S.I. 1993 No.1949

The Learning for Work (Miscellaneous Provisions) Order 1993  

Made	29th July 1993
Laid before parliament	9th August 1993
Coming into force	6th September 1993

Whereas arrangements have been made by the Secretary of State under section 2 of the Employment and Training Act 1973¹ ("the 1973 Act") to set up a programme to be known as Learning for Work:
And whereas it appears to the Secretary of State that Learning for Work 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 that Employment Act 1988² 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 Learning for work (Miscellaneous Provisions) Order 1983 and shall come into force on 6th September 1993.
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 Learning for Work 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 Contributions and Benefits Act 1992
3. A payment made to a person in connection with his use of facilities provided under Learning for Work shall not be treated as earnings for the purposes of Part I of the Social Security Contributions and Benefits Act 1992.
Signed by order of the Secretary of State.

	Viscount Ullswater
	Parliamentary Under Secretary of State,
29th July 1993	Department of Employment

SCHEDULE
Article 2
LIST OF SUBORDINATE LEGISLATION

The Social Security (Credits) Regulations 1975³
The Social Security (Overlapping Benefits) Regulations 1979⁴
The Social Security (Unemployment, Sickness and Invalidity benefit) Regulations 1983⁵
The Income Support (General) Regulations 1987⁶
The Social Security (Claims and Payments) Regulations 1987
The Income Support (Transitional) Regulations 1987⁷
The Housing Benefit (General) Regulations 1987⁸
The Family Credit (General) Regulations 1987
The European Communities (Iron and Steel Employees Re-adaptation Benefits Scheme) (No. 2) Regulations 1988⁹
The Social Security (Payments on account, Overpayments and Recovery) Regulations 1988¹⁰
The Education Authority Bursaries (Scotland) Regulations 1988¹¹
The Fire Precautions (Factories, Offices, Shops and Railway Premises) order 1989¹²
The Housing Renovation etc. Grants (Reductions of Grant) Regulations 1990¹³
The Students' Allowances (Scotland) Regulations 1991¹⁴
The Income Support (General) Amendment No. 4 Regulations 1991¹⁵
The Income Support (General) Amendment No. 5 Regulations 1991¹⁶
The Disability Working Allowance (General) Regulations 1991
The Council Tax Benefit (General) Regulations 1992¹⁷
The Child Support (Maintenance Assessment and Special Cases) Regulations 1992¹⁸
The Education (Mandatory Awards) Regulations 1993¹⁹

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 Learning for Work 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 Contributions and Benefits Act 1992.

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1 1973 c.50; section 2 was substituted by section 25(1) of the Employment Act 1988 . 2 1988. c.19. 3 S.I. 1975/556; relevant amending instruments are S.I. 1978/409, 1987/414, 1988/1230, 1439 and 1545, 1989/1627 and 1991/387. 4 S.I. 1979/597; relevant amending instruments are S.I. 1982/1173, 1988/1446 and 1991/387. 5 S.I. 1983/1598; relevant amending instruments are S.I. 1988/1843, 1989/872 and 1324, 1990/1847 and 1991/387. 6 S.I. 1987/1967; relevant amending instruments are S.I. 1988/663, 1228, 1445 and 2022, 1989/1678, 1990/547 and 1776, 1991/236, 387, 2334 and 2742, 1992/468 and 2155 and 1993/963. 7 S.I. 1987/1969; relevant amending instruments are S.I. 1988/521 and 670, 1989/1626 and 2340, 1990/2324, 1991/387 and 1600 and 1992/1326. 8 S.I. 1987/1971; relevant amending instruments are S.I. 1988/909 and 1971, 1990/546 and 1775, 1991/235 and 387 and 1992/432. 9 S.I. 1988/538; the relevant amending instrument is S.I. 1991/387. 10 S.I. 1988/664, to which there are amendments not relevant to this Order. 11 S.I. 1988/1042; the relevant amending instrument is S.I. 1990/1347. 12 S.I. 1989/76; the relevant amending instrument is S.I. 1991/387. 13 S.I. 1990/1189; the relevant amending instrument is S.I. 1991/897. 14 S.I. 1991/1522. 15 S.I. 1991/1559. 16 S.I. 1991/2334. 17 S.I. 1992/1814; the relevant amending instrument is S.I. 1993/688. 18 S.I. 1992/1815; the relevant amending instrument is S.I. 1993/913. 19 S.I. 1993/1580.