The Social Security (Incapacity Benefit Work-focused Interviews) Regulations (Northern Ireland) 2005

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Incapacity Benefit Work-focused Interviews) Regulations (Northern Ireland) 2005 and shall come into operation on 3rd October 2005.

(2) In these Regulations—

“the 1998 Order” means the Social Security (Northern Ireland) Order 1998(1);

“benefit week” means any period of seven days corresponding to the week in respect of which the relevant specified benefit is due to be paid;

“interview” means a work-focused interview with a relevant person who has claimed a specified benefit and which is conducted for any or all of the following purposes—

(a)

assessing that relevant person’s prospects for existing or future employment (whether paid or voluntary);

(b)

assisting or encouraging that relevant person to enhance his prospects of such employment;

(c)

identifying activities which that relevant person may undertake to strengthen his existing or future prospects of employment;

(d)

identifying current or future employment, training or rehabilitation opportunities suitable to that relevant person’s needs;

(e)

identifying educational opportunities connected with the existing or future employment prospects or needs of that relevant person;

“officer” means a person who is an officer of the Department or of the Department for Employment and Learning;

“personal capability assessment” means the assessment defined in Part III of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995(2) (personal capability assessment);

“relevant decision” has the meaning given by section 2B(2) of the Social Security Administration (Northern Ireland) Act 1992(3) (supplementary provisions relating to work-focused interviews);

“relevant person” means a person who resides in a postcode district identified in the Schedule and—

(a)

who makes a claim for a specified benefit on or after 3rd October 2005; or

(b)

who made a claim for a specified benefit on or after 3rd October 2003 but before 3rd October 2005 and who is entitled to a specified benefit under that claim;

but where paragraphs (a) and (b) would otherwise apply to a person, only paragraph (b) shall be taken to apply.

“specified benefit” means—

(a)

incapacity benefit;

(b)

income support where paragraph 7 of Schedule 1B to the Income Support (General) Regulations (Northern Ireland) 1987(4) (persons incapable of work) applies;

(c)

in respect of a relevant person to whom paragraph (a) of the definition of “relevant person” applies, income support where paragraph 24 or 25 of Schedule 1B to the Income Support (General) Regulations (Northern Ireland) 1987(5) (persons appealing against a decision which embodies a determination that they are not incapable of work) applies to a person who has made a claim for a benefit specified in paragraph (a), (b) or (e) of this definition on or after 3rd October 2005;

(d)

in respect of a relevant person to whom paragraph (b) of the definition of “relevant person” applies, income support where paragraph 24 or 25 of Schedule 1B to the Income Support (General) Regulations (Northern Ireland) 1987 (persons appealing against a decision which embodies a determination that they are not incapable of work) applies to a person who has made a claim for a benefit specified in paragraph (a), (b) or (e) of this definition on or after 3rd October 2003 but before 3rd October 2005; or

(e)

severe disablement allowance.

(3) The Interpretation Act (Northern Ireland) 1954(6) shall apply to these Regulations as it applies to an Act of the Assembly.

(1)

S.I. 1998/1506 (N.I. 10)

(2)

S.R. 1995 No. 41; Part III was amended by S.R. 1995 No. 149, S.R. 1996 No. 601, S.R. 2000 No. 4 and S.R. 2005 No. 15

(3)

Section 2B(2) was amended by paragraph 6(b) of Schedule 1 to the Social Security Act (Northern Ireland) 2002 (c. 10 (N.I.))

(4)

S.R. 1987 No. 459; Schedule 1B was inserted by regulation 22 of, and Schedule 1 to, S.R. 1996 No. 199

(5)

Paragraph 24 and 25 were amended by Article 9(4) of S.R. 1999 No. 371 (C. 28) and paragraph 25 was amended by regulation 4(3) of S.R. 2000 No. 4 and regulation 3 of S.R. 2005 No. 46

(6)

1954 c. 33 (N.I.)