41Case Management Activity Agreements—group enterprises and co‑operative enterprises

#### 41 Case Management Activity Agreements—group enterprises and co‑operative enterprises Development (1) A Case Management Activity Agreement must not require a person to undertake as an activity any development of a group enterprise or co‑operative enterprise unless: (a) at all times during the 6 months immediately preceding the undertaking of the activity, the person has been, or will have been, receiving either of the following: (ii) a newstart allowance under the Social Security Act 1991; (iii) a youth training allowance under Part 8 of the Student and Youth Assistance Act 1973; and (b) the Employment Secretary is satisfied that the activity: (i) will be viable 12 months after the person begins the activity; and (ii) is likely to provide the person with skills, training or work experience that will assist the person to obtain paid employment, being paid employment that will provide the person with a level of income at least equivalent to the person’s maximum basic rate. Participation (2) A Case Management Activity Agreement must not require a person to undertake as an activity any participation in a group enterprise or co‑operative enterprise unless: (a) at all times during the 6 months immediately preceding the undertaking of the activity, the person has been, or will have been, receiving either of the following: (ii) a newstart allowance under the Social Security Act 1991; (iii) a youth training allowance under Part 8 of the Student and Youth Assistance Act 1973; and (b) the Employment Secretary is satisfied that the activity is likely to provide the person with skills, training or work experience that will assist the person to obtain self‑employment or paid employment, being self‑employment or paid employment that will provide the person with a level of income at least equivalent to the person’s maximum basic rate. Maximum basic rate (3) For the purposes of this section, a person’s maximum basic rate is: (a) if the person had been receiving newstart allowance and is under 18—the person’s maximum basic rate worked out under Module B of Benefit Rate Calculator A (within the meaning of the Social Security Act 1991); or (b) if the person had been receiving newstart allowance and is 18 or over—the person’s maximum basic rate worked out under Module B of Benefit Rate Calculator B (within the meaning of the Social Security Act 1991); or (c) if the person had been receiving youth training allowance—the person’s maximum basic rate worked out under Module B of Schedule 1 to the Student and Youth Assistance Act 1973. Other conditions (4) A Case Management Activity Agreement must not require a person to undertake as an activity any development of, or participation in, a group enterprise or co‑operative enterprise if: (a) the person is to undertake the activity for more than 12 months; or (b) the person has previously been subject to a requirement under: (i) that agreement; or (ii) any other Case Management Activity Agreement; or (iii) a Job Search Activity Agreement; or (iv) a Newstart Activity Agreement; or (v) a Youth Training Activity Agreement; to undertake the same activity or a similar activity; or (c) at any time during the 6 months immediately preceding the time at which the activity is to start, the person has been subject to a requirement under: (i) that agreement; or (ii) any other Case Management Activity Agreement; or (iii) a Job Search Activity Agreement; or (iv) a Newstart Activity Agreement; or (v) a Youth Training Activity Agreement; to undertake as an activity other development of, or participation in, a group enterprise or co‑operative enterprise. Activities to which section does not apply (5) This section does not apply to an activity to which a paragraph of subsection 39(1) other than paragraph 39(1)(f) or (g) applies. Definitions (6) In this section: > Job Search Activity Agreement has the same meaning as in the Social Security Act 1991 as in force immediately before 20 September 1996. > Newstart Activity Agreement has the same meaning as in the Social Security Act 1991. > Youth Training Activity Agreement has the same meaning as in Part 8 of the Student and Youth Assistance Act 1973.