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

1.  In regulation 2 (interpretation)—

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

“ “relevant person” means a person who resides in an area identified in—

(a)

Part 1 of the Schedule to these Regulations and—

(i)

who makes a claim for a specified benefit on or after 27th October 2003, or

(ii)

who made a claim for a specified benefit on or after 27th October 2001 but before 27th October 2003 and who is entitled to a specified benefit under that claim; or

(b)

Part 2 of that Schedule and—

(i)

who makes a claim for a specified benefit on or after 5th April 2004, or

(ii)

who made a claim for a specified benefit on or after 5th April 2002 but before 5th April 2004 and who is entitled to a specified benefit under that claim;

but where sub-paragraphs (i) and (ii) of paragraphs (a) or (b) would otherwise apply to a person—

(i)

only sub-paragraph (ii) of paragraph (a) or (b) shall be taken to apply if that person makes a claim for a specified benefit on or after 7th February 2005, and

(ii)

only sub-paragraph (i) of paragraph (a) or (b) shall be taken to apply if that person does not make a claim for a specified benefit on or after 7th February 2005.”; and

(b) in the definition of “specified benefit”—

(i) in paragraph (c)—

(aa) before the opening words there is inserted “in respect of a relevant person to whom paragraph (a)(i) or (b)(i) of the definition of “relevant person” applies,”, and

(bb) for “specified benefit referred to in sub-paragraph” there is substituted “benefit specified in paragraph”; and

(ii) after paragraph (c) there is inserted—

“(ca) in respect of a relevant person to whom paragraph (a)(ii) or (b)(ii) of the definition of “relevant person” applies, 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 applies to a person who has made a claim for a benefit specified in paragraph (a), (b) or (d) of this definition on or after—

(i) 27th October 2001 but before 27th October 2003 where that person resides in an area identified in Part 1 of the Schedule to these Regulations; or

(ii) 5th April 2002 but before 5th April 2004 where that person resides in an area identified in Part 2 of that Schedule; or”.