Citation, commencement and interpretation1

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 20033.

3

The 2003 Regulations shall be amended in accordance with these Regulations.

Amendment of the definitions in the 2003 Regulations2

In regulation 2 (interpretation)4—

a

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

  • “relevant person” means—

    1. a

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

      1. i

        resides in an area identified in—

        1. aa

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

        2. bb

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

        3. cc

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

        4. dd

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

        5. ee

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

      2. ii

        resides in an area identified in—

        1. 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

        2. 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

    2. b

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

      1. i

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

      2. ii

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

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 19875 applies; or

Amendment of the Schedule to the 2003 Regulations3

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 HodgeMinister of State,Department for Work and Pensions