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(1) These Regulations may be cited as the Social Security (Incapacity Benefit Work-focused Interviews) (Amendment) Regulations (Northern Ireland) 2009 and shall come into operation on 26th October 2009.
(2) In these Regulations—
 “the 2001 Regulations” means the Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2001;
 “the 2003 Regulations” means the Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2003; and
 “the principal Regulations” means the Social Security (Incapacity Benefit Work-focused Interviews) Regulations (Northern Ireland) 2008.
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(1) The principal Regulations are amended in accordance with paragraphs (2) to (5).
(2) For regulation 2(3) (relevant claimant) substitute—“
(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.”.
(3) In regulation 7(3) (failure to take part in a work-focused interview) for “good cause has not been shown for that failure within 5 working days of the date on which the designated authority gives notification of that failure” substitute “the claimant has not shown good cause in accordance with paragraph (1)”.
(4) In regulation 8(12)(a) (consequences of a failure to take part in a work-focused interview) for “below” substitute “to below”.
(5) In regulation 11 (revocations, savings and transitional provisions)—
(a) after paragraph (2) insert—“
(2A) This paragraph applies to a relevant claimant who—
(a) at any time before 26th October 2009 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; and
(b) immediately before that date was subject to the consequences specified in regulation 11 of the 2003 Regulations (failure to take part in an interview).
(2B) Where paragraph (2A) applies to a relevant claimant—
(a) the person continues to be subject to the consequences specified in regulation 11 of the 2003 Regulations; and
(b) any other provision of the 2003 Regulations continues to have effect insofar as is necessary to give full effect to sub-paragraph (a).”;
(b) in paragraph (3)—
(i) after “paragraph (2)(a)” insert “or (2B)(a)”,
(ii) after “the 2005 Regulations” insert “or, as the case may be, regulation 11(2) of the 2003 Regulations”.
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In regulation 15(2) of the 2003 Regulations (revocations and transitional provision) for “, is both a relevant person and entitled to a specified benefit for the purposes of those Regulations” substitute—“—
(a) is a relevant person for the purposes of those Regulations;
(b) is entitled to income support; and
(c) does not fall within paragraph 7, 24 or 25 of Schedule 1B to the Income Support (General) Regulations (Northern Ireland) 1987 (prescribed categories of person)”.
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(1) Regulation 11(1), (2)(c) to (13) of the 2001 Regulations (failure to take part in an interview), as saved by regulation 15(2) of the 2003 Regulations, continues to have effect as if the amendment set out in regulation 3 had not been made in respect of a person who immediately before 26th October 2009 is—
(a) entitled to a specified benefit as defined in the principal Regulations; and
(b) subject to the consequences specified in regulation 11(1), (2)(c) to (13) of the 2001 Regulations.
(2) Any other provisions of the 2001 Regulations, as saved by regulation 15(2) of the 2003 Regulations, continue to have effect insofar as it is necessary to give full effect to paragraph (1).
(3) For the purposes of regulation 8(8), (9) and (11) of the principal Regulations (reduction ceasing to have effect), a person referred to in paragraph (1) is deemed to be subject to the consequences under regulation 8(1) of the principal Regulations (reduction for failure to take part in a work-focused interview) and from the date the reduction ceases to have effect regulation 11(1), (2)(c) to (13) of the 2001 Regulations shall cease to apply to that person.
Sealed with the Official Seal of the Department for Social Development on 25th September 2009
(L.S.)Anne McCleary
A senior officer of the Department for Social Development
