The Social Security (Work-focused Interviews) Amendment Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Social Security (Jobcentre Plus Interviews) Regulations 2001 (“the Jobcentre Plus Regulations 2001”), the Social Security (Jobcentre Plus Interviews) Regulations 2002 (S.I. 2002/1703) (“the Jobcentre Plus Regulations 2002”), the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000 (S.I. 2000/1926) (“the Lone Parents Regulations”), the Social Security (Quarterly Work-focused Interviews for Certain Lone Parents) Regulations 2004 (S.I. 2004/2244) (“the Quarterly Lone Parents Regulations”) and the Social Security (Work-focused Interviews) Regulations 2000 (S.I. 2000/897) (“the Work-focused Interviews Regulations”) (collectively “the principal Regulations”).

Regulations 2(7), 3(3), 4(4), 5(4) and 6(4) amend the principal Regulations to require claimants taking part in most work-focused interviews to create and discuss an action plan for employment.

Regulation 4(3) introduces into the Lone Parents Regulations a requirement for lone parents who have been in receipt of income support (other than income support on the grounds of incapacity or income support whilst appealing against a decision which embodies a determination that they are not incapable of work) for 12 months and who are responsible for a youngest child aged 14 to take part in a work-focused interview every 13 weeks. Consequential amendments are made to the Lone Parents Regulations, the Quarterly Lone Parents Regulations and the Jobcentre Plus Regulations 2002. In particular, where a lone parent would be required to take part in interviews under more than one set of Regulations, amendments provide that they will only be required to take part under one of those Regulations.

Regulations 2(2), 2(4), 2(10), 5(2), 5(3), 5(5), 6(2), 6(3) and 6(5) amend the Jobcentre Plus Regulations 2001, the Jobcentre Plus Regulations 2002 and the Work-focused Interviews Regulations so that a claimant in receipt of only Carer’s Allowance or Bereavement Benefit is no longer required to take part in a work-focused interview. The amendments made in regulations 5(3) and 6(3) also update Invalid Care Allowance references to Carer’s Allowance.

Regulation 2(5) amends the Jobcentre Plus Regulations 2002 to change the date on which a first work-focused interview is to take place for claimants of incapacity benefit, severe disablement allowance, income support on the grounds of incapacity and income support whilst appealing against a decision which embodies a determination that they are not incapable of work. Regulation 2(3) and (8) make consequential amendments.

Regulations 2(9), 4(8), 5(6) and 6(6) amend the Jobcentre Plus Regulations 2001, the Jobcentre Plus Regulations 2002, the Lone Parents Regulations and the Work-focused Interviews Regulations to change the circumstances in which a claimant is classed as disabled.

The Report of the Social Security Advisory Committee dated 10th August 2005 on the proposals referred to them in respect of these Regulations, together with a statement showing the extent to which the proposals give effect to the Recommendations of the Committee, and in so far as they do not give effect to them, the reasons why not, are contained in Command Paper Cm. 6669 published by the Stationary Office Ltd.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.