The Social Security (Incapacity Benefit Work-focused Interviews) Regulations (Northern Ireland) 2005 No. 414

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Statutory Rules of Northern Ireland

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STATUTORY RULES OF NORTHERN IRELAND

2005 No. 414
SOCIAL SECURITY
The Social Security (Incapacity Benefit Work-focused Interviews) Regulations (Northern Ireland) 2005

	Made	1st September 2005
	Coming into operation	3rd October 2005

The Department for Social Development, in exercise of the powers conferred by sections 2A(1), (3) to (6) and (8), 2B(6) and (7) and 165(4) to (6) and (7A) of the Social Security Administration (Northern Ireland) Act 1992[1], and now vested in it[2], and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation
1. —(1) These Regulations may be cited as the Social Security (Incapacity Benefit Work-focused Interviews) Regulations (Northern Ireland) 2005 and shall come into operation on 3rd October 2005.

(2) In these Regulations—

"the 1998 Order" means the Social Security (Northern Ireland) Order 1998[

"benefit week" means any period of seven days corresponding to the week in respect of which the relevant specified benefit is due to be paid;

"interview" means a work-focused interview with a relevant person who has claimed a specified benefit and which is conducted for any or all of the following purposes—

"officer" means a person who is an officer of the Department or of the Department for Employment and Learning;

"relevant person" means a person who resides in a postcode district identified in the Schedule and—

but where paragraphs (a) and (b) would otherwise apply to a person, only paragraph (b) shall be taken to apply.

"specified benefit" means—

(3) The Interpretation Act (Northern Ireland) 1954[8] shall apply to these Regulations as it applies to an Act of the Assembly.

Requirement for a relevant person entitled to a specified benefit to take part in an interview
2. —(1) Subject to paragraphs (2) and (3) and regulations 5 to 7, a relevant person who—

(a) is entitled to a specified benefit; and

(b) has attained the age of 18 but has not attained the age of 60—

shall be required to take part in an interview as a condition of his continuing to be entitled to the full amount of the specified benefit which is payable to him.

(2) A relevant person who—

(a) has taken part in an interview under paragraph (1) by virtue of—

entitled to a specified benefit; and

(b) becomes entitled to—

after having been entitled to the specified benefit referred to in sub-paragraph (a) and before becoming entitled to the specified benefit referred to in sub-paragraph (b),

shall not be required to take part in a further interview under paragraph (1).

(3) A relevant person who becomes entitled to two or more specified benefits and has not taken part in an interview under paragraph (1) by virtue of that entitlement—

(a) is only required to take part in one interview under that paragraph; and

(b) that interview counts for the purposes of all those benefits.

(4) An officer shall arrange for the interview referred to in paragraph (1) to take place in respect of a relevant person—

(a) to whom paragraph (a) of the definition of "relevant person" applies, after the expiry of eight weeks after the date the claim for a specified benefit is made or as soon as is reasonably practicable thereafter; or

(b) to whom paragraph (b) of the definition of "relevant person" applies, on a date the officer determines.

Continuing entitlement to a specified benefit dependent upon an interview
3. —(1) Subject to paragraph (3) and regulations 5 to 7, a relevant person who—

(a) has taken part in an interview under regulation 2;

(b) is entitled to a specified benefit; and

(c) has not attained the age of 60,

shall be required to take part in a sequence of further interviews as provided for by paragraph (2), each at, or as soon as is reasonably practicable after, the expiry of one month from the day he last took part in an interview, the day he was treated under regulation 5 as having complied with such a requirement to take part in an interview or, as the case may be, the day a relevant decision was made under regulation 8(4), as a condition of his continuing to be entitled to the full amount of the specified benefit which is payable to him.

(2) A relevant person to whom—

(a) paragraph (a) of the definition of "relevant person" applies, shall be required to take part in a sequence of five further interviews;

(b) paragraph (b) of the definition of "relevant person" applies, shall be required to take part in a sequence of two further interviews.

(3) A relevant person who—

(a) has taken part in one or more interviews under paragraph (1) by virtue of—

entitled to a specified benefit; and

(b) becomes entitled to—

after having been entitled to the specified benefit referred to in sub-paragraph (a) and before becoming entitled to the specified benefit referred to in sub-paragraph (b),

shall be required to continue to take part in the sequence of interviews in accordance with paragraph (1) until he has taken part in a total of five or, as the case may be, two such interviews.

