The Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2003

Continuing entitlement to a specified benefit dependent on an interview

3.—(1) Subject to regulations 5 to 8, a person who has not attained the age of 60 and who is entitled to a specified benefit, shall be required to take part in an interview as a condition of his continuing to be entitled to the full amount of benefit which is payable apart from these Regulations where paragraph (2) applies and –

(a)in the case of a lone parent who has attained the age of 18 and who is neither claiming incapacity benefit nor severe disablement allowance, paragraph (3) applies, or

(b)in any other case, any of the circumstances specified in paragraph (4) apply or where paragraph (5) applies.

(2) This paragraph applies in the case of a person who has taken part in an interview under regulation 2 or who would have taken part in such an interview but for the requirement being waived in accordance with regulation 5 or deferred in accordance with regulation 6.

(3) A lone parent to whom paragraph (1)(a) applies shall be required to take part in an interview –

(a)after the expiry of 6 months from the date on which –

(i)he took part in an interview under regulation 2, or

(ii)a determination was made under regulation 5(1);

(b)where the lone parent took part, failed to take part or was treated, by virtue of regulation 5(2), as having taken part, in an interview pursuant to the requirement arising in sub-paragraph (a), after the expiry of 6 months from the date on which –

(i)he took part in that interview;

(ii)he failed to take part in that interview, or

(iii)the determination was made under regulation 5(1), and

(c)where the lone parent took part, failed to take part or was treated, by virtue of regulation 5(2), as having taken part, in an interview pursuant to the requirement arising in sub-paragraph (b), after the expiry of 12 months from the date on which –

(i)he last took part in an interview;

(ii)he last failed to take part in an interview, or

(iii)a determination was last made under regulation 5(1).

(4) The circumstances specified in this paragraph are those where –

(a)it is determined in accordance with a personal capability assessment that a person is incapable of work and therefore, continues to be entitled to a specified benefit;

(b)a person’s entitlement to a carer’s allowance ceases whilst entitlement to another specified benefit continues;

(c)a person becomes engaged or ceases to be engaged in part-time work;

(d)a person has been undergoing education or training arranged by an officer and that education or training comes to an end, and

(e)a person who has not attained the age of 18 and who has previously taken part in an interview, attains the age of 18.

(5) A requirement to take part in an interview arises under this paragraph where a person has not been required to take part in an interview by virtue of paragraph (4) for at least 36 months.

(6) In this regulation –

“lone parent” has the meaning prescribed in regulation 2(1) of the Income Support (General) Regulations (Northern Ireland) 1987(1) (interpretation);

“personal capability assessment” has the meaning prescribed in regulation 2(1) of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995(2) (interpretation).