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Regulation 1 Citation, commencement and interpretationI1

Northern Ireland

(1)

These Regulations may be cited as the Social Security (Incapacity Benefit Work-focused Interviews) Regulations (Northern Ireland) 2008 and shall come into operation on 15th December 2008.

(2)

In these Regulations—

  • “the 1998 Order” means the Social Security (Northern Ireland) Order 1998f1;

  • “the 2001 Regulations” means the Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2001f2;

  • “the 2003 Regulations” means the Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2003f3;

  • “the 2005 Regulations” means the Social Security (Incapacity Benefit Work-focused Interviews) Regulations (Northern Ireland) 2005f4;

  • “action plan” has the meaning given by regulation 6;

  • “benefit week” means any period of 7 days corresponding to the week in respect of which the relevant specified benefit is due to be paid;

  • “the designated authority” means the Department or the Department for Employment and Learning;

  • F1“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;

  • “relevant claimant” has the meaning given by regulation 2;

  • “relevant decision” has the meaning given by section 2B(2) of the Social Security Administration (Northern Ireland) Act 1992 (supplementary provisions relating to work-focused interviews);

  • “specified benefit” means—

    1. (a)

      incapacity benefit;

    2. (b)

      income support, if any of the following paragraphs of Schedule 1B to the Income Support (General) Regulations (Northern Ireland) 1987f5 (prescribed categories of person) applies—

      1. (i)

        paragraph 7 ( F2persons treated as capable of work and persons entitled to statutory sick pay ),

      2. (ii)

        paragraph 24 or 25 (persons appealing against a decision which embodies a determination that they are not incapable of work);

    3. (c)

      severe disablement allowance;

  • “work-focused interview” means an interview conducted under regulation 5 for the purposes described in regulation 3.

(3)

Any notification under these Regulations that is sent by post is to be taken to have been received on the second working day after posting.

Annotations

Textual amendments

F1

Words in reg. 1(2) inserted (7.3.2011) by The Social Security (Work-focused Interviews etc.) (Equalisation of State Pension Age) (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/26),regs. 1(1), 7(2)

F2

Words in reg. 1(2)(b)(i) substituted (30.12.2009) by The Income Support (Prescribed Categories of Person) Regulations (Northern Ireland) 2009 (S.R. 2009/418), regs. 1(1), 3(5)

Commencement

I1

Reg. 1 in operation at 15.12.2008, see reg. 1(1)

Footnotes

f1

S.I. 1998/1506 (N.I. 10)

f2

S.R. 2001 No. 176

f3

S.R. 2003 No. 274

f4

S.R. 2005 No. 414

f5

S.R. 1987 No. 459; Schedule 1B was inserted by regulation 22 of S.R. 1996 No. 199; paragraph 24 was amended by Article 9(4)(a) and (b) of S.R. 1999 No. 371 (C. 28) and paragraph 25 was amended by Article 9(4)(b) of S.R. 1999 No. 371 (C.28), regulation 4(3) of S.R. 2000 No. 4 and regulation 3 of S.R. 2005 No. 46