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

Amendment of the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2003

2.—(1) The Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2003(1) are amended in accordance with this regulation.

(2) In regulation 2 (interpretation) in the definition of “relevant person”(2), after paragraph (a)(i)(ee) insert—

“(ff) Part 7 of that Schedule and who makes such a claim on or after 29th December 2006 at an office of the Department for Work and Pensions which is designated by the Secretary of State as a Pathways to Work office(3); or”.

(3) After regulation 2, insert—

“Persons who move home

2A.— (1) This regulation applies to a person who, on or after 29th December 2006,—

(a) ceases to reside in an area identified in one of the Parts of the Schedule to these Regulations, and

(b) immediately begins residing in an area identified in a different Part of that Schedule (“the new area”).

(2) Where paragraph (4) or (5) applies, the person shall be treated as continuing to fall within whichever of paragraphs (a)(i), (a)(ii), (b)(i) or (b)(ii) of the definition of “relevant person” he fell within before he began residing in the new area.

(3) Where neither paragraph (4) nor (5) applies, the person shall cease to be a relevant person.

(4) This paragraph applies where paragraph (a)(i) or (b)(i) of the definition of “relevant person” applies to the person and the new area is an area identified in—

(a) Parts 1 to 6 of that Schedule, or

(b) Part 7 of that Schedule and his award of a specified benefit is administered in respect of the new area from an office of the Department for Work and Pensions which is designated by the Secretary of State as a Pathways to Work office.

(5) This paragraph applies where—

(a) paragraph (a)(ii) or (b)(ii) of the definition of “relevant person” applies to the person, and

(b) the new area is an area identified in Part 1, 2 or 6 of that Schedule.”.

(4) After Part 6 of the Schedule(4), insert as Part 7 the Part set out in the Schedule to these Regulations.

(1)

S.I. 2003/2439. Amending instruments are S.I.s 2005/3, 2005/2604 and 2006/536.

(2)

The definition of “relevant person” was substituted by S.I.s 2005/3 and 2005/2604 and amended by S.I. 2006/536.

(3)

Offices designated as a Pathways to Work office and the date they are so designated are identified in a list entitled “Pathways to Work Offices”. That list is available from the Department for Work and Pensions, Pathways to Work, Room 4S25, Quarry House, Quarry Hill, Leeds, LS2 7UA and at the website www.jobcentreplus.gov.uk.

(4)

Part 6 was inserted by S.I. 2006/536.