Social Security PART 1 General Citation and commencement 1 These Regulations may be cited as the Employment and Support Allowance (Work-related Activity) Regulations (Northern Ireland) 2011 and shall come into operation on 12 July 2011. Interpretation 2 1 In these Regulations— “the Act” means the Welfare Reform Act (Northern Ireland) 2007; “action plan” means an action plan in accordance with regulation 5; “carer’s allowance” , “carer support payment” , “child”, “lone parent”, “medical treatment” and “working day” have the meaning given in regulation 2(1) of the Employment and Support Allowance Regulations; “the Department”, for the purposes of Part 2 and 3, includes the Department for Employment and Learning; “the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations (Northern Ireland) 2008 ; “member of the support group” has the meaning given by section 24(4) of the Act; and “work-related activity” has the meaning given by section 13(7) of the Act. 2 For the purpose of these Regulations where a written notice is given by sending it by post it is taken to have been received on the second working day after posting. PART 2 Work-related Activity Requirement to undertake work-related activity 3 1 The Department may require a person who satisfies the requirements in paragraph (2) to undertake work-related activity as a condition of continuing to be entitled to the full amount of employment and support allowance payable to that person. 2 The requirements referred to in paragraph (1) are that the person is— a required to take part in, or has taken part in, one or more work-focused interviews pursuant to regulation 54 of the Employment and Support Allowance Regulations; b not a lone parent who is responsible for and a member of the same household as a child under the age of 3 ; c not entitled to carer’s allowance; ... ca not entitled to carer support payment; and d not entitled to a carer premium under paragraph 8 of Schedule 4 to the Employment and Support Allowance Regulations. 3 A requirement to undertake work-related activity ceases to have effect if the person becomes a member of the support group. 4 A requirement imposed under paragraph (1)— a must be reasonable in the view of the Department, having regard to the person’s circumstances; and b may not require the person to— i apply for a job or undertake work, whether as an employee or otherwise, or ii undergo medical treatment. 5 A person who is a lone parent and in any week is responsible for and a member of the same household as a child under the age of 13, may only be required to undertake work-related activity under paragraph (1) during the child’s normal school hours. Directions about work-related activity 4 1 The circumstances in paragraph (2) are the circumstances prescribed for the purposes of section 15(1)(a) of the Act. 2 The circumstances referred to in paragraph (1) are that— a the person has been identified by the Department as having a barrier to work and in the view of the Department has refused to address that barrier; and b the Department considers that the activity specified in the direction given under section 15(1) of the Act is a prerequisite to the person’s ability to obtain or remain in work. Notification of work-related activity and action plans 5 1 The Department must notify a person of the requirement to undertake work-related activity by including the requirement in a written action plan given to the person. 2 The action plan must specify— a the work-related activity which the person is required to undertake; and b any other information that the Department considers appropriate. Requirement to undertake work-related activity at a particular time not to apply 6 The Department may determine that a requirement as to the time at or by which work-related activity is to be undertaken is not to apply, or is to be treated as not having applied, if in the view of the Department it would be, or would have been, unreasonable to require the person to undertake the activity at or by that time. Reconsideration of action plans 7 1 A person may request reconsideration of an action plan. 2 On receipt of a request the Department must reconsider the action plan. 3 A decision of the Department following a request must be in writing and given to the person. Failure to undertake work-related activity 8 1 A person who is required to undertake work-related activity but fails to do so must show good cause for the failure within 5 working days of the date on which the Department gives notice of the failure. 2 The Department must determine whether a person who is required to undertake work-related activity has failed to do so and, if so, whether the person has shown good cause for the failure. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3 Contracting Out Contracting out 9 1 Any function of the Department specified in paragraph (2) may be exercised by, or by employees of, such person (if any) as may be authorised by the Department. 2 The functions are— a any function under— i regulation 3 (requirement to undertake work-related activity); ii regulation 5 (notification of work-related activity and action plans); iii regulation 6 (requirement to undertake work-related activity not to apply); iv regulation 7 (reconsideration of action plans); b any function under regulation 64(1)(c) and (1A)(b) of the Employment and Support Allowance Regulations (cessation of reduction). c any function relating to a compliance condition under regulation 63(11) (compliance condition: notifications and agreements). PART 4 Amendment of the Employment and Support Allowance Regulations Amendment of the Employment and Support Allowance Regulations 10 1 The Employment and Support Allowance Regulations are amended in accordance with paragraphs (2) to (11). 