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

Explanatory Note

(This note is not part of the Regulations.)

These Regulations impose a requirement on certain persons who claim, or have claimed, incapacity benefit, income support on the grounds of incapacity, income support whilst they are appealing against a decision which embodies a determination that they are not incapable of work, or severe disablement allowance (“specified benefit”) to take part in work-focused interviews.

Regulation 1 provides for interpretation. In particular, it provides for these Regulations to apply only to persons who reside in the postcode districts which are identified in the Schedule.

Regulation 2 specifies those persons who are required to take part in a work-focused interview. Regulation 2(2) provides that a person who has taken part in a work-focused interview under that regulation and whose entitlement to a specified benefit ends shall not be required to take part in another interview under that regulation if he becomes entitled to another specified benefit or if he regains entitlement to the original specified benefit. Regulation 2(2) does not apply, however, if the person has done some paid work or made a claim for a jobseeker’s allowance after his entitlement to a specified benefit ceased and before he became entitled to another specified benefit or regained entitlement to the original specified benefit. Regulation 2(3) provides that a person who is entitled to more than one specified benefit but has not taken part in a work-focused interview is required to take part in interviews for only one benefit. Regulation 2(4) provides for the determination of the date on which a person’s first interview is to take place.

Regulation 3 prescribes when a person shall be required to take part in a sequence of further work-focused interviews as a condition of his continuing entitlement to the full amount of a specified benefit. In particular, regulation 3(3) provides that a person who has taken part in one or more interviews under that regulation and whose entitlement to a specified benefit ends shall be required to continue to take part in the sequence of interviews under that regulation until he has taken part in a total of five, or as the case may be, two such interviews if he becomes entitled to another specified benefit or if he regains entitlement to the original specified benefit. Regulation 3(3) does not apply, however, if the person has done some paid work or made a claim for a jobseeker’s allowance after his entitlement to a specified benefit ceased and before he became entitled to another specified benefit or regained entitlement to the original specified benefit.

Regulation 2(2) or 3(3) would apply where a person’s entitlement to incapacity benefit ends and he then becomes entitled to income support whilst he is appealing against the decision which embodies a determination that he is not incapable of work. The effect of regulations 2(2) and 3(3) is that he continues with the work-focused interview process from the stage he reached before his original entitlement ceased without having to start the whole interview process again.

Regulation 4 provides for the person to be advised of the time and place of the work-focused interview and provides that such an interview can take place in the person’s home if the officer considers that it would be unreasonable to require the person to attend elsewhere.

Regulation 5 provides that the requirement to take part in a work-focused interview can be waived where an interview would not be of assistance to the person or it would not be appropriate in the circumstances of the case.

Regulation 6 provides that a work-focused interview can be deferred.

Regulation 7 provides that certain persons who are deemed to be exempt from undergoing a personal capability assessment (which assesses the nature of their incapacity) because of a severe condition shall be exempt from the requirement to take part in any work-focused interviews.

Regulation 8 prescribes the circumstances where a person is to be regarded as having taken part in a work-focused interview.

Regulation 9 sets out the consequences of a failure to take part in a work-focused interview, including how benefit shall be reduced for every failure to take part in such an interview and it specifies the circumstances where those consequences do not apply.

Regulation 10 specifies examples of matters to be taken into account in determining whether a person had good cause for his failure to take part in a work-focused interview.

Regulation 11 provides that a decision that a person has failed to take part in a work-focused interview without good cause can be appealed to an appeal tribunal under Article 11 of the Social Security (Northern Ireland) Order 1998.

Regulation 12 amends the Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2003 to provide that those Regulations shall not apply to a person to whom these Regulations apply.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

These Regulations do not impose a charge on business.