The Social Security (Incapacity Benefit Work-focused Interviews) Amendment (No. 2) Regulations 2005

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Incapacity Benefit Work-focused Interviews) Amendment (No. 2) Regulations 2005 and shall come into force on 31st October 2005.

(2) In these Regulations, “the 2003 Regulations” means the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2003(1).

(3) The 2003 Regulations shall be amended in accordance with these Regulations.

Amendment of the definitions in the 2003 Regulations

2.  In regulation 2 (interpretation)(2)—

(a) for the definition of “relevant person” there is substituted—

“ “relevant person” means—

(a)

a person to whom paragraph (b) does not apply and who—

(i)

resides in an area identified in—

(aa)

Part 1 of the Schedule to these Regulations and who makes a claim for a specified benefit on or after 27th October 2003,

(bb)

Part 2 of that Schedule and who makes such a claim on or after 5th April 2004,

(cc)

Part 3 of that Schedule and who makes such a claim on or after 31st October 2005,

(dd)

Part 4 of that Schedule and who makes such a claim on or after 24th April 2006, or

(ee)

Part 5 of that Schedule and who makes such a claim on or after 30th October 2006; or

(ii)

resides in an area identified in—

(aa)

Part 1 of the Schedule to these Regulations and who made a claim for a specified benefit on or after 27th October 2001 but before 27th October 2003, or

(bb)

Part 2 of that Schedule and who made such a claim on or after 5th April 2002 but before 5th April 2004,

and who is entitled to a specified benefit under that claim; or

(b)

a person who would fall within both heads (i) and (ii) of paragraph (a) and who—

(i)

does not make a claim for a specified benefit on or after 7th February 2005, or

(ii)

makes a claim for a specified benefit on or after 7th February 2005;”; and

(b) for paragraphs (c) and (ca) of the definition of “specified benefit” there is substituted—

“(c) income support where paragraph 24 or 25 (persons appealing against a decision which embodies a determination that they are not incapable of work) of Schedule 1B to the Income Support (General) Regulations 1987(3) applies; or”.

Amendment of the Schedule to the 2003 Regulations

3.  After Part 2 of the Schedule, there is inserted as Parts 3 to 5 the Parts set out in the Schedule to these Regulations.

Signed by authority of the Secretary of State for Work and Pensions.

Margaret Hodge

Minister of State,

Department for Work and Pensions

19th September 2005