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PART 8N.I.CONDITIONALITY

CHAPTER 1N.I.Work-focused health-related assessment

Requirement to take part in a work-focused health-related assessmentN.I.

F147.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Work-focused health-related assessmentN.I.

F248.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Notification of assessmentN.I.

F349.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Determination of the place of the work-focused health-related assessmentN.I.

F450.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Taking part in a work-focused health-related assessmentN.I.

F551.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Deferral of requirement to take part in a work-focused health-related assessmentN.I.

F652.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Failure to take part in a work-focused health-related assessmentN.I.

F753.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CHAPTER 2N.I.Work-focused interviews

Requirement to take part in a work-focused interviewN.I.

54.—(1) The Department may require a claimant who satisfies the requirements in paragraph (2) to take part in one or more work-focused interviews as a condition of continuing to be entitled to the full amount of employment and support allowance payable to the claimant.

(2) The requirements referred to in paragraph (1) are that the claimant—

(a)is either—

(i)entitled to an employment and support allowance, or

(ii)a person in respect of whom an award has been made under regulation 146(1) (advance awards);

(b)is not a member of the support group;

(c)has not reached the age at which a woman of the same age as the claimant would attain pensionable age; and

(d)is not only entitled to a contributory allowance payable at a nil rate.

(3) Any requirement to take part in a work-focused interview ceases to have effect if the claimant ceases to satisfy the requirements in paragraph (2).

Commencement Information

I1Reg. 54 in operation at 27.10.2008, see reg. 1(1)

Work-focused interviewN.I.

55.  The purposes of a work-focused interview are any or all of the following—

(a)assessing the claimant’s prospects for remaining in or obtaining work;

(b)assisting or encouraging the claimant to remain in or obtain work;

(c)identifying activities that the claimant may undertake that will make remaining in or obtaining work more likely;

(d)identifying training, educational or rehabilitation opportunities for the claimant which may make it more likely that the claimant will remain in or obtain work or be able to do so;

(e)identifying current or future work opportunities, including self-employment opportunities, for the claimant, that are relevant to the claimant’s needs and abilities.

Commencement Information

I2Reg. 55 in operation at 27.10.2008, see reg. 1(1)

Notification of interviewN.I.

56.—(1) The Department must notify the claimant of the requirement to [F8take part in] the work-focused interview including details of the date, time and [F9if required to attend in person, the] place of the interview.

(2) A work-focused interview may take place at a claimant’s home if it is determined that requiring the claimant to attend elsewhere would cause undue inconvenience to, or endanger the health of, the claimant.

(3) The notification referred to in paragraph (1) may be in writing or otherwise.

Textual Amendments

Commencement Information

I3Reg. 56 in operation at 27.10.2008, see reg. 1(1)

Taking part in a work-focused interviewN.I.

57.—(1) A claimant is regarded as having taken part in a work-focused interview if the claimant—

(a)[F10if required to attend in person,] attends for the interview at the place, date and time notified in accordance with regulation 56;

[F11(aa)if not required to attend in person, is available and responds at the date and time notified in accordance with regulation 56 to any contact made at that time for the purpose of carrying out the interview;]

(b)provides information, if requested by the Department, about any or all of the matters set out in paragraph (2);

(c)participates in discussions to the extent the Department considers necessary, about any or all of the matters set out in paragraph (3);

F12(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The matters referred to in paragraph (1)(b) are—

(a)the claimant’s educational qualifications and vocational training;

(b)the claimant’s work history;

(c)the claimant’s aspirations for future work;

(d)the claimant’s skills that are relevant to work;

(e)the claimant’s work-related abilities;

(f)the claimant’s caring or childcare responsibilities; and

(g)any paid or unpaid work that the claimant is undertaking.

(3) The matters referred to in paragraph (1)(c) are—

(a)any activity the claimant is willing to undertake which may make remaining in or obtaining work more likely;

(b)any such activity that the claimant may have previously undertaken;

(c)any progress the claimant may have made towards remaining in or obtaining work;

(d)any work-focused health-related assessment the claimant may have taken part in; and

(e)the claimant’s opinion as to the extent to which the ability to remain in or obtain work is restricted by the claimant’s physical or mental condition.

Textual Amendments

Commencement Information

I4Reg. 57 in operation at 27.10.2008, see reg. 1(1)

Action planN.I.

F1358.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Deferral of requirement to take part in a work-focused interviewN.I.

59.—(1) A requirement to take part in a work-focused interview may be deferred or treated as having been deferred if at the time the work-focused interview is to take place, or was due to take place, such an interview would not at that time be or have been—

(a)of assistance to the claimant; or

(b)appropriate in the circumstances.

(2) A decision under paragraph (1) may be made at any time after the requirement to take part in the work-focused interview is imposed, including after the time that the work-focused interview was due to take place or took place.

(3) Where a requirement to take part in a work-focused interview is deferred, or treated as having been deferred, then the time that the work-focused interview is to take place must be re-determined.

Commencement Information

I5Reg. 59 in operation at 27.10.2008, see reg. 1(1)

Requirement to take part in a work-focused interview not to applyN.I.

60.  The Department may determine that a requirement on a claimant to take part in a work-focused interview is not to apply, or is to be treated as not having applied, if that interview would not be, or would not have been, of assistance because the claimant is, or was likely to be, starting or returning to work.

Commencement Information

I6Reg. 60 in operation at 27.10.2008, see reg. 1(1)

Failure to take part in a work-focused interviewN.I.

61.—(1) A claimant who is required to take part in a work-focused interview but fails to do so must show good cause for that failure within 5 working days of the date on which the Department gives notification of that failure.