(4) Subject to regulations 5 and 6, where a relevant person—

(a) has taken part in the five or, as the case may be, two further interviews referred to in paragraph (2);

(b) is entitled to a specified benefit; and

(c) has not attained the age of 60,

he shall be required to take part in an interview as a condition of his continuing to be entitled to the full amount of the specified benefit which is payable to him where any of the circumstances specified in paragraph (7) applies or where paragraph (8) applies.

(5) Subject to regulations 5 and 6, where a relevant person—

(a) has had the requirement to take part in the five or, as the case may be, two interviews referred to in paragraph (2) waived in accordance with regulation 5;

(b) is entitled to a specified benefit; and

(c) has not attained the age of 60,

(a) a relevant person falls within paragraph (a) of the definition of "relevant person";

(b) regulation 7 applies to the relevant person;

(c) the relevant person is entitled to a specified benefit; and

(d) the relevant person has not attained the age of 60,

he shall be required to take part in an interview as a condition of his continuing to be entitled to the full amount of the specified benefit which is payable to him where any of the circumstances specified in paragraph (7) applies or where paragraph (8) applies.

(7) The circumstances specified in this paragraph are those where—

(a) it is determined in accordance with a personal capability assessment that a relevant person is incapable of work and therefore, continues to be entitled to a specified benefit;

(b) a relevant person's entitlement to a carer's allowance ceases whilst his entitlement to a specified benefit continues;

(c) a relevant person becomes engaged or ceases to be engaged in part-time work; or

(d) a relevant person has been undergoing education, training or a rehabilitation programme arranged by an officer and that education, training or rehabilitation programme comes to an end.

    (8) A requirement to take part in an interview arises under this paragraph where a relevant person has not been required to take part in an interview under paragraphs (4) to (6) for at least 36 months from the date he last took part in an interview.

The interview
     4. —(1) The officer shall inform a relevant person who is required to take part in an interview of the time and place of the interview.

    (2) An officer shall conduct the interview.

    (3) The officer may determine that an interview is to take place in the relevant person's home where it would, in the officer's opinion, be unreasonable to expect that relevant person to attend elsewhere because that relevant person's personal circumstances are such that attending elsewhere would cause him undue inconvenience or endanger his health.

Waiver of requirement to take part in an interview
     5. —(1) A requirement imposed by these Regulations to take part in an interview shall not apply where an officer determines that an interview would not be—

(a) of assistance to the relevant person concerned; or

(b) appropriate in the circumstances.

(2) A relevant person in relation to whom a requirement to take part in an interview has been waived under paragraph (1) shall be treated for the purposes of—

(a) regulation 2 or 3; and

(b) entitlement to a specified benefit,

as having complied with that requirement in respect of that interview.

Deferment of requirement to take part in an interview
6. —(1) An officer may determine, in the case of a relevant person, that the requirement to take part in an interview shall be deferred at the time the requirement to take part in an interview arises or applies because an interview would not at that time be—

(a) of assistance to that relevant person; or

(b) appropriate in the circumstances.

(2) Where the officer determines in accordance with paragraph (1) that the requirement to take part in an interview shall be deferred, he shall also determine when that determination is made, the time when the requirement to take part in an interview is to apply in the relevant person's case.

(3) Where a requirement to take part in an interview has been deferred in accordance with paragraph (1), then until—

(a) a determination is made under regulation 5(1);

(b) the relevant person takes part in an interview; or

(c) a relevant decision has been made in relation to that relevant person in accordance with regulation 8(4),

that relevant person shall be treated for the purposes of entitlement to a specified benefit as having complied with that requirement.

Exemptions
7. A relevant person to whom—

(a) paragraph (a) of the definition of "relevant person" applies, shall be exempt from the requirement to take part in any interview under regulation 3(1);

(b) paragraph (b) of the definition of "relevant person" applies, shall be exempt from the requirement to take part in any interview under regulation 2(1) or 3,

if, on the day on which the requirement to take part in that interview arises or applies, the relevant person is treated as incapable of work in accordance with the provisions of regulation 10 of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995[9] (certain persons with a severe condition to be treated as incapable of work).

