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Statutory Rules of Northern Ireland


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2001 No. 176

HOUSING; RATES; SOCIAL SECURITY

FAMILY LAW; CHILD SUPPORT

The Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2001

  Made 12th April 2001 
  Coming into operation 14th May 2001 

The Department for Social Development, in exercise of the powers conferred by sections 2A, 2B(6) and (7), 5(1)(a) and (b) and 165(1) and (4) to (7A) of the Social Security Administration (Northern Ireland) Act 1992[1], section 122(1)(d) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[2] and Article 73(4) of the Welfare Reform and Pensions (Northern Ireland) Order 1999[3], and now vested in it[4], and of all other powers enabling it in that behalf, with the consent of the Department of Finance and Personnel in so far as regulation 15(1) and Schedule 2 are concerned[5], and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it[6], hereby makes the following Regulations:



Part I

General

Citation, commencement and interpretation
     1.  - (1) These Regulations may be cited as the Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2001 and shall come into operation on 14th May 2001.

    (2) In these Regulations - 

    (3) In these Regulations, a "relevant person" is a person who resides in a postcode district specified in Schedule 1.

    (4) For the purposes of these Regulations - 

    (5) 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.

    (6) These Regulations apply in respect of a specified benefit claimed on or after 14th May 2001.

    (7) The Interpretation Act (Northern Ireland) 1954[11] shall apply to these Regulations as it applies to an Act of the Assembly.

Work-focused interview
     2. In these Regulations, a "work-focused interview" means an interview with a relevant person conducted for any or all of the following purposes - 



Part II

Work-focused Interviews

Persons required to take part in an interview
    
3.  - (1) This regulation is subject to the provisions of regulations 4, 7, 8 and 9.

    (2) A relevant person who - 

is required to take part in an interview.

    (3) A designated authority to whom a claim is made shall arrange for the person to whom the claim relates and who is required in accordance with these Regulations to take part in an interview to have a personal adviser.

    (4) A personal adviser shall except where paragraph (6) applies conduct the interview.

    (5) The interview shall take place at an office of the designated authority or at such other place as may be notified to that person by an officer of the Department or of the Department of Higher and Further Education, Training and Employment.

    (6) Where the claimant has not attained the age of 18, the designated authority shall arrange for the claimant to have an interview with an officer of the Careers Service.

Exemptions
    
4.  - (1) The following claims for a specified benefit do not give rise to an interview under regulation 3 - 

    (2) Notwithstanding paragraph 1(b) and (c), a claim for a specified benefit shall give rise to an interview under regulation 4 where - 

    (3) The following claims for housing benefit do not give rise to an interview under regulation 3 - 

Continuing entitlement dependent upon an interview
     5.  - (1) A relevant 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 a work-focused interview, or who would have taken part in such an interview but for the requirement being waived in accordance with regulation 6 or deferred in accordance with regulation 7.

    (3) The circumstances specified in this paragraph are that the lone parent - 

    (4) The circumstances specified in this paragraph are those where - 

    (5) In this regulation - 

Waiver
     6.  - (1) A requirement to take part in an interview imposed by these Regulations shall not apply where an officer of the Department or of the Department of Higher and Further Education, Training and Employment determines in the case of any particular person making a claim that the interview - 

    (2) A person in relation to whom the requirement to take part in an interview has been waived shall be treated for the purposes of any claim for or entitlement to a specified benefit as having complied with that requirement.

Deferment of interview
    
7.  - (1) Except in a case to which paragraph (2) refers, an officer of the Department or of the Department of Higher and Further Education, Training and Employment shall arrange for an interview to take place as soon as reasonably practicable after the claim is made or the event which under regulation 5(3) or (4) gives rise to the interview occurs.

    (2) This paragraph applies where an officer of the Department or of the Department of Higher and Further Education, Training and Employment determines in the case of any particular person that the requirement to take part in an interview shall not apply at the time the claim is made or the event occurs because an interview would not at that time - 

    (3) An officer of the Department or of the Department of Higher and Further Education, Training and Employment who determines in accordance with paragraph (2) that the requirement to take part in an interview shall not apply shall also determine either when that determination is made or later, the time when the requirement to take part in an interview is to apply in the claimant's case.

    (4) Where an interview has been deferred in accordance with this regulation, then until both - 

he shall be treated for the purposes of any claim for or entitlement to a specified benefit as having complied with any requirement to take part in an interview.

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) An officer of the Department or of the Department of Higher and Further Education, Training and Employment shall inform the claimant of the place and time of the interview.

    (2) The officer may determine that the interview is to take place in the home of the claimant or elsewhere where it would in his opinion be unreasonable to expect the claimant to attend the office of a designated authority because his personal circumstances are such that attending the office would cause him undue inconvenience or endanger his health.

