Explanatory Note
(This note is not part of the Regulations.)
These Regulations impose a requirement on persons who claim, or are entitled to, certain benefits (specified in regulation 1(2)) to take part in a work-focused interview (“an interview”).
Regulation 2 specifies those persons who are required to take part in an interview when claiming a specified benefit and regulation 3 prescribes when persons are required to take part in an interview as a condition of their continuing entitlement to those benefits.
Regulation 4 prescribes the time when the interview is to take place. Regulation 5 provides that the requirement to take part in an interview can be waived where an interview would not be of assistance to the person or it would not be appropriate in the circumstances of the case and regulation 6 specifies that an interview can be deferred. Regulation 7 prescribes circumstances when a person is exempted from the requirement to take part in an interview. Regulation 8 specifies when a requirement to take part in two or more interviews is satisfied by the person taking part in a single interview.
Regulation 9 provides for the person to be advised of the time and place of the interview and provides that an interview can take place in the person’s home if the interviewer considers that it would be unreasonable to require that person to attend elsewhere.
Regulation 10 prescribes circumstances as to when a person is to be regarded as having taken part in an interview and regulation 11 details the consequences of a failure to take part in an interview. Regulation 12 specifies the circumstances where those consequences do not apply and 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 that a decision that a person has failed to take part in an interview without good cause can be appealed to an appeal tribunal under Article 11 of the Social Security (Northern Ireland) Order 1998.
Regulation 15 and Schedule 1 revoke previous regulations, with savings and a transitional provision, which imposed requirements on persons in certain areas to take part in interviews.
Regulation 16 and Schedule 2 make amendments to other regulations which are consequential both on these Regulations and the revocation and transitional effect of the regulations referred to in Schedule 1.
In so far as these Regulations are required, for the purposes of regulation 16, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992, (“the 1992 Act”), after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they 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 1992 Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.
These Regulations do not impose a charge on business.