The Social Security (Incapacity Benefit Work-focused Interviews) (Amendment) Regulations 2009

• Citation: S.I. 2009/1541
• Sections: 3

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Social Security (Incapacity Benefit Work-focused Interviews) (Amendment) Regulations 2009 and come into force on 26th October 2009.

(2) In these Regulations—

“the 2000 Regulations ” means the Social Security (Work-focused Interviews) Regulations 2000 ;

“the 2001 Regulations ” means the Social Security (Jobcentre Plus Interviews) Regulations 2001 ;

“the 2002 Regulations ” means the Social Security (Jobcentre Plus Interviews) Regulations 2002 ; and

“the principal Regulations ” means the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2008 .

Section 2 Amendments to the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2008

(1) The principal Regulations are amended as follows.

(2) In regulation 2(1) (interpretation) in the definition of “specified benefit” in sub-paragraph (b)(ii) for “capable” substitute “incapable”.

(3) For regulation 3(3) (relevant claimant) substitute—

(3) The second condition is that at least one of the following sub-paragraphs applies to the person—

(a) immediately before 15th December 2008 the person was a “relevant person” within the meaning of—

(i) the 2000 Regulations or the 2001 Regulations, as saved by regulation 16(2) of the 2002 Regulations, or

(ii) the 2003 Regulations;

(b) the person—

(i) is under 25 years of age,

(ii) is ordinarily resident in a Jobcentre Plus Pathways area identified in the Schedule, and

(iii) has been in receipt of a specified benefit for a continuous period of at least 12 months;

(c) at any time before 26th October 2009, the person has been required to take part in an interview under the 2002 Regulations by virtue of having made a claim for, or being entitled to, a specified benefit;

(d) the person makes a claim for a specified benefit in respect of a period beginning after 26th October 2008 and that claim is of a description referred to in regulation 2(2) of the Employment and Support Allowance (Transitional Provisions) Regulations 2008 .

(4) In regulation 8(3) (failure to take part in a work-focused interview) for “good cause has not been shown for that failure within five working days of that day on which the interview was to take place” substitute “the claimant has not shown good cause in accordance with regulation 8(1)”.

(5) In regulation 9(12)(a) (consequences of failure to take part in a work-focused interview) for “below 10” substitute “to below ten”.

(6) In regulation 12 (revocations, consequential amendments, savings and transitional provisions)—

(a) after paragraph (4) insert—

(4A) This paragraph applies to a relevant claimant who—

(a) at any time before 26th October 2009 has been required to take part in an interview under the 2002 Regulations by virtue of having made a claim for, or being entitled to, a specified benefit, and

(b) immediately before 26th October 2009 was subject to the consequences specified in regulation 12 (failure to take part in an interview) of the 2002 Regulations.

(4B) Where paragraph (4A) applies to a relevant claimant—

(a) the person continues to be subject to the consequences specified in regulation 12 of the 2002 Regulations, and

(b) any other provision of the 2002 Regulations continues to have effect insofar as is necessary to give full effect to sub-paragraph (a).

(b) in paragraph (5)—

(i) after “paragraph (4)(a)” insert “or (4A)(a)”;

(ii) for “that date” substitute “the date on which the reduction ceases to have effect”;

(iii) after “the 2003 Regulations” insert “or (as the case may be) regulation 12(2) of the 2002 Regulations”.

(7) At the end add the following Schedule—

For the purposes of regulation 3(3)(b)(ii) a Jobcentre Plus Pathway area is —

(a) any of the following Jobcentre Plus districts—

Ayrshire, Dumfries, Galloway and Inverclyde

Cumbria and Lancashire

Derbyshire

Dorset and Somerset

Essex

Glasgow

Greater Manchester Central

Highland, Islands, Clyde Coast and Grampian

Lanarkshire and East Dunbartonshire

Merseyside

Northumbria

South Tyne and Wear Valley

South Wales Valleys

South West Wales

South Yorkshire

Staffordshire

Tees Valley;

(b) an area served by the Jobcentre Plus offices at Runcorn or Widnes.

Section 3 The Social Security (Jobcentre Plus Interviews) Regulations 2002: amendment, saving and transitional provision

(1) The 2002 Regulations are amended as follows.

(2) In regulation 16(2) (revocations and transitional provision), for “, is both a relevant person and entitled to a specified benefit for the purposes of those Regulations” substitute—

—

(a) is a relevant person for the purposes of those Regulations,

(b) is entitled to income support, and

(c) does not fall within paragraph 7, 24 or 25 of Schedule 1B to the Income Support (General) Regulations 1987 (prescribed categories of person)

(3) Regulation 12 (failure to take part in an interview) of the 2000 Regulations and regulation 11 (failure to take part in an interview) of the 2001 Regulations (as saved by regulation 16(2) of the 2002 Regulations) continue to have effect as if the amendment set out in paragraph (2) above had not been made in respect of a person who immediately before 26th October 2009 is—

(a) entitled to a specified benefit as defined in the principal Regulations, and

(b) subject to the consequences specified in regulation 12 of the 2000 Regulations or regulation 11 of the 2001 Regulations.

(4) Any other provisions of the 2000 Regulations and the 2001 Regulations (as saved by regulation 16(2) of the 2002 Regulations, but disregarding the amendment in paragraph (2) above) continue to have effect insofar as it is necessary to give full effect to paragraph (3) above.

(5) For the purposes of regulation 9(8), (9) and (11) (consequences of failure to take part in a work-focused interview) of the principal Regulations, a person referred to in paragraph (3)(a) above is deemed to be subject to the consequences under regulation 9(1) of the principal Regulations; and as from the date on which these Regulations come into force, regulation 12 of the 2000 Regulations and regulation 11 of the 2001 Regulations cease to apply to that person.