(2) The Department must determine whether a claimant who is required to take part in a work-focused interview has failed to do so and, if so, whether the claimant has shown good cause for that failure in accordance with paragraph (1).

[F14(3) In deciding whether a person has shown good cause for the failure, the Department must take account of all the circumstances of the case including in particular the person’s physical or mental health or condition.]

Textual Amendments

Commencement Information

I7Reg. 61 in operation at 27.10.2008, see reg. 1(1)

Contracting out certain functions relating to work-focused interviewsN.I.

62.—(1) Any function of the Department specified in paragraph (2) may be exercised by, or by employees of, such person (if any) as may be authorised by the Department.

(2) The functions are any function under—

(a)regulation 54(1) (requirement to take part in a work-focused interview);

(b)regulation 56(1) and (2) (notification of interview);

(c)regulation 57(1)(b) and (c) (taking part in a work-focused interview);

F15(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)regulation 59(1) and (3) (deferral of requirement to take part in a work-focused interview);

(f)regulation 60 (requirement to take part in a work-focused interview not to apply).

Textual Amendments

Commencement Information

I8Reg. 62 in operation at 27.10.2008, see reg. 1(1)

CHAPTER 3N.I.Reduction of employment and support allowance

Reduction of employment and support allowanceN.I.

63.—[F16(1) Where the Department has determined—

(a)that a claimant who was required to take part in a work-focused interview has failed to do so and has failed to show good cause for that failure in accordance with regulation 61; or

(b)that a claimant who was required to undertake work-related activity has failed to do so and has failed to show good cause for that failure in accordance with regulation 8 of the Employment and Support Allowance (Work-related Activity) Regulations (Northern Ireland) 2011,

(“a failure determination”), the amount of the employment and support allowance payable to the claimant is to be reduced in accordance with this regulation.]

(2) Subject to paragraph (3), the amount of the reduction in relation to each failure determination is—

(a)50 per cent. of the amount of the work-related activity component as set out in Part 4 of Schedule 4 for the first 4 benefit weeks to which, by virtue of Article 11(5) of the 1998 Order or regulations made under Article 11(6) of that Order the reduction applies; and

(b)100 per cent. of the amount of that component for each subsequent benefit week.

(3) In any benefit week, the amount of an employment and support allowance payable to a claimant is not, by virtue of this regulation, to be reduced—

(a)below 10 pence;

(b)in relation to more than—

(i)one failure determination relating to [F17work-related activity] , and

(ii)one failure determination relating to a work-focused interview; and

(c)by more than 100 per cent. of the amount of the work-related activity component as set out in Part 4 of Schedule 4 in any circumstances.

(4) Where a claimant is entitled to both a contributory allowance and an income-related allowance, any reduction in the claimant’s allowance must first be applied to the part of that allowance treated as attributable to the claimant’s contributory allowance and only if there is any amount outstanding is it to be applied to the part of that allowance treated as attributable to the claimant’s income-related allowance.

(5) For the purposes of determining the amount of any income-related allowance payable, a claimant is to be treated as receiving the amount of any contributory allowance which would have been payable but for any reduction made in accordance with this regulation.

Textual Amendments

Commencement Information

I9Reg. 63 in operation at 27.10.2008, see reg. 1(1)

Cessation of reductionN.I.

64.—[F18(1) Any reduction imposed as a result of a failure determination which resulted from a failure to undertake work-related activity in accordance with the Employment and Support Allowance (Work-related Activity) Regulations (Northern Ireland) 2011 ceases to have effect if—

(a)the claimant complies with a requirement to undertake the work-related activity specified in the action plan or, where permitted by the Department, an alternative activity;

(b)the claimant subsequently ceases to be subject to a requirement to undertake work-related activity; or

(c)the Department decides it is no longer appropriate to require the person to undertake work-related activity at that time.]

[F19(1A) The Department must notify the person in writing—

(a)where an alternative activity is permitted under paragraph (1)(a) by inclusion of that activity in the action plan; and

(b)of any decision under paragraph (1)(c).]

(2) Any reduction imposed as a result of a failure determination which resulted from a failure to take part in a work-focused interview ceases to have effect if—

(a)the claimant complies with a requirement to [F20take part in] a work-focused interview; or

(b)the claimant subsequently ceases to meet the requirements set out in regulation 54(2).

Textual Amendments

Commencement Information

I10Reg. 64 in operation at 27.10.2008, see reg. 1(1)

CHAPTER 4N.I.Notification

Notification under this PartN.I.

65.—(1) Where written notification is to be given in accordance with this Part, such notification may be sent by post.

(2) Any notification sent by post is to be taken to have been received on the second working day after posting.

Commencement Information

I11Reg. 65 in operation at 27.10.2008, see reg. 1(1)

CHAPTER 5N.I.Modification of the Act in relation to claims to which section 5(1)(c) of the Administration Act applies

Modifications of the ActN.I.

66.  Where a person has made a claim for an employment and support allowance to which section 5(1)(c) of the Administration Act applies, the Act applies as if—

(a)in section 11(1)—

(i)for sub-paragraph (a) there were substituted—

“(a)either—

(i)entitled to an employment and support allowance, or

(ii)a person who has made a claim for an employment and support allowance to which regulations under section 5(1)(c) of the Administration Act apply; and”, and

(ii)for “continuing to be” there were substituted “being”; and

(b)in section 12(1)—

(i)for sub-paragraph (a) there were substituted—

“(a)either—

(i)entitled to an employment and support allowance, or

(ii)a person who has made a claim to which section 5 applies; and”, and

(ii)for “continuing to be” there were substituted “being”.

Commencement Information

I12Reg. 66 in operation at 27.10.2008, see reg. 1(1)