Taking part in an interview
8. —(1) The officer shall determine whether a relevant person has taken part in an interview.

(2) A relevant person shall be regarded as having taken part in an interview referred to in regulation 2 if—

(a) he attends for the interview at the place and time notified to him by the officer;

(b) he participates in discussions with the officer in relation to the relevant person's employability, including any action the relevant person and the officer agree is reasonable and they are willing to take in order to help the relevant person enhance his employment prospects;

(c) he provides answers (where asked) to questions and appropriate information about—

(d) he assists the officer in the completion of an action plan which records the matters discussed in relation to sub-paragraph (b).

(3) A relevant person shall be regarded as having taken part in any one of the interviews referred to in regulation 3 if

(a) he attends for the interview at the place and time notified to him by the officer;

(b) he participates in discussions with the officer—

(d) he assists the officer in the completion of any amendment of the action plan referred to in paragraph (2)(d) in light of the matters discussed in relation to sub-paragraph (b) and the information provided in relation to sub-paragraph (c).

    (4) Where an officer determines that a relevant person has failed to take part in an interview and good cause has not been shown for that failure within five working days of the day on which the interview was to take place, a relevant decision shall be made for the purposes of section 2B of the Social Security Administration (Northern Ireland) Act 1992 (supplementary provisions relating to work-focused interviews).

Failure to take part in an interview
     9. —(1) A relevant person in respect of whom a relevant decision has been made in accordance with regulation 8(4) shall, subject to paragraph (12), suffer the consequences specified in paragraph (2).

    (2) The consequences specified in this paragraph are, subject to paragraphs (3) and (4), that the relevant person's benefit shall be reduced as from the first day of the next benefit week following the day a relevant decision was made, by a sum equal to 20 per cent. of the amount applicable on the date the first reduction commences in respect of a single claimant for income support aged not less than 25.

    (3) Benefit reduced in accordance with paragraph (2) shall not be reduced below ten pence per week.

    (4) Where two or more specified benefits are in payment to a relevant person, a reduction made in accordance with paragraph (2) shall be applied, except in a case to which paragraph (5) applies, to the specified benefits in the following order of priority—

(a) income support;

(b) incapacity benefit;

(c) severe disablement allowance.

    (5) Where the amount of the reduction is greater than some, but not all, of the specified benefits listed in paragraph (4), the reduction shall be made against the first benefit in that list which is the same as, or greater than, the amount of the reduction.

    (6) For the purpose of determining whether a specified benefit is the same as, or greater than, the amount of the reduction for the purposes of paragraph (5), ten pence shall be added to the amount of the reduction.

    (7) In a case where the whole of the reduction cannot be applied against any one specified benefit because the amount of no one benefit is the same as, or greater than, the amount of the reduction, the reduction shall be applied against the first benefit in payment in the list of priorities in paragraph (4) and so on against each benefit in turn until the whole of the reduction is exhausted or, if this is not possible, the whole of the specified benefits are exhausted, subject in each case to ten pence remaining in payment.

    (8) Where the rate of any specified benefit payable to a relevant person changes, the rules set out above for a reduction in the benefit payable shall be applied to the new rates and any adjustments to the benefits against which the reductions are made shall take effect from the beginning of the first benefit week to commence for that relevant person following the change.

    (9) Paragraph (1) shall apply to a relevant person each time a relevant decision is made in accordance with regulation 8(4) in respect of him.

    (10) Where a relevant person whose benefit has been reduced in accordance with paragraph (2) subsequently takes part in an interview, the whole of the reduction shall cease to have effect on the first day of the benefit week in which the requirement to take part in an interview was met.

    (11) For the purposes of determining the amount of any benefit payable, a relevant person shall be treated as receiving the amount of any specified benefit which would have been payable but for a reduction made in accordance with paragraph (2).

    (12) The consequences specified in paragraph (2) shall not apply to a person who—

(a) brings new facts to the notice of an officer within one month of the date on which a relevant decision was notified to him and—

(b) is no longer required to take part in an interview as a condition for continuing to be entitled to the full amount of the specified benefit which is payable to him apart from these Regulations; or

(c) attains the age of 60.

