The Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003

Interpretation and application E+W+S

2.—(1) In these Regulations—

“the 1998 Act” means the Social Security Act 1998 M1 ;

“benefit week” means any period of seven days corresponding to the week in respect of which the relevant specified benefit is due to be paid;

“claimant” means a claimant of a specified benefit who has a partner to whom these Regulations apply;

[F1 “ couple” means—

(a)

a man and woman who are married to each other and are members of the same household;

(b)

a man and woman who are not married to each other but are living together as husband and wife;

(c)

two people of the same sex who are civil partners of each other and are members of the same household; or

(d)

two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,

and for the purposes of paragraph (d), two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex;]

“interview” means a work-focused interview with a partner which is conducted for any or all of the following purposes—

(a)

assessing the partner’s prospects for existing or future employment (whether paid or voluntary);

(b)

assisting or encouraging the partner to enhance his prospects of such employment;

(c)

identifying activities which the partner may undertake to strengthen his existing or future prospects of employment;

(d)

identifying current or future employment or training opportunities suitable to the partner’s needs; and

(e)

identifying educational opportunities connected with the existing or future employment prospects or needs of the partner;

“officer” means a person who is an officer of, or who is providing services to or exercising functions of, the Secretary of State;

“partner” means a person who is a member of the same couple as the claimant, or, in a case where the claimant has more than one partner, a person who is a partner of the claimant by reason of a polygamous marriage, but only where—

(a)

the claimant has been awarded a specified benefit at a higher rate referable to that partner; and

(b)

both the partner and the claimant have attained the age of 18 but have not attained [F2 pensionable age];

[F3 “pensionable age”, in the case of a man born before 6th April 1955, means the age when a woman born on the same day as the man would attain pensionable age;]

“polygamous marriage” means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy;

“specified benefit” means a benefit to which section 2AA applies.

(2) F4 ...regulations 3 to 13 apply to a partner in circumstances where on or after 12th April 2004 the claimant’s award of a specified benefit is being administered from an office of the Department for Work and Pensions which is designated by the Secretary of State as a Jobcentre Plus Office M2 and the claimant has been continuously entitled to the benefit for 26 weeks or longer.

Textual Amendments

F1 Words in reg. 2(1) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 37 (with art. 3)

F2 Words in reg. 2(1) substituted (6.4.2010) by Social Security (Work-focused Interviews etc.) (Equalisation of State Pension Age) Amendment Regulations 2010 (S.I. 2010/563), regs. 1, 7(a)

F3 Words in reg. 2(1) inserted (6.4.2010) by Social Security (Work-focused Interviews etc.) (Equalisation of State Pension Age) Amendment Regulations 2010 (S.I. 2010/563), regs. 1, 7(b)

F4 Words in reg. 2(2) omitted (24.4.2006) by virtue of Social Security (Working Neighbourhoods) Miscellaneous Amendments Regulations 2006 (S.I. 2006/909), regs. 1(1), 2(4)

Marginal Citations

M1 1998 c. 14.

M2 A list of offices designated as Jobcentre Plus Offices is available from the Department for Work and Pensions at the following address: Jobcentre Plus Implementation Project, Jobcentre Plus Head Office, Level 1, Steel City House, West Street, Sheffield, S1 2GQ.