The Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

Regulation 1 provides for citation and commencement.

Regulation 2 provides definitions for certain terms used in these Regulations.

Regulation 3 defines a relevant claimant for the purposes of these Regulations. Generally, these Regulations apply to a person who is in receipt of a specified benefit, except for people who were excluded by the earlier Regulations, people who fall under a different work-focused interview regime, people aged over 59 or people exempted by reason of being incapable of work.

Regulation 4 sets out the purposes of a work-focused interview.

Regulation 5 provides that a relevant claimant is required to take part in one or more work-focused interviews if so required by the Secretary of State, unless the person is exempted or the work-focused interview is deferred.

Regulation 6(1) provides that the Secretary of State must inform the relevant claimant of the time, date and place of the work-focused interview. Regulation 6(2) provides that a work-focused interview may take place at a relevant claimant’s home in certain circumstances. Regulation 6(3) to (5) sets out a list of factors to determine whether a relevant claimant has taken part in a work-focused interview.

Regulation 7 provides for the making of an action plan in relation to the relevant claimant.

Regulation 8 provides for the case where a relevant claimant has failed to take part in a work-focused interview. Paragraph (1) gives a relevant claimant an opportunity to show good cause why he or she has failed to take part in a work-focused interview. Paragraph (2) provides for a list of ‘good cause’ reasons. Paragraph (3) mandates that a relevant claimant who has failed to show good cause for taking part in a work-focused interview shall suffer the consequences set out in regulation 9.

Regulation 9 sets out the consequences of a failure to show good cause for not taking part in a work-focused interview. Generally, these consequences are a 50% reduction of the amount of the work-related activity component of benefit for the first 4 weeks, followed by a 100% reduction in subsequent weeks. The “work-related activity component” is a reference to an amount specified under the Employment and Support Allowance Regulations 2008. Paragraphs (2) to (6) provide for an order of priority of reductions in a case where more than one specified benefit is paid to a relevant claimant. Paragraphs (8) to (11) provide for the consequences set out in paragraph (1) to come to an end in certain circumstances.

Regulation 10 provides for an appeal path from a relevant decision made under regulation 8(3).

Regulation 11 provides that certain powers under these Regulations may be exercised by a person, or employees of that person, authorised by the Secretary of State.

Regulation 12 provides that certain sets of Regulations are revoked, makes minor consequential amendments to two other sets of Regulations and includes a savings and a transitional provision. Paragraph (1) revokes the 2003 Regulations and all of the instruments that amended those Regulations. Paragraphs (2) and (3) update references in two other instruments, in provisions stating that the 2003 Regulations do not apply to certain claimants, to ensure that Regulations do not apply to the same claimants. Paragraph (4) is a savings provision to ensure that a person who is subject to a sanction on the date on which these Regulations come into force remains subject to the sanctions regime under the 2003 Regulations. Paragraph (5) is a transitional provision and provides that a person subject to a saved sanction is transitioned to these Regulations upon the ending of that sanction.

A full impact assessment has not been produced for this instrument as it has no impact on the private or voluntary sectors.