BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

United Kingdom Statutory Instruments


You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Social Security (Incapacity Benefit Work-focused Interviews) Amendment (No. 2) Regulations 2005 No. 2604
URL: http://www.bailii.org/uk/legis/num_reg/2005/20052604.html

[New search] [Help]



STATUTORY INSTRUMENTS


2005 No. 2604

SOCIAL SECURITY

The Social Security (Incapacity Benefit Work-focused Interviews) Amendment (No. 2) Regulations 2005

  Made 19th September 2005 
  Laid before Parliament 26th September 2005 
  Coming into force 31st October 2005 

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 2A(1), 189(1), (4) to (6) and (7A) and 191 of the Social Security Administration Act 1992[1] and of all other powers enabling him in that behalf, and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it[2], 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) Amendment (No. 2) Regulations 2005 and shall come into force on 31st October 2005.

    (2) In these Regulations, "the 2003 Regulations" means the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2003[
3].

    (3) The 2003 Regulations shall be amended in accordance with these Regulations.

Amendment of the definitions in the 2003 Regulations
     2. In regulation 2 (interpretation)[4]—

Amendment of the Schedule to the 2003 Regulations
     3. After Part 2 of the Schedule, there is inserted as Parts 3 to 5 the Parts set out in the Schedule to these Regulations.



Signed by authority of the Secretary of State for Work and Pensions.


Margaret Hodge
Minister of State, Department for Work and Pensions

19th September 2005



SCHEDULE
Regulation 3


Amendment of the Schedule to the 2003 Regulations






EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2003 (S.I. 2003/2439) ("the principal Regulations") to increase the numbers of persons that can be required to attend work-focused interviews as a condition of their continued entitlement to full benefit. These Regulations and the principal Regulations apply to certain persons who claim incapacity benefit, severe disablement allowance, income support on the grounds of incapacity or income support whilst they are appealing against a decision which embodies a determination that they are not incapable of work ("specified benefits").

Regulation 2 amends the principal Regulations (so that they apply to an increased number of persons) by expanding the areas of the country in which they apply. Regulation 3 and the Schedule specify those new areas of the country. (Where a claimant claims more than one specified benefit, the reference to 7th February 2005 in the definition of "relevant person" inserted by regulation 2 may be used to determine, amongst other things, the number of interviews he is required to take part in.)

Regulation 2 also amends the specified benefits so that for income support claimed whilst a person is appealing against a decision which embodies a determination that they are not incapable of work, the only relevant date is the date of that claim.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.


Notes:

[1] 1992 c.5. Section 2A was inserted by section 57 of the Welfare Reform and Pensions Act 1999 (c.30). Section 189(1) and (4) to (6) was amended by paragraph 109 of Schedule 7 to the Social Security Act 1998 (c.14); section 189(1) was amended by paragraph 57(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2) and Schedule 6 to the Tax Credits Act 2002 (c.21); section 189(7A) was inserted by paragraph 82 of Schedule 12 to the Welfare Reform and Pensions Act 1999. Section 191 is cited because of the meaning there given to the word "prescribe".back

[2] See section 173(1)(b) of the Social Security Administration Act 1992.back

[3] S.I. 2003/2439. Amending instrument is S.I. 2005/3.back

[4] The definitions of "relevant person" and "specified benefit" were amended by S.I. 2005/3.back

[5] S.I. 1987/1967. Paragraphs 24 and 25 were amended by S.I. 1999/2422 (c.61) and paragraph 25 was amended by S.I. 1999/3109 and 2005/337.back



ISBN 0 11 073363 0


 © Crown copyright 2005

Prepared 26 September 2005


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/legis/num_reg/2005/20052604.html