Made | 20th May 2003 | ||
Coming into operation with regulation 1 |
(4) For the purposes of these Regulations -
(c) a person shall be deemed to be in part-time work where he is engaged in work for which payment is made but he is not engaged or deemed to be engaged in remunerative work.
(5) Except in a case where regulation 15(2) applies, regulations 2 to 14 apply in respect of a person who makes a claim for a specified benefit on or after 30th June 2003 at an office of the Department which is designated by the Department as a Jobs and Benefits Office for the purposes of these Regulations.
(6) Where a claim for benefit is made by a person ("the appointee") on behalf of another, references in these Regulations to a person claiming benefit shall be treated as a reference to the person on whose behalf the claim is made and not to the appointee.
(7) The Interpretation Act (Northern Ireland) 1954[10] shall apply to these Regulations as it applies to an Act of the Assembly.
Requirement for person claiming a specified benefit to take part in an interview
2.
- (1) Subject to regulations 5 to 8, a person who -
is required to take part in an interview.
(2) An officer shall, except where paragraph (3) applies, conduct the interview.
(3) An officer may, if he considers it appropriate in all the circumstances, arrange for a person who has not attained the age of 18 to attend an interview with the Careers Service.
Continuing entitlement to a specified benefit dependent on an interview
3.
- (1) Subject to regulations 5 to 8, a person who has not attained the age of 60 and who is entitled to a specified benefit, shall be required to take part in an interview as a condition of his continuing to be entitled to the full amount of benefit which is payable apart from these Regulations where paragraph (2) applies and -
(2) This paragraph applies in the case of a person who has taken part in an interview under regulation 2 or who would have taken part in such an interview but for the requirement being waived in accordance with regulation 5 or deferred in accordance with regulation 6.
(3) A lone parent to whom paragraph (1)(a) applies shall be required to take part in an interview -
(b) where the lone parent took part, failed to take part or was treated, by virtue of regulation 5(2), as having taken part, in an interview pursuant to the requirement arising in sub-paragraph (a), after the expiry of 6 months from the date on which -
(c) where the lone parent took part, failed to take part or was treated, by virtue of regulation 5(2), as having taken part, in an interview pursuant to the requirement arising in sub-paragraph (b), after the expiry of 12 months from the date on which -
(4) The circumstances specified in this paragraph are those where -
(5) A requirement to take part in an interview arises under this paragraph where a person has not been required to take part in an interview by virtue of paragraph (4) for at least 36 months.
(6) In this regulation -
Time when interview is to take place
4.
An officer shall arrange for an interview to take place as soon as reasonably practicable after -
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 -
(2) A 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 -
as having complied with that requirement.
Deferment of requirement to take part in an interview
6.
- (1) An officer may determine, in the case of any particular person, that the requirement to take part in an interview shall be deferred at the time the claim is made or the requirement to take part in an interview arises or applies because an interview would not at that time -
(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 person's case.
(3) Where a requirement to take part in an interview has been deferred in accordance with paragraph (1), then until -
that person shall be treated for the purposes of any claim for, or entitlement to, a specified benefit as having complied with that requirement.
Exemptions
7.
- (1) Subject to paragraph (2), persons who, on the day on which the claim for a specified benefit is made or the requirement to take part in an interview under regulation 3 or 6(2) arises or applies -
shall be exempt from the requirement to take part in an interview.
(2) Paragraph 1(b) shall not apply where -
Claims for two or more specified benefits
8.
A person who would otherwise be required under these Regulations to take part in interviews relating to more than one specified benefit -
The interview
9.
- (1) The officer shall inform a person who is required to take part in an interview of the place and time of the interview.
(2) The officer may determine that an interview is to take place in the person's home where it would, in his opinion, be unreasonable to expect that person to attend elsewhere because that person's personal circumstances are such that attending elsewhere would cause him undue inconvenience or endanger his health.
Taking part in an interview
10.
- (1) The officer shall determine whether a person has taken part in an interview.
(2) A person shall be regarded as having taken part in an interview if, and only if -
(3) A person who has not attained the age of 18 shall be regarded as having taken part in an interview if he attends an interview with the Careers Service at the place and time notified to him by an officer.