Taking part in an interview
    
10.  - (1) The personal adviser shall determine whether a person has taken part in an interview.

    (2) A person who has attained the age of 18 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, and only if, he attends an interview with the Careers Service at the time and place notified to him by an officer of the Department or of the Department of Higher and Further Education, Training and Employment.

Failure to take part in an interview
    
11.  - (1) A person who - 

shall, subject to paragraph (12), suffer the consequences set out below.

    (2) Those consequences are - 

    (3) Benefit reduced in accordance with paragraph (2)(c) shall not be reduced below - 

    (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), the amount set out in paragraph 3(a) or, as the case may be, (b) 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 the minimum sums specified in paragraph (3) 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 rate 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 specified benefit because he failed to take part in a work-focused interview shall be required to make a new claim in order to establish entitlement to that 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 the personal adviser 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 the person - 

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 of a designated authority or any decision under Article 11 of the 1998 Order (decisions superseding earlier decisions) superseding such a decision.

    (2) This regulation applies - 

    (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.

Consequential amendments
    
15.  - (1) Schedule 2, which makes changes to the Housing Benefit Regulations which are consequential upon the making of decisions under these Regulations on the work-focused interview, shall have effect.

    (2) Schedule 3, which makes changes to the Claims and Payments Regulations, shall have effect.

    (3) Schedule 4, which makes changes to the procedure relating to decisions and appeals, shall have effect.

    (4) In regulation 4 of the Social Security (Work-focused Interviews for Lone Parents) Regulations (Northern Ireland) 2001[
16] (circumstances where requirement to take part in an interview does not apply) after paragraph (c) there shall be added the following - 



Sealed with the Official Seal of the Department for Social Development on


12th April 2001.

L.S.


John O'Neill
Senior Officer of the Department for Social Development


The Department of Finance and Personnel hereby consents to regulation 15(1) and Schedule 2 of the foregoing Regulations.



Sealed with the Official Seal of the Department of Finance and Personnel on


13th April 2001.

L.S.


Jack Layberry
Senior Officer of the Department of Finance and Personnel


SCHEDULE 1
Regulation 1(3)


Postcode Districts


BT62, but only the following parts:

BT68 and BT69.

BT70, but only the following parts:

BT71, but only the following parts:

BT77, but only the following parts:

BT78, but only the following part:

BT80, but only the following parts:



SCHEDULE 2
Regulation 15(1)


Housing Benefit Amendments


     1. The Housing Benefit Regulations shall be amended in accordance with paragraphs 2 to 6.

     2. In regulation 2(1) (interpretation), after the definition of "voluntary organisation"[
17], there shall be inserted the following definitions - 

     3.  - (1) In regulation 68(1)[18] (date on which change of circumstances is to take effect) for "applies" there shall be substituted "or regulation 68A applies".

    (2) After regulation 68 there shall be inserted the following regulation - 

     4. In regulation 79 (review of determinations) - 

     5. In regulation 81 (further review of determinations) - 

     6. In Schedule 6 (matters to be included in the Notice of Determination), the following Part shall be added at the end - 





SCHEDULE 3
Regulation 15(2)


Claims and Payments Amendments


     1. The Claims and Payments Regulations shall be amended in accordance with paragraphs 2 to 4.

     2. In regulation 4 (making a claim for benefit) after paragraph (1C)[
21] there shall be inserted the following paragraph - 

     3. In regulation 6(1)[23] (date of claim) after "this regulation" there shall be inserted "or regulation 6A".

     4. After regulation 6, there shall be inserted the following regulation - 



SCHEDULE 4
Regulation 15(3)


Decisions and Appeals


     1. The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999[
25] shall be amended in accordance with paragraphs 2 to 7.

     2. In regulation 1(2) (interpretation) - 

     3. In regulation 3 (revision of decisions) - 

     4. In regulation 6(2) (supersession of decisions), after sub-paragraph (g[31]) there shall be added - 

     5. In regulation 7 (date from which a decision superseded under Article 11 takes effect), after paragraph (24) there shall be added the following paragraphs - 

     6. In regulation 33(1)(b)[32] (making of appeals and applications) after head (ii) there shall be inserted the following head - 

     7. In Schedule 1(decisions against which no appeal lies), after paragraph 23 there shall be added the following paragraph - 

     8. In regulation 1(2) of the Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992[33] (interpretation) - 

     9. In regulation 1(2) of the Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996[35] (interpretation) - 



EXPLANATORY NOTE

(This note is not part of the Regulations.)


These Regulations make provision for the introduction of work-focused interviews in the postcode districts specified in Schedule 1.

Part I of these Regulations contains general provisions relating to their citation, commencement and interpretation (regulations 1 and 2). They also provide for the Regulations to apply in certain areas only.

