The Employment and Support Allowance (Work-related Activity) Regulations (Northern Ireland) 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made under the provisions in Part 1 of the Welfare Reform Act (Northern Ireland) 2007. Section 13 of that Act introduced work-related activity requirements for claimants of employment and support allowance who are not in the “support group” (defined in section 24(4) as a person in respect of whom it is determined that they have, or are to be treated as having, limited capability for work-related activity).

Regulation 3 sets out the circumstances in which the Department may require a person to undertake work-related activity and who such a requirement may be applied to. It also makes clear that a requirement must be reasonable in the view of the Department, having regard to the person’s circumstances and may not require the person to apply for a job, undertake work or undergo medical treatment as part of the work-related activity requirement. It also provides that a lone parent with a child under the age of 13 may only be required to undertake work-related activity during normal school hours.

Regulation 4 sets out the circumstances in which the Department may exercise the power to give a direction under section 15 of the Act.

Regulation 5 sets out the way in which the Department must notify a person of a requirement to undertake work-related activity, by including the requirement in a written action plan.

Regulation 6 provides that the requirement to undertake work-related activity at or by a particular time may be adjusted in certain circumstances.

Regulation 7 sets out a right to request reconsideration of the action plan. On receipt of the request the action plan must be reconsidered and a decision notified to the person.

Regulation 8 sets out what happens if a person fails to undertake work-related activity and provides an opportunity to show good cause for the failure. If good cause is not shown, a sanction may be given under regulation 63 of the Employment and Support Allowance (Northern Ireland) Regulations 2008 as amended by regulation 11(8) of these Regulations.

Regulation 9 makes provision for contracting out the work-related activity functions (with the exception of functions relating to the consideration of good cause and the imposition of sanctions).

Regulation 10 makes certain consequential and miscellaneous amendments to the Employment and Support Allowance Regulations (Northern Ireland) 2008 to allow for work-focused interviews to be carried out other than in person, substitute new good cause provision for work-focused interview failures which align with work-related activity failures, apply the existing sanctions regime for failure to take part in a work-focused interview to any failure to undertake work-related activity and provide that travel and other expenses paid to persons in connection with their undertaking of work-related activity are disregarded as income and capital for the purposes of income-related employment and support allowance.

Regulation 11 makes a consequential amendment to the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999.

Regulation 12 makes other minor consequential revocations.

Sections 13 and 15 of the Welfare Reform Act (Northern Ireland) 2007, some of the enabling provisions under which these Regulations are made, were brought into operation on 11th July 2011, by virtue of the Welfare Reform (2007 Act) (Commencement No. 9) Order (Northern Ireland) (S.R. 2011 No. 260 (C.18)).

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.