The Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2008 No. 2928

Revocations, consequential amendments, savings and transitional provisions E+W+S

12.—(1) The following Regulations are revoked—

(a) the 2003 Regulations;

(b) The Social Security (Incapacity Benefit Work-focused Interviews) Amendment Regulations 2005 M1 ;

(c) The Social Security (Incapacity Benefit Work-focused Interviews) Amendment (No. 2) Regulations 2005 M2 ;

(d) The Social Security (Incapacity Benefit Work-focused Interviews) Amendment Regulations 2006 M3 ;

(e) The Social Security (Incapacity Benefit Work-focused Interviews) Amendment (No. 2) Regulations 2006 M4 .

(2) In regulation 4(4) of the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000 M5 , for “Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2003” substitute “ Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2008 ”.

(3) In regulation 8(3) of the 2002 Regulations, for “Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2003” substitute “ Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2008 ”.

(4) Despite paragraph (1)(a)—

(a) regulation 10(2) of the 2003 Regulations continues to have effect in respect of a person who immediately before these Regulations come into force is subject to the consequences specified in that provision; and

(b) any other provision of the 2003 Regulations continues to have effect insofar as is necessary to give full effect to sub-paragraph (a) above.

[F1 (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).]

(5) For the purposes of regulation 9(8), (9) and (11) (ending of a sanction), a person referred to in paragraph (4)(a) [F2 or (4A)(a)] above is deemed to be subject to the consequences under regulation 9(1) (a sanction imposed under these Regulations) and from [F3 the date on which the reduction ceases to have effect] regulation 10(2) of the 2003 Regulations [F4 or (as the case may be) regulation 12(2) of the 2002 Regulations] will cease to apply to that person.

Textual Amendments

F1 Reg. 12(4A) - Reg. 12(4B) inserted (26.10.2009) by Social Security (Incapacity Benefit Work-focused Interviews) (Amendment) Regulations 2009 (S.I. 2009/1541), regs. 1(1), 2(6)(a)

F2 Words in reg. 12(5) inserted (26.10.2009) by Social Security (Incapacity Benefit Work-focused Interviews) (Amendment) Regulations 2009 (S.I. 2009/1541), regs. 1(1), 2(6)(b)(i)

F3 Words in reg. 12(5) substituted (26.10.2009) by Social Security (Incapacity Benefit Work-focused Interviews) (Amendment) Regulations 2009 (S.I. 2009/1541), regs. 1(1), 2(6)(b)(ii)

F4 Words in reg. 12(5) inserted (26.10.2009) by Social Security (Incapacity Benefit Work-focused Interviews) (Amendment) Regulations 2009 (S.I. 2009/1541), regs. 1(1), 2(6)(b)(iii)

Marginal Citations

M1 S.I. 2005/3.

M2 S.I. 2005/2604.

M3 S.I. 2006/536.

M4 S.I. 2006/3088.

M5 S.I. 2000/1926. Regulation 4(4) was inserted by S.I. 2007/1034.