Citation and commencement

1.  These Regulations may be cited as the Social Security (Incapacity Benefit Work-focused Interviews) (Amendment) Regulations (Northern Ireland) 2007 and shall come into operation on 2nd April 2007.

Amendment of the Social Security (Incapacity Benefit Work-focused Interviews) Regulations

2.—(1) The Social Security (Incapacity Benefit Work-focused Interviews) Regulations (Northern Ireland) 2005(3) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 1(2) (interpretation)—

(a) after the definition of “the 1998 Order” insert—

““area” includes postcode districts;”; and

(b) in the definition of “relevant person”(4)—

(i) for “a postcode district”, in both places, substitute “an area”; and

(ii) in paragraph (a)—

(aa) omit the word “or” after sub-paragraphs (i) and (ii); and

(bb) after sub-paragraph (iii) add—

“(iv) Part IV of the Schedule and who makes a claim for a specified benefit on or after 2nd April 2007; or”.

(3) After regulation 1 insert—

“Persons who change address

1A.  A relevant person to whom paragraph (a) of the definition of “relevant person” applies who, on or after 2nd April 2007,—

(a) ceases to reside in an area identified in one Part of the Schedule; and

(b) immediately begins residing in an area identified in a different Part of the Schedule,

shall be treated as continuing to fall within paragraph (a) of that definition.”.

(4) In the Schedule(5) (postcode districts)—

(a) in Part II in the entry relating to BT35—

(i) for “6RB” substitute “6RD”,

(ii) for “6SJ to 6SP” substitute “6SJ, 6SP”,

(iii) for “6SU to 6SY” substitute “6SW”, and

(iv) after “6TU to” insert “6UB, 6UE,”;

(b) in Part III omit “BT17 0LU.”; and

(c) after Part III add—

“PART IV

Any area administered by an office which is designated by the Department as a Pathways to Work office(6) for the purposes of these Regulations and not included in Parts I to III.”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Social Security (Incapacity Benefit Work-focused Interviews) Regulations (Northern Ireland) 2005 (“the principal Regulations”) to increase the number of persons that can be required to attend work-focused interviews as a condition of their continued entitlement to full benefit. The principal Regulations apply to certain persons who claim incapacity benefit, severe disablement allowance, income support on the grounds of incapacity benefit or income support whilst they are appealing a decision which embodies a determination that they are not incapable of work (“specified benefit”).

Regulation 2(2) amends the principal Regulations to include persons who reside in specified areas which are administered by offices designated as ‘Pathways to Work’ offices and who make a claim to a specified benefit on or after 2nd April 2007. Offices covering the whole of Northern Ireland could be designated as ‘Pathways to Work’ offices.

Regulation 2(3) amends the principal Regulations to provide that where a person is subject to the principal Regulations because he lives in a specified area (and meets the other relevant conditions), he can continue to be subject to those Regulations when he moves to another specified area on or after 2nd April 2007.

Regulation 2(4) amends the Schedule to the principal Regulations to extend the areas to which the principal 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.