The Jobseeker’s Allowance (Work Experience) (Amendment) Regulations (Northern Ireland) 2012

Made: 20th January 2012

Coming into operation: 13th February 2012

The Department for Social Development makes the following Regulations in exercise of the powers conferred by Articles 9(4), 21(8) and (10)(c) and 36(2) of, and paragraph 1(2)(b) of Schedule 1 to, the Jobseekers (Northern Ireland) Order 1995[^f00001], and now vested in it[^f00002].

Citation and commencement

1

These Regulations may be cited as the Jobseeker’s Allowance (Work Experience) (Amendment) Regulations (Northern Ireland) 2012 and shall come into operation on 13th February 2012.

Amendment of the Jobseeker’s Allowance Regulations

2

• (1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996[^f00003] are amended in accordance with paragraphs (2) to (6).

• (2) In regulation 1(2) (citation, commencement and interpretation) after the definition of “welfare to work beneficiary” [^f00004] insert—

• “Work Experience” means the employment programme specified in regulation 75(1)(a)(vii);

• (3) In regulation 19(1)(p) (circumstances in which a person is to be treated as actively seeking employment) after “programme” insert “(other than Work Experience)”.

• (4) In regulation 53 (persons treated as not engaged in remunerative work) after sub-paragraph (j)[^f00005] add—

(k) he is engaged in the programme known as Work Experience.

• (5) In regulation 73 (good cause for the purposes of Article 21(5)(b) of the Order)—

• (a) in paragraph (2A)(a)[^f00006] for “(v) or (vi)” substitute “(v), (vi) or (vii)”;

• (b) after paragraph (2B)[^f00007] insert—

(2C) Without prejudice to any other circumstances in which a person may be regarded as having good cause for any act or omission for the purposes of Article 21(5)(b) or Article 22A(2)(b), a person is to be regarded as having good cause for failing to attend or giving up Work Experience provided that either— (a) that person is aged 16 or 17 on the first day of that person’s participation in Work Experience; or (b) that person— (i) attends on the first day of that person’s Work Experience, (ii) gives up not later than one week after the date on which that person begins Work Experience, and (iii) does not lose the Work Experience place through misconduct.

• (6) In regulation 75 (interpretation)—

• (a) at the end of paragraph (1)(a)(v)[^f00008] (the Preparation for Employment Programme) delete “and”;

• (b) in paragraph (1)(a)(vi)[^f00009] (Steps to Work) in sub-head (cc) for “suitable employment.” substitute “suitable employment; and”;

• (c) at the end of paragraph (1)(a)(vi) add—

(vii) Work Experience, being a programme which consists of work experience, job search skills and job skills (and which is not employment), provided in pursuance of arrangements made by or on behalf of the Department for Employment and Learning under section 1 of the Employment and Training Act (Northern Ireland) 1950[^f00010], and which— (aa) subject to sub-head (bb), is of between 2 and 8 weeks duration, (bb) is of between 2 and 12 weeks duration where, during the first 8 weeks of the claimant’s participation in Work Experience, and as a result of that participation, the claimant is offered and accepts an apprenticeship made under arrangements made by the Department for Employment and Learning.

Signed

Sealed with the Official Seal of the Department for Social Development on 20th January 2012

Heather Cousins — A senior officer of the Department for Social Development

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (“the Jobseeker’s Allowance Regulations”) on account of the introduction of the employment programme, known as Work Experience, established under section 1 of the Employment and Training Act (Northern Ireland) 1950.

Work Experience is an employment programme that offers jobseeker’s allowance claimants the opportunity to gain experience in a workplace for between 2 and 8 weeks. The Work Experience programme can be extended from 8 weeks to 12 weeks where during the course of the Work Experience an apprenticeship is offered to and accepted by a participant. The amendment to regulation 19 of the Jobseeker’s Allowance Regulations means that whilst on Work Experience they must still actively seek employment.

The Regulations amend regulation 53 of the Jobseeker’s Allowance Regulations to provide that someone on Work Experience will not be regarded as being in remunerative work for the purposes of Article 3(2)(e) of the Jobseekers (Northern Ireland) Order 1995 (“the 1995 Order”). Article 3(2) of the 1995 Order sets out the eligibility criteria for receipt of jobseeker’s allowance, and paragraph (e) provides that a claimant is not eligible if they are in remunerative work.

The Regulations amend regulation 73 of the Jobseeker’s Allowance Regulations so that:

• 16 and 17 year olds who participate in Work Experience will not be sanctioned for failing to complete the programme,

• a sanction will only be imposed where an employment officer has previously provided the claimant with written notice informing them of the implications of failing to complete the Work Experience without good cause, and

• a claimant who during the first week leaves their Work Experience for any reason will not be subject to the sanctioning regime (unless the claimant fails to attend at all or loses the place through misconduct).

The Regulations also amend regulation 75 of the Jobseeker’s Allowance Regulations so as to designate Work Experience as an employment programme for the purposes of Articles 21 and 22A of the 1995 Order and the Jobseeker’s Allowance Regulations. The effect is that if a person, without good cause, refuses or fails to participate in the programme, or loses their place on the programme due to misconduct, that person will receive a sanction under Article 21 or 22A of the 1995 Order (subject to the provisions of regulation 73).

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

Footnotes

[^f00001]: S.I. 1995/2705 (N.I. 15); Article 36(2) was amended by paragraph 55 of Schedule 3 to, the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

[^f00002]: SeeArticle 8(b) of S.R. 1999 No. 481

[^f00003]: S.R. 1996 No. 198; relevant amending Regulations are S.R. 1997 No. 541, S.R. 1998 No. 198, S.R. 1998 No. 324, S.R. 1999 No. 342, S.R. 2000 No. 350, S.R. 2001 No. 151 and S.R. 2009 No. 141

[^f00004]: The definition of “welfare to work beneficiary” was inserted by regulation 11(2) of S.R. 1998 No. 324

[^f00010]: 1950 c. 29 (N.I.); section 1 was amended by Article 8 of the Youth Employment Service (Northern Ireland) Order 1974 (S.I. 1974/2144 (N.I. 7)), Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10)) and Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8))