to that person.

Transitional provision
     4. References in these Regulations to a person to whom regulation 3(2) applies shall include a person to whom regulation 3(2) of the Social Security (Intensive Activity Period 50 to 59 Pilot) Regulations 2004[8] applied immediately before those regulations expire.



Signed by authority of the Secretary of State for Work and Pensions.


Jane Kennedy
Minister of State, Department for Work and Pensions

8th March 2005



SCHEDULE
Regulation 2(1)

District Name of Office
Bridgend, Rhondda, Cynon & Taff Aberdare

Bridgend (Market Street)

Ferndale

Llantrisant

Maesteg

Mountain Ash

Pontypridd

Porth

Porthcawl

Pyle

Tonypandy

Treorchy

Berkshire, Buckinghamshire & Oxfordshire Abingdon

Aylesbury

Banbury

Bletchley

Chesham

Didcot

High Wycombe

Milton Keynes

Oxford

Witney

Calderdale & Kirklees Batley

Brighouse

Dewsbury (Crown Buildings)

Halifax (Horton)

Huddersfield (Castle House)

Spen Valley

Todmorden

Coventry & Warwickshire Atherstone

Bedworth

Coventry (Bankfield House)

Coventry (Cheylesmore)

Coventry (Sheriff's Court)

Coventry (Tile Hill)

Leamington Spa

Nuneaton

Rugby

Stratford Upon Avon

East Lancashire Accrington (Oak Bank House)

Bacup (Galdstone Street)

Blackburn (Orchard House)

Burnley (Bankfield)

Burnley (Hammerton Street)

Clitheroe (Lower Gate)

Colne (Market Road)

Darwen (Green Street)

Nelson (Netherfield Road)

Rawtenstall (Bacup Road)

Essex Basildon

Braintree

Brentwood

Canvey Island

Chelmsford

Clacton

Colchester

Grays

Harlow

Harwich

Loughton

Rayleigh

Southend

Hampshire Aldershot

Alton

Andover

Basingstoke

Bordon

Cosham

Eastleigh

Fareham

Farnborough

Gosport

Havant

Hythe

Lymington

Newport

Petersfield

Portsmouth North

Ringwood

Ryde

Shanklin

Southampton

Winchester

Woolston

Leicestershire Coalville

Hinckley

Leicester (Charles Street)

Leicester (Highfields)

Leicester (New Walk)

Leicester (Wellington Street)

Loughborough

Lutterworth

Market Harborough

Melton Mowbray

The Marches Bridgnorth

Ludlow

Madeley

Market Drayton

Oswestry

Shrewsbury (Princess House)

Telford (Telford House)

Wellington

Whitchurch

Dorset & Somerset Bridgwater

Burnham-on-Sea

Chard

Frome

Minehead

Taunton

Wells

Yeovil

Suffolk Beccles

Bury St. Edmunds

Felixstowe

Haverhill

Ipswich

Leiston

Lowestoft

Mildenhall

Newmarket

Stowmarket

Sudbury

Woodbridge




EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations replace a pilot scheme established by the Social Security (Intensive Activity Period 50 to 59 Pilot) Regulations 2004 (S.I.2004/868) ("the 2004 Regulations'), which related to persons who claimed a jobseeker's allowance and who fulfilled the criteria specified in regulation 3 of those regulations as to age, period over which they had been receiving benefit and the location of the appropriate offices at which they were claiming benefit, as identified in the Schedule to those Regulations.

These Regulations provide for an extended Pilot Scheme which is to last for 1 year from 4th April 2005 to 3rd April 2006 unless revoked with effect from an earlier date.

Regulation 3 amends regulation 75(1)(a)(iv) of the Jobseekers Allowance Regulations (S.I. 1996/207) with the effect that if a person without good cause refuses or fails to participate in the employment programme known as the Intensive Activity Period or gives up his place on this programme, he will be subject to a sanction under section 19 or 20A of the Jobseekers Act 1995 (c.18). The effect of this will be the loss or reduction of his jobseeker's allowance for a period of two, four or twenty-six weeks.

Regulation 3 further provides that where a person on the Intensive Activity Period informs the Secretary of State of a change of address that results in an employment officer notifying him to under regulation 23 or 23A of the Jobseeker's Allowance Regulations 1996 to attend a place that is not an appropriate office for the purposes of these Regulations then any sanctions incurred by that person for refusing or failing to participate in, or giving up his place on the programme shall end and these Regulations shall no longer apply to that person.

Regulation 4 provides that a person who was participating in the 2004 Regulations will be subject to these Regulations from the date that the 2004 Regulations expire.

A full regulatory impact assessment has not been produced for the 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 there 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 sections 170 and 173(1)(b) 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; relevant amending instruments are S.I. 2000/3120, 2001/518, 1711 and 2002/490.back

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

[7] Regulation 75 was substituted by S.I. 1997/2863, relevant amending instruments are S.I. 1998/1274, 1698, 2000/721, 1370, 1978, 2001/652, 1029, 2002/2314, 2003/2438 and 2004/959.back

[8] S.I. 2004/868.back



ISBN 0 11 072497 6


 © Crown copyright 2005

Prepared 16 March 2005
About BAILII - FAQ - Copyright Policy - Disclaimers - Privacy Policy amended on 25/11/2010