The Income Support (Work-Related Activity) and Miscellaneous Amendments Regulations (Northern Ireland) 2017

Amendment of the Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2003

14.—(1) The Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2003(1) are amended in accordance with paragraphs (2) to (9).

(2) In regulation 1 (citation, commencement and interpretation) in paragraph (3) in the appropriate place insert the following definition—

““working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in Northern Ireland under the Banking and Financial Dealings Act 1971.”.

(3) In regulation 3A (requirement for certain lone parents to take part in an interview)—

(a)in paragraph (1)—

(i)after sub-paragraph (b) insert “and”;

(ii)omit sub-paragraph (c)

(iii)in sub-paragraph (d), omit the word “he”;

(b)for paragraph (2) substitute—

“(2) Subject to regulations 6 to 8, a lone parent to whom this regulation applies is required to take part in one or more interviews as a condition of continuing to be entitled to the full amount of benefit which is payable to him apart from these Regulations.”;

(c)in paragraph (3)(b) omit “waived or”.

(4) In regulation 4 (time when interview is to take place)—

(a)in paragraph (2), omit “as soon as reasonably practicable after”;

(b)in paragraph (2)(a) before “the requirement to take part” insert “as soon as reasonably practicable after”;

(c)after paragraph (2)(a) insert—

“(aa)in a case where regulation 3A(2) applies, on such a date as may be determined by the officer; or”;

(d)in paragraph (2)(b)—

(i)after “in any other case” insert “, as soon as reasonably practicable after”;

(ii)omit head (i);

(iii)in head (ii) omit “but regulation 3A(1) does not apply,”; and

(iv)in head (iii) omit “either” and “or regulation 3A(2)”.

(5) In regulation 5 (waiver of requirement to take part in an interview)—

(a)at the beginning of paragraph (1) insert “Except in a case where a requirement is imposed by virtue of regulation 3A(2),”;

(b)in paragraph (2)(a) for “3A” substitute “3ZA”.

(6) In regulation 7 (exemptions) in paragraph (4) after “3ZA” insert “, 3A”.

(7) In regulation 10 (taking part in an interview)—

(a)in paragraph (4) for “day on which the interview was to take place” substitute “date on which the person was notified of his failure to take part in the interview”; and

(b)after paragraph (4) insert—

“(5) Where a notice under paragraph (4) is sent by post it is taken to have been received on the second working day after it is sent.”.

(8) In regulation 11 (failure to take part in an interview)—

(a)in paragraph (9) for “takes part in an interview” substitute “satisfies a compliance condition” and for “requirement to take part in an interview was met” substitute “compliance condition was satisfied”;

(b)after paragraph (9) insert—

“(9A) In paragraph (9) “compliance condition” means a requirement to—

(a)take part in an interview; or

(b)undertake work-related activity.”; and

(c)in paragraph (12)(a) for “day on which the interview was to take place” substitute “date on which the person was notified of his failure to take part in the interview”.

(9) After regulation 11 insert—

“Circumstances where the amount of benefit payable to a claimant is not to be reduced in accordance with regulation 11(2)(c)

11A.—(1) The amount of benefit payable to a claimant is not to be reduced in accordance with regulation 11(2)(c) if that amount—

(a)is, at the time the relevant decision falls to be made in respect of the current failure, being paid at a reduced rate in accordance with regulation 11(2)(c), regulations 7(3) and 8 of the Social Security (Work-focused Interviews for Lone Parents) Regulations (Northern Ireland) 2001 or regulation 8(1) and (2) of the Income Support (Work-Related Activity) and Miscellaneous Amendments Regulations (Northern Ireland) 2016; and

(b)was last reduced not more than 2 weeks before the date of the current failure.

(2) In paragraph (1) “current failure” means a failure which may, in the case of a claimant who has an award of benefit, lead to a reduction in benefit under regulation 11(2)(c) in relation to which the Department has not yet determined whether the amount of benefit payable to the claimant is to be reduced in accordance with that regulation.”.