The Social Security (Work-focused Interviews etc.) (Equalisation of State Pension Age) Amendment Regulations 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend—

• the Social Security (Work-focused Interviews) Regulations 2000 (S.I. 2000/897),

• the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000 (S.I. 2000/1926),

• the Social Security (Jobcentre Plus Interviews) Regulations 2001 (S.I. 2001/3210),

• the Social Security (Jobcentre Plus Interviews) Regulations 2002 (S.I. 2002/1703),

• the Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003 (S.I. 2003/1886), and

• the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2008 (S.I. 2008/2928),

to give effect to section 35 of the Welfare Reform Act 2009 (“the 2009 Act”). That section amended provisions of the Social Security Administration Act 1992 (“the 1992 Act”) about work-focused interviews to reflect the Pensions Act 1995 (“the 1995 Act”) which – as from 6th April 2010 – progressively equalises and increases the age at which women and men become eligible for a state pension.

The amendments provide that the maximum age at which a person can be required to attend one or more work-focused interviews under the Regulations referred to above will be “pensionable age” – defined in section 191 of the 1992 Act by reference to Schedule 4 to the 1995 Act – instead of the age of 60. However, a man born before 6th April 1955 will be treated as attaining pensionable age when a woman born on the same day would attain that age.

A consequential amendment is also made to the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (S.I. 1999/991).

The regulations contained in this instrument are either made by virtue of, or are consequential upon, section 35 of the 2009 Act. This instrument is made before the expiry of the period of 6 months beginning with the coming into force of that provision; the regulations in it are therefore exempt in accordance with section 173(5) of the 1992 Act from the requirement in section 172(1) of the 1992 Act to refer proposals to make Regulations to the Social Security Advisory Committee and are made without reference to that Committee.

A full impact assessment has not been produced for this instrument as it has no impact on the private or voluntary sectors.