The Social Security (Jobcentre Plus Interviews) Regulations 2001 © Crown Copyright 2001 Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Social Security (Jobcentre Plus Interviews) Regulations 2001, ISBN 0 11 029945 0. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 2A(1), (3) to (6) and (8), 2B(6) and (7), 5(1)(a) and (b), 189(1), (4) to (7A) and 191 of the Social Security Administration Act 1992[1] and of all other powers enabling him in that behalf, after consultation with the Council on Tribunals in accordance with section 8(1) of the Tribunals and Inquiries Act 1992[2] and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it[3], hereby makes the following Regulations: Citation and commencement 1. These Regulations may be cited as the Social Security (Jobcentre Plus Interviews) Regulations 2001 and shall come into force on 22nd October 2001. Interpretation 2. - (1) In these Regulations, unless the context otherwise requires -
(b) in Scotland, a person with whom the Scottish Ministers have made arrangements under section 10(1) of the Employment and Training Act 1973 or any education authority to whom a direction has been given by the Scottish Ministers under section 10(2) of that Act;
(b) assisting or encouraging that person to enhance his prospects of such employment; (c) identifying activities which that person may undertake to strengthen his existing or future prospects of employment; (d) identifying current or future employment or training opportunities suitable to that person's needs; and (e) identifying educational opportunities connected with the existing or future employment prospects or needs of that person;
(2) In these Regulations, a "relevant person" means a person who resides in an area identified in Schedule 1.
(b) a person shall be treated as engaged in part-time work where he is engaged in work for which payment is made but he is not engaged or treated as engaged in remunerative work.
(4) These Regulations apply in respect of a specified benefit claimed on or after 22nd October 2001 by a relevant person who, on that date, resides in an area specified in Schedule 1.
(b) in a regulation to a numbered paragraph or sub-paragