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The Social Security (Incapacity Benefit Work-focused Interviews) Amendment Regulations 2005
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- UK Statutory Instruments
- 2005 No. 3
- Explanatory Note
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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 extend the numbers of persons that 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, 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 benefits”).
The Schedule to these Regulations contains amendments to the principal Regulations.
Paragraph 1 of the Schedule amends the principal Regulations so that they apply to an increased number of persons who reside in certain areas of the country (“new persons”). It amends the specified benefits so that they apply in respect of new persons.
Paragraph 2 amends the provisions in the principal Regulations specifying who is required to take part in a work-focused interview. In particular, the amendments provide 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. It also provides for the Secretary of State to determine the date on which a new person’s first interview is to take place.
Paragraph 3 makes amendments so that new persons shall be required to take part in two rather than five further work-focused interviews.
Paragraphs 3(e) and 4 make amendments that exempt a new person from the requirement to take part in any work-focused interviews if they are deemed to be exempt from undergoing a personal capability assessment (which assesses the nature of their incapacity) because they have a severe condition.
A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.
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