Part II relates to the work-focused interview. Regulation 3 specifies those persons claiming social security benefits who are required to take part in a work-focused interview. Regulation 4 specifies a number of exemptions. Regulation 5 specifies circumstances in which a claimant's continuing entitlement to the full amount of benefit is to be dependent upon his taking part in a work-focused interview.

Regulations 6 and 7 contain provisions as to waiver and deferment. Regulation 8 specifies when a requirement to take part in two or more work-focused interviews is satisfied by the person taking part in a single interview.

Regulation 10 sets out the requirements for taking part in a work-focused interview and regulation 11 details the consequences of a failure to take part in the interview. Regulation 12 specifies circumstances where those consequences do not apply. Regulation 13 specifies the matters to be taken into account in determining whether a person had good cause for his failure to take part in an interview.

Regulation 14 provides a right of appeal against a decision that a person did not take part in a work-focused interview.

Regulation 15 and Schedules 2 to 4 contain amendments consequential upon these changes.

These Regulations do not impose a charge on business.


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)); section 165(1) was amended by paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) and section 165(7A) was inserted by paragraph 58 of Schedule 9 to the Welfare Reform and Pensions (Northern Ireland) Order 1999back

[2] 1992 c.7back

[3] S.I. 1999/3147 (N.I. 11)back

[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 (c.7); 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. 481 which transferred the consent functions under section 171(6A) from the Department of the Environment to the Department of Finance and Personnelback

[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] S.R. 1987 No.465; relevant amending Regulations are S.R. 1997 No. 156back

[9] S.R. 1987 No.461; relevant amending Regulations are S.R. 1991 No. 337, S.R. 1993 Nos. 218 and 381, S.R. 1995 No.89, S.R. 1996 No.334, S.R. 1999 Nos. 342 and 416back

[10] 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

[11] 1954 c. 33 (N.I.)back

[12] S.R. 1996 No. 198back

[13] Schedule A1 was inserted by regulation 2(4) of, and Schedule 1 to, S.R. 2000 No. 350back

[14] S.I. 1995/2705(N.I.15); Article 3(2B) was inserted by paragraph 3(3) of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999back

[15] S.R. 2000 No. 4back

[16] S.R. 2001 No. 152back

[17] The definition of "voluntary organisation" was inserted by regulation 2 of S.R. 1995 No.89back

[18] Regulation 68(1) was amended by regulation 6(a) of S.R. 1999 No.416back

[19] Words inserted by regulation 2(2)(a) of S.R. 1993 No. 218back

[20] Paragraph (1B) was inserted by regulation 2(2)(b) of S.R. 1993 No. 218back

[21] Paragraph (1C) was inserted by regulation 3(3)(b) of S.R. 1997 No. 156back

[22] Paragraph (1A) was inserted by regulation 3(4)(b) of S.R. 1997 No. 156back

[23] Regulation 6(1) was amended by regulation 3(4)(a)(i) of S.R. 1997 No. 156back

[24] Paragraph (1A) was inserted by regulation 3(3)(b) of S.R. 1997 No. 156back

[25] S.R. 1999 No.162; relevant amending rules are S.R. 1999 Nos. 267, 271 (C. 22) and 272 and S.R. 2000 No. 215back

[26] The definition of "official error" was amended by Article 3(2)(a)(iii) of S.R. 1999 No. 271 (C.22) and regulation 6(2)(d) of S.R. 2000 No. 215back

[27] Definition of "widowed parent's allowance" was added by regulation 12(2)(b) of S.R. 2001 No. 108back

[28] S.R. 2001 No. 176back

[29] Section 2B was inserted by Article 54 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))back

[30] Sub-paragraph (d) was added by Article 3(3)(b) of S.R. 1999 No. 271 (C. 22)back

[31] Sub-paragraph (g) was added by regulation 2(4) of S.R. 1999 No. 267back

[32] Sub-paragraph (b) was substituted by Article 3(4) of S.R. 1999 No. 271 (C. 22)back

[33] S.R. 1992 No. 340; relevant amending Regulations are S.R. 1999 No. 167 and S.R. 2000 No. 215back

[34] Definition of "official error"was inserted by regulation 2(2)(a) of S.R. 1999 No.167 and amended by regulation 4(2) of S.R. 2000 No. 215back

[35] S.R. 1996 No. 541; relevant amending Regulations are S.R. 1999 No. 167 and S.R. 2000 No. 215back

[36] Definition of "official error" was inserted by regulation 3(2)(b) of S.R. 1999 No. 167 and amended by regulation 5(2) of S.R. 2000 No. 215back



ISBN 0-337-05377-4


  © Crown copyright 2001

Prepared 30 April 2001


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