Regulation 2 Relevant claimantI1

Northern Ireland

(1)

A relevant claimant is a person who satisfies all of the conditions in paragraphs (2) to (5).

(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 2001 Regulations, as saved by regulation 15(2) of the 2003 Regulations, or

(ii)

the 2005 Regulations;

(b)

the person—

(i)

is under 25 years of age, and

(ii)

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 2003 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 (Northern Ireland) 2008.

(4)

The third condition is that the person has not attained F2pensionable 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 (Northern Ireland) 1995^f1 (certain persons with a severe condition to be treated as incapable of work).

Annotations

Textual amendments

F1: Reg. 2(3) substituted (26.10.2009) by The Social Security (Incapacity Benefit Work-focused Interviews) (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/327), regs. 1(1), 2(2)
F2: Words in reg. 2(4) substituted (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(3)

Commencement

I1: Reg. 2 in operation at 15.12.2008, see reg. 1(1)

Footnotes

f1: S.R. 1995 No. 41; regulation 10 was amended by regulation 4(3) of S.R. 1995 No. 149, regulation 4(3) of S.R. 1996 No. 601 and regulation 3 of S.R. 1997 No. 174