The Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2008

Relevant claimant E+W+S

3.—(1) A relevant claimant is a person who satisfies all of the following conditions.

(2) The first condition is that the person is entitled to a specified benefit.

[F1 (3) The second condition is that at least one of the following sub-paragraphs applies to the person—

(a) immediately before 15th December 2008 the person was a “relevant person” within the meaning of—

(i) the 2000 Regulations or the 2001 Regulations, as saved by regulation 16(2) of the 2002 Regulations, or

(ii) the 2003 Regulations;

(b) the person—

(i) is under 25 years of age,

(ii) is ordinarily resident in a Jobcentre Plus Pathways area identified in the Schedule, and

(iii) has been in receipt of a specified benefit for a continuous period of at least 12 months;

(c) at any time before 26th October 2009, the person 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;

(d) the person makes a claim for a specified benefit in respect of a period beginning after 26th October 2008 and that claim is of a description referred to in regulation 2(2) of the Employment and Support Allowance (Transitional Provisions) Regulations 2008.]

(4) The third condition is that the person has not attained [F2 pensionable age].

(5) The fourth condition is that, on the day on which the requirement to take part in a work-focused interview would have arisen, the person is not treated as incapable of work in accordance with regulation 10 of the Social Security (Incapacity for Work) (General) Regulations 1995 M1 (certain persons with a severe condition to be treated as incapable of work).

[F3 (6) The fifth condition is that the person is not a lone parent who is responsible for, and a member of the same household as, a child under the age of one.]

Textual Amendments

F1 Reg. 3(3) substituted (26.10.2009) by Social Security (Incapacity Benefit Work-focused Interviews) (Amendment) Regulations 2009 (S.I. 2009/1541), regs. 1(1), 2(3)

F2 Words in reg. 3(4) 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, 8(3)

F3 Reg. 3(6) inserted (31.10.2011) by The Social Security (Work-focused Interviews for Lone Parents and Partners) (Amendment) Regulations 2011 (S.I. 2011/2428), regs. 1, 6(3)

Marginal Citations

M1 S.I. 1995/311. Regulation 10 was amended by S.I. 1995/987, S.I. 1996/3207, S.I. 1997/1009 and S.I. 1999/3109.