The Flexible New Deal (Miscellaneous Provisions) Order 2009

JurisdictionUK Non-devolved
CitationSI 2009/1562

2009 No. 1562

Social Security

The Flexible New Deal (Miscellaneous Provisions) Order 2009

Made 23th June 2009

Laid before Parliament 29th June 2009

Coming into force 5th October 2009

Arrangements known as “the Flexible New Deal” have been made by the Secretary of State under section 2 of the Employment and Training Act 19731which appear to him to make provision for persons using facilities provided in pursuance of those arrangements to receive payments in connection with their use of those facilities.

The Secretary of State makes the following Order in exercise of the powers conferred by sections 26(1)(a), (c) and (d) and (2) of the Employment Act 19882.

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Flexible New Deal (Miscellaneous Provisions) Order 2009.

(2) It shall come into force on 5th October 2009.

(3) In this Order—

“the Flexible New Deal” means the employment programme specified in regulation 75(1)(a)(v) of the Jobseeker’s Allowance Regulations 19963;

“facilities” includes the provision of services;

“New Deal participant”, in relation to any time, means a person who is at that time participating in the Flexible New Deal;

“trading payment” means a payment made to a Flexible New Deal participant in consideration of goods or services supplied by that person in the course of participating in the Flexible New Deal;

“training allowance” means a payment made by the Secretary of State to a person in connection with that person’s participation in the Flexible New Deal.

S-2 Treatment of persons and payments for the purposes of the Social Security Contributions and Benefits Act 1992, the Jobseekers Act 1995 and specified subordinate legislation

Treatment of persons and payments for the purposes of the Social Security Contributions and Benefits Act 1992, the Jobseekers Act 1995 and specified subordinate legislation

2.—(1) The provisions of this article shall apply to the following legislation—

(a)

(a) Part 1 of the Social Security Contributions and Benefits Act 19924;

(b)

(b) the Jobseekers Act 19955; and

(c)

(c) the subordinate legislation specified in the Schedule to this Order.

(2) If, for any period commencing on or after the day on which this Order comes into force, a Flexible New Deal participant receives, or is eligible to receive, a training allowance, that person is to be treated for that period and in respect of participation in the Flexible New Deal as not being employed but as participating in arrangements for training under section 2 of the Employment and Training Act 1973.

(3) Except as mentioned in paragraph (4), any payment made to a Flexible New Deal participant during that period in connection with that person’s use of facilities provided in pursuance of those arrangements shall be treated in the same manner as a payment of training allowance made in respect of such training.

(4) Paragraph (3) does not apply in respect of any trading payment made to a Flexible New Deal participant who is receiving assistance in pursuing self-employed earner’s employment whilst participating in that programme.

Jim Knight

Minister of State,

Department for Work and Pensions

23rd June 2009

SCHEDULE

Article 2(1)(c)

List of Subordinate Legislation

The Social Security (Credits) Regulations 19756

The Social Security (Overlapping Benefits) Regulations 19797

The Social Security (Claims and Payments) Regulations 19878

The Child Support (Maintenance Assessment Procedure) Regulations 19929

The Child Support (Maintenance Assessments and Special Cases) Regulations 199210

The Jobseeker’s Allowance Regulations 199611

The Housing Renewal Grants Regulations 199612

Child Support (Maintenance Calculation Procedure) Regulations 200013

The Housing Benefit Regulations 200614

The Housing Benefit (Persons who have attained the qualifying age for state pension credit)...

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