08 October 2008 – Consultation: the Social Security (Flexible New Deal) Regulations 2008

The Social Security Advisory Committee (SSAC) has been asked by the Secretary of State for Work and Pensions to consider proposals for the above named regulations. The main changes these proposals would introduce are:

• a one week loss of benefit (sanction) for those who, without good cause, refuse or fail to carry out a jobseeker’s direction which relates to attendance at a  “Back to Work Session”;
• the inclusion of the Flexible New Deal as an employment programme in regulation 75(1) of the Jobseeker’s Allowance Regulations 1996, meaning that benefit may not be payable to claimants who, without good reason, refuse or fail to take part in the Flexible New Deal or who lose their place on the scheme due to misconduct;
• the application of the current New Deal approach of 2, 4 or 26 week benefit sanctions for acts or omissions relating to the Flexible New Deal;
• unless the person is in a vulnerable group, hardship payments are not payable to claimants who are sanctioned in connection with acts or omissions relating to a Back to Work Session or during the period they are required to take part in the Flexible New Deal (the latter mirrors current New Deal policy);
• an additional case where a person is to be regarded as having good cause for not taking part in the Flexible New Deal where he or she is not notified in advance about the application of sanctions;
• a minor change to the linking rules in relation to JSA housing costs to take account of the Flexible New Deal;
• income and capital disregards for certain payments made in connection with a person’s participation in Flexible New Deal in the Jobseeker’s Allowance Regulations, Housing Benefit, Council Tax Benefit and Housing Renewal Grants Regulations.

Before the Committee considers and reports on these proposals, it would like to hear from organisations including existing and potential providers and individuals who have views, in particular on the following aspects of the proposed changes:

• mandatory ‘Back to Work Sessions’;
• the duration of sanctions;
• the contracting arrangements;
• customer choice within the Flexible New Deal programme;
• the role of the private sector organisations in the sanctions regime; and
• the application of sanctions to the voluntary extension of the Flexible New Deal

Those wishing to make representations to the Committee may obtain copies of the Department’s explanatory memorandum and draft regulations from our website http://www.ssac.org.uk or from the Committee Secretariat (contact Natalie Harwood on 0207 412 1508).

Representations should be sent to the Committee at New Court, 48 Carey Street, London, WC2A 2LS, or by email , or via the consultation response facility on our website, to arrive no later than Friday 7 November  2008.

Note for Editors:

The SSAC is the main UK advisory body for all social security matters except those relating to industrial injuries, war pensions, occupational pensions, and National Insurance contributions. Most proposals for social security regulations have to be submitted to the SSAC before they are made. When the Committee reports on regulations, the report is laid before Parliament with the regulations and a statement from the Secretary of State responding to any recommendations the Committee has made.