The Social Security (Incapacity Benefit Work-focused Interviews) Amendment (No.2) Regulations 2006

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2003 (S.I. 2003/2439) (“the principal Regulations”) to increase the numbers of persons who can be required to attend work-focused interviews as a condition of their continued entitlement to full benefit. These Regulations and the principal Regulations apply to certain persons who claim incapacity benefit, severe disablement allowance, income support on the grounds of incapacity, or income support whilst they are appealing against a decision which embodies a determination that they are not incapable of work (“specified benefits”).

Regulation 2(2) and (4) and the Schedule amend the places in which a person must live to fall within the principal Regulations (so that they apply to an increased number of persons). In addition to living in those new places, a person must make his or her claim for a specified benefit at a particular Department for Work and Pensions office. Those particular offices are whichever offices the Secretary of State decides to designate as a ‘Pathways to Work office’. Offices covering the whole of Great Britain could be designated.

The new regulation 2A inserted by regulation 2(3) provides that where a person is subject to the principal Regulations because he lives in a specified area (and meets the other relevant conditions), he can continue to be subject to those Regulations when he moves to another specified area. The move must be on or after 29th December 2006. The date he claimed benefit is not relevant to whether he continues to be subject to the principal Regulations.

A Regulatory Impact Assessment has not been produced for this instrument as it has no impact on the costs of business, charities or voluntary bodies.