(4) Where an officer determines that a person has failed to take part in an interview and good cause has not been shown for that failure within 5 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[15] of the Social Security Administration (Northern Ireland) Act 1992 (work-focused interviews).
Failure to take part in an interview
11.
- (1) A person in respect of whom a relevant decision has been made in accordance with regulation 10(4) shall, subject to paragraph (11), suffer the consequences set out below.
(2) Those consequences are -
(3) Benefit reduced in accordance with paragraph (2)(c) shall not be reduced below ten pence per week.
(4) Where two or more specified benefits are in payment to a claimant, a reduction made in accordance with this regulation shall be applied, except in a case to which paragraph (5) applies, to the specified benefits in the following order of priority -
(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), 10 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 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 at 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 10 pence remaining in payment.
(8) Where the rate of any specified benefit payable to a claimant 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 claimant following the change.
(9) Where a claimant whose benefit has been reduced in accordance with this regulation subsequently takes part in an interview, 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.
(10) For the avoidance of doubt, a person who is regarded as not having made a claim for any benefit because he failed to take part in an interview shall be required to make a new claim in order to establish entitlement to any specified benefit.
(11) For the purposes of determining the amount of any benefit payable, a claimant shall be treated as receiving the amount of any specified benefit which would have been payable but for a reduction made in accordance with this regulation.
(12) The consequences set out in this regulation shall not apply in the case of a person who brings new facts to the notice of an officer within 1 month of the date on which the decision was notified and -
(13) In paragraphs (2) and (12), the "decision" means the decision that the person failed without good cause to take part in an interview.
Circumstances where regulation 11 does not apply
12.
The consequences of a failure to take part in an interview set out in regulation 11 shall not apply where -
Good cause
13.
Matters to be taken into account in determining whether a person has shown good cause for his failure to take part in an interview include -
Appeals
14.
- (1) This regulation applies to any relevant decision made under regulation 10(4) or any decision under Article 11 of the 1998 Order (decisions superseding earlier decisions) superseding such a 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 person in respect of whom the decision was made shall have a right of appeal under Article 13 of the 1998 Order (appeal to appeal tribunal) to an appeal tribunal.
Revocations and transitional provision
15.
- (1) Subject to paragraph (2), the Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2001[16] ("the 2001 Regulations") are hereby revoked to the extent specified in Schedule 1.
(2) Notwithstanding paragraph (1), the 2001 Regulations (except for regulations 3, 4 and 11(2)(a) and (b)) shall continue to apply as if these Regulations had not come into operation for the period specified in paragraph (3) in the case of a person who, on the day before the day on which these Regulations come into operation, is both a relevant person and entitled to a specified benefit for the purposes of those Regulations.
(3) The period specified for the purposes of paragraph (2) shall be the period beginning on the day on which these Regulations come into operation and ending on the day on which the person -
whichever shall first occur.
Amendments to regulations
16.
The amendments to regulations prescribed in Schedule 2 shall have effect.
Sealed with the Official Seal of the Department for Social Development on
20th May 2003.
L.S.
John O'Neill
Senior Officer of the Department for Social Development
The Department of Finance and Personnel hereby consents to regulation 16 of and paragraphs 2 and 7 of Schedule 2 to the foregoing Regulations.
Sealed with the Official Seal of the Department of Finance and Personnel on
20th May 2003.
L.S.
Rodney Scott
Senior Officer of the Department of Finance and Personnel
Regulations | Extent of revocation |
The Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2001 |
Regulation 1(2) - (7) save for the words "In these Regulations - " and the definitions of "the Claims and Payments Regulations" and the "Housing Benefit Regulations"; regulations 2 to 14; regulation 15(1); Schedules 1 and 2; In Schedule 4, paragraphs 2(d) and 3(b) |
(3) In regulation 19(5)(d)[19] (time for claiming benefit), after "Department", there shall be inserted ", the Department for Employment and Learning".
2.
In regulation 72(4) of the Housing Benefit (General) Regulations (Northern Ireland) 1987[20] (time and manner in which claims are to be made), sub-paragraph (d) shall be omitted.
3.
