The Social Security (Work-focused Interviews for Partners) (Amendment) Regulations (Northern Ireland) 2008

Statutory Rules of Northern Ireland

2008 No. 169

Social Security

The Social Security (Work-focused Interviews for Partners) (Amendment) Regulations (Northern Ireland) 2008

Made

11th April 2008

Coming into operation

28th April 2008

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 2AA(1), (4) to (7) and 165(1), (4) to (6) of the Social Security Administration (Northern Ireland) Act 1992(1) and now vested in it(2).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Work-focused Interviews for Partners) (Amendment) Regulations (Northern Ireland) 2008 and shall come into operation on 28th April 2008.

(2) The Interpretation Act (Northern Ireland) 1954(3) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Social Security (Work-focused Interviews for Partners) Regulations

2.—(1) The Social Security (Work-focused Interviews for Partners) Regulations (Northern Ireland) 2003(4) are amended in accordance with paragraphs (2) to (8).

(2) In regulation 1 (citation, commencement and interpretation)—

(a) in paragraph (2), in the definition of “partner” omit paragraph (a), and

(b) omit paragraph (3).

(3) For regulation 2 (requirement for partner to take part in an interview as a condition of a specified benefit continuing to be paid at full amount) substitute—

“Partner of a person claiming a specified benefit to take part in an interview

2.— (1) Subject to regulations 4 to 7, a partner to whom this regulation applies is required to take part in an interview as a condition of the claimant continuing to be paid the full amount of a specified benefit which is payable apart from these Regulations.

(2) This regulation applies to a partner of a person claiming a specified benefit where—

(a) the claimant has been continuously entitled to a specified benefit for at least 26 weeks;

(b) the claimant has been awarded the benefit at a higher rate referable to the partner;

(c) the benefit is administered from an office of the Department which is designated as a Jobs and Benefits Office(5), and

(d) the partner has not taken part or been required to take part in an interview under these Regulations.

(3) Where a requirement to take part in an interview arises under this regulation in relation to a particular specified benefit, the requirement also applies in relation to any other specified benefit in payment to the claimant at a higher rate referable to his partner on the date set for the interview and notified to the partner in accordance with regulation 8(1).

Partner of a person claiming jobseeker’s allowance to take part in an interview where a child or qualifying young person is in the household

2A.— (1) Subject to regulations 4 to 7, a partner to whom this regulation applies is required to take part in an interview as a condition of the claimant continuing to be paid the full amount of a jobseeker’s allowance which is payable apart from these Regulations.

(2) This regulation applies to a partner of a person claiming a jobseeker’s allowance where—

(a) the claimant or the partner is responsible for a child or qualifying young person who is a member of that person’s household;

(b) the claimant has been continuously entitled to a jobseeker’s allowance for at least 26 weeks;

(c) the claimant has been awarded that benefit at a higher rate referable to the partner;

(d) the benefit is administered from an office of the Department which is designated as a Jobs and Benefits Office, and

(e) the partner has taken part or failed to take part in an interview under these Regulations.

(3) The requirement to take part in an interview under this regulation arises every 6 months, on a date to be determined in accordance with paragraphs (4) and (5).

(4) Where the interview referred to in paragraph (2)(e) was on a date before 28th October 2007—

(a) the requirement arises for the first time on 28th April 2008, and

(b) it then arises again every 6 months after the date on which the partner last took part or failed to take part in an interview.

(5) Where the interview referred to in paragraph (2)(e) was on a date on or after 28th October 2007, the requirement arises every 6 months after the date on which the partner last took part or failed to take part in an interview.

(6) For the purposes of paragraph (2)(a), “child” and “qualifying young person” are to be construed in accordance with section 138 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(6).

(7) References in paragraphs (2)(e), (4) and (5) to a partner having taken part in an interview are to be construed as including cases where the partner is treated as having taken part in an interview under regulation 4 or 5.”.

(4) In regulation 3 (time when interview is to take place), for “2(1)” substitute “2 or 2A”.

(5) In regulation 4(2) (waiver of requirement to take part in an interview) and regulation 5(3) (deferment of requirement to take part in an interview) omit “for the purposes of regulation 2”.

(6) In regulation 6 (exemption), for “2(1) or 5(2)” substitute “2, 2A or 5(2)”.

(7) In regulation 10 (failure to take part in an interview)—

(a) in paragraph (1), for “2” substitute “2 or 2A”, and

(b) in paragraph (4), for “regulation 2” substitute “these Regulations”.

(8) In regulation 11 (circumstances where regulation 10 does not apply), for “these Regulations apply under the provisions within regulation 1(3)” substitute “regulation 2 or 2A applies”.

Sealed with the Official Seal of the Department for Social Development on 11th April 2008

(L.S.)

John O’Neill

A senior officer of the Department for Social Development

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Social Security (Work-focused Interviews for Partners) Regulations (Northern Ireland) 2003 (“the Principal Regulations”) impose a requirement on the partners of claimants of certain benefits to take part in a work-focused interview (“an interview”) where the claimant has been continuously entitled to the benefit for at least 26 weeks and it has been awarded at a higher rate referable to his partner.

These Regulations amend the Principal Regulations to impose additional requirements on the partner of a claimant of a jobseeker’s allowance (other than a joint-claim jobseeker’s allowance) to take part in interviews every 6 months where the claimant or his partner is responsible for a child or qualifying young person who lives in his household.

These Regulations make in relation to Northern Ireland only provision corresponding to provisions 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.

(1)

1992 c .8; section 2AA was inserted by section 5 of the Social Security Act (Northern Ireland) 2002 (c. 10); section 2AA(7) was amended by paragraph 107 of Schedule 24 to the Civil Partnership Act 2004 (c. 33) and section 165(1) was amended by Article 4 of, and paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

(2)

See Article 8(b) of S.R. 1999 No. 481

(3)

1954 c. 33 (N.I.)

(4)

S.R. 2003 No. 405

(5)

A list of offices designated as Jobs and Benefits Offices is available from the Department for Social Development at the following address: Operations Directorate Support, Level 1, Lighthouse Building, 3 Cromac Place, Gasworks Business Park, Ormeau Road, Belfast BT7 2JA

(6)

1992 c. 7; section 138 was substituted by section 2(2) of the Child Benefit Act 2005 (c. 6)