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

Failure to take part in an interview

9.—(1) A relevant person in respect of whom a relevant decision has been made in accordance with regulation 8(4) shall, subject to paragraph (12), suffer the consequences specified in paragraph (2).

(2) The consequences specified in this paragraph are, subject to paragraphs (3) and (4), that the relevant person’s benefit shall be reduced as from the first day of the next benefit week following the day a relevant decision was made, by a sum equal to 20 per cent. of the amount applicable on the date the first reduction commences in respect of a single claimant for income support aged not less than 25.

(3) Benefit reduced in accordance with paragraph (2) shall not be reduced below ten pence per week.

(4) Where two or more specified benefits are in payment to a relevant person, a reduction made in accordance with paragraph (2) shall be applied, except in a case to which paragraph (5) applies, to the specified benefits in the following order of priority—

(a) income support;

(b) incapacity benefit;

(c) severe disablement allowance.

(5) Where the amount of the reduction is greater than some, but not all, of the specified benefits listed in paragraph (4), the reduction shall be made against the first benefit in that list which is the same as, or greater than, the amount of the reduction.

(6) For the purpose of determining whether a specified benefit is the same as, or greater than, the amount of the reduction for the purposes of paragraph (5), ten pence shall be added to the amount of the reduction.

(7) In a case where the whole of the reduction cannot be applied against any one specified benefit because the amount of no one benefit is the same as, or greater than, the amount of the reduction, the reduction shall be applied against the first benefit in payment in the list of priorities in paragraph (4) and so on against each benefit in turn until the whole of the reduction is exhausted or, if this is not possible, the whole of the specified benefits are exhausted, subject in each case to ten pence remaining in payment.

(8) Where the rate of any specified benefit payable to a relevant person changes, the rules set out above for a reduction in the benefit payable shall be applied to the new rates and any adjustments to the benefits against which the reductions are made shall take effect from the beginning of the first benefit week to commence for that relevant person following the change.

(9) Paragraph (1) shall apply to a relevant person each time a relevant decision is made in accordance with regulation 8(4) in respect of him.

(10) Where a relevant person whose benefit has been reduced in accordance with paragraph (2) subsequently takes part in an interview, the whole of the reduction shall cease to have effect on the first day of the benefit week in which the requirement to take part in an interview was met.

(11) For the purposes of determining the amount of any benefit payable, a relevant person shall be treated as receiving the amount of any specified benefit which would have been payable but for a reduction made in accordance with paragraph (2).

(12) The consequences specified in paragraph (2) shall not apply to a person who—

(a) brings new facts to the notice of an officer within one month of the date on which a relevant decision was notified to him and—

(i) those facts could not reasonably have been brought to an officer’s notice within five working days of the day on which the interview was to take place; and

(ii) those facts show that he had good cause for his failure to take part in the interview;

(b) is no longer required to take part in an interview as a condition for continuing to be entitled to the full amount of the specified benefit which is payable to him apart from these Regulations; or

(c) attains the age of 60.