Good cause
10. Matters to be taken into account in determining whether a relevant person has shown good cause for his failure to take part in an interview include—

(a) that the relevant person misunderstood the requirement to take part in the interview due to any learning, language or literacy difficulties of the relevant person or any misleading information given to the relevant person by the officer;

(b) that the relevant person was attending a medical or dental appointment, or accompanying a person for whom the relevant person has caring responsibilities to such an appointment, and that it would have been unreasonable, in the circumstances, to rearrange the appointment;

(c) that the relevant person had difficulties with his normal mode of transport and that no reasonable alternative was available;

(d) that the established customs and practices of the religion to which the relevant person belongs prevented him from attending on the day or at the time fixed for the interview;

(e) that the relevant person was attending an interview with an employer with a view to obtaining employment;

(f) that the relevant person was pursuing employment opportunities as a self-employed earner;

(g) that the relevant person or a dependant of his or a person for whom he provides care suffered an accident, sudden illness or relapse of a physical or mental health condition;

(h) that the relevant person was attending the funeral of a relative or close friend on the day fixed for the interview;

(i) that a disability from which the relevant person suffers made it impossible for him to attend at the time fixed for the interview.

Appeals
     11. —(1) This regulation applies to any relevant decision under regulation 8(4) or any decision made under Article 11 of the 1998 Order[10] (decisions superseding earlier decisions) superseding such a relevant decision.

    (2) This regulation applies whether the decision is as originally made or as revised under Article 10 of the 1998 Order (revision of decisions).

    (3) In the case of a decision to which this regulation applies, the relevant person in respect of whom the decision was made shall have a right of appeal under Article 13 of the 1998 Order [11](appeal to appeal tribunal) to an appeal tribunal.

Amendment of the Social Security (Work-focused Interviews) Regulations
     12. At the end of regulation 7 of the Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2003[12] (exemptions) there shall be added the following paragraph—

L.S.

D. A. Baker
A senior officer of the Department for Social Development

SCHEDULE

EXPLANATORY NOTE

(This note is not part of the Regulations.)

Notes:

[1] 1992 c. 8; sections 2A and 2B were inserted by Article 54 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and section 165(7A) was inserted by paragraph 58 of Schedule 9 to that Order

back

[2] See Article 8(b) of S.R. 1999 No. 481 back

[3] S.I. 1998/1506 (N.I. 10)back

[4] S.R. 1995 No. 41; Part III was amended by S.R. 1995 No. 149, S.R. 1996 No. 601, S.R. 2000 No. 4 and S.R. 2005 No. 15 back

[5] Section 2B(2) was amended by paragraph 6(b) of Schedule 1 to the Social Security Act (Northern Ireland) 2002 (c. 10 (N.I.))back

[6] S.R. 1987 No. 459; Schedule 1B was inserted by regulation 22 of, and Schedule 1 to, S.R. 1996 No. 199 back

[7] Paragraph 24 and 25 were amended by Article 9(4) of S.R. 1999 No. 371 (C. 28) and paragraph 25 was amended by regulation 4(3) of S.R. 2000 No. 4 and regulation 3 of S.R. 2005 No. 46 back

[8] 1954 c. 33 (N.I.)back

[9] S.R. 1995 No. 41; regulation 10 was amended by regulation 4(3) of S.R. 1995 No. 149, regulation 4(3) of S.R. 1996 No. 601, regulation 3 of S.R. 1997 No. 174 and regulation 2(5) of S.R. 2000 No. 4 back

[10] Article 11 was amended by paragraph 17 of Schedule 6 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)back

[11] Article 13 was amended by paragraph 19 of Schedule 6 to the Social Security Contributions (Transfer of functions, etc) (Northern Ireland) Order 1999 back

[12] S.R. 2003 No. 274 back

Prepared 12 September 2005

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	Statutory Rules of Northern Ireland
You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Social Security (Incapacity Benefit Work-focused Interviews) Regulations (Northern Ireland) 2005 No. 414 URL: http://www.bailii.org/nie/legis/num_reg/2005/20050414.html