2 In regulation 2(1) (interpretation) omit the definition of “action plan”. 3 Omit— a regulation 47 (requirement to take part in a work-focused health-related assessment); b regulation 48 (work-focused health-related assessment); c regulation 49 (notification of assessment); d regulation 51 (taking part in a work-focused health-related assessment); e regulation 52 (deferral of a requirement to take part in a work-focused health-related assessment); f regulation 53 (failure to take part in a work-focused health-related assessment); and g regulation 58 (action plans). 4 In regulation 56(1) (notification of interview)— a for “attend” substitute “take part in”; and b after “time and” insert “if required to attend in person, the”. 5 In regulation 57(1) (taking part in a work-focused interview)— a in sub-paragraph (a) at the beginning insert “if required to attend in person,”; b after sub-paragraph (a) insert— aa if not required to attend in person, is available and responds at the date and time notified in accordance with regulation 56 to any contact made at that time for the purpose of carrying out the interview; ; and c omit sub-paragraph (d). 6 For regulation 61(3) (failure to take part in a work-focused interview) substitute— 3 In deciding whether a person has shown good cause for the failure, the Department must take account of all the circumstances of the case including in particular the person’s physical or mental health or condition. . 7 In regulation 62(2) (contracting out certain functions relating to work-focused interviews) omit sub-paragraph (d). 8 In regulation 63 (reduction of employment and support allowance)— a for paragraph (1) substitute— 1 Where the Department has determined— a that a claimant who was required to take part in a work-focused interview has failed to do so and has failed to show good cause for that failure in accordance with regulation 61; or b that a claimant who was required to undertake work-related activity has failed to do so and has failed to show good cause for that failure in accordance with regulation 8 of the Employment and Support Allowance (Work-related Activity) Regulations (Northern Ireland) 2011, (“a failure determination”), the amount of the employment and support allowance payable to the claimant is to be reduced in accordance with this regulation. ; and b in paragraph (3)(b)(i) for “a work-focused health-related assessment” substitute “work-related activity”. 9 In regulation 64 (cessation of reduction)— a for paragraph (1) substitute— 1 Any reduction imposed as a result of a failure determination which resulted from a failure to undertake work-related activity in accordance with the Employment and Support Allowance (Work-related Activity) Regulations (Northern Ireland) 2011 ceases to have effect if— a the claimant complies with a requirement to undertake the work-related activity specified in the action plan or, where permitted by the Department, an alternative activity; b the claimant subsequently ceases to be subject to a requirement to undertake work-related activity; or c the Department decides it is no longer appropriate to require the person to undertake work-related activity at that time. ; b after paragraph (1) insert— 1A The Department must notify the person in writing— a where an alternative activity is permitted under paragraph (1)(a) by inclusion of that activity in the action plan; and b of any decision under paragraph (1)(c). ; and c in paragraph (2)(a) for “attend” substitute “take part in”. 10 In Schedule 8 (sums to be disregarded in the calculation of income other than earnings) after paragraph 14 insert— 14A Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, in complying with a requirement to undertake work-related activity. . 11 In Schedule 9 (capital to be disregarded) after paragraph 32 insert— 32A Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, in complying with a requirement to undertake work-related activity but only for 52 weeks beginning with the date of receipt of the payment. . PART 5 Consequential Amendment and Revocations Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 11 In regulation 1(2) of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 (interpretation), for the definition of “failure determination” substitute— “failure determination” means a determination by the Department under regulation 61(2) of the Employment and Support Allowance Regulations (failure to take part in a work-focused interview) or regulation 8(2) of the Employment and Support Allowance (Work-related Activity) Regulations (Northern Ireland) 2011 (requirement to undertake work-related activity) that a claimant has failed to satisfy a requirement of regulation 54 of the Employment and Support Allowance Regulations (requirement to take part in a work-focused interview) or regulation 3 of the Employment and Support Allowance (Work-related Activity) Regulations (Northern Ireland) Regulations 2011 (requirement to undertake work-related activity). . Revocations 12 Regulations 9(11), (13) and (14) of the Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2010 are revoked. Sealed with the Official Seal of the Department for Social Development on 11th July 2011 (L.S.) Anne McCleary A senior officer of the Department for Social Development