In regulation 1(2) of the Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992[21] (interpretation), for the definition of "designated authority" there shall be substituted the following definition -
4.
In regulation 1(2) of the Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996[22] (interpretation), for the definition of "designated authority" there shall be substituted the following definition -
5.
In the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999[23] -
(b) in regulation 3(11) (revision of decisions), for sub-paragraph (e)[27], there shall be substituted the following sub-paragraph -
6.
At the end of regulation 4(d) of the Social Security (Work-focused Interviews for Lone Parents) Regulations (Northern Ireland) 2001[28] (circumstances where requirement to take part in an interview does not apply) there shall be added ", or the Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2003".
7.
In the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001[29] -
(b) in regulation 4(7) (revision of decisions), the words from "or, in a case" to the end of the paragraph shall be omitted;
(c) in regulation 5(3)(c) (late application for a revision), the words from ", or in a case" to the end of the sub-paragraph shall be omitted;
(d) in regulation 7 (decisions superseding earlier decisions) -
(e) in regulation 20(1)(c) (making of appeals and applications), the words from ", or in a case" to the end of the sub-paragraph shall be omitted.
[4] See Article 8(b) of S.R. 1999 No. 481back
[5] See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992; subsection (6A) was inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8)); see also Article 6(b) of S.R. 1999 No. 481back
[6] See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992back
[7] S.I. 1998/1506 (N.I. 10)back
[8] 1992 c. 7; section 20(1)(ea) was inserted by Article 67 and paragraph 2(2)(b) of Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))back
[9] Regulation 4 was amended by regulation 3 of S.R. 1991 No. 337, regulation 3(a) and (b) of S.R. 1993 No. 381, regulation 4(a) and (b) of S.R. 1995 No. 89, regulation 3 of S.R. 1996 No. 334 and regulation 4(2) of S.R. 1999 No. 342back
[12] S.R. 1995 No. 41; the definition of "personal capability assessment" was inserted by regulation 2(2)(b) of S.R. 2000 No. 4back
[13] S.I. 1995/2705 (N.I. 15); the definition of "joint-claim couple" was inserted by Article 56 of and paragraph 3(4)(b) of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999back
[14] S.R. 1996 No. 198; regulation 3D was inserted by regulation 2(2) of S.R. 2000 No. 350 and amended by regulation 2(3) of S.R. 2001 No. 120back
[15] Section 2B was inserted by Article 54 of the Welfare Reform and Pensions (Northern Ireland) Order 1999back
[17] S.R. 1987 No. 465; relevant amending Regulations are S.R. 1997 No. 156 and S.R. 2001 Nos. 175 and 176back
[18] Regulation 6A was inserted by paragraph 4 of Schedule 3 to S.R. 2001 No. 176back
[19] Regulation 19 was substituted by regulation 3(7) of S.R. 1997 No. 156 and sub-paragraph (d) was amended by paragraph 2(7) of Schedule 2 to S.R. 2001 No. 175back
[20] S.R. 1987 No. 461; sub-paragraph (d) was added by regulation 8(2) of S.R. 2001 No. 175back
[21] S.R. 1992 No. 340; the definition of "designated authority" was inserted by paragraph 8(a) of Schedule 4 to S.R. 2001 No. 176back
[22] S.R. 1996 No. 541; the definition of "designated authority" was inserted by paragraph 9(a) of Schedule 4 to S.R. 2001 No. 176back
[23] S.R. 1999 No. 162; relevant amending Regulations are S.R. 2001 No. 176back
[24] The definition of "designated authority" was inserted by paragraph 2(a) of Schedule 4 to S.R. 2001 No. 176back
[25] The definition of "work-focused interview" was inserted by paragraph 2(d) of Schedule 4 to S.R. 2001 No. 176back
[26] The definition of "Work-focused Interviews Regulations" was inserted by paragraph 2(d) of Schedule 4 to S.R. 2001 No. 176back
[27] Sub-paragraph (e) was added by paragraph 3(b) of Schedule 4 to S.R. 2001 No. 176back
[28] S.R. 2001 No. 152; paragraph (d) was added by regulation 15(4) of S.R. 2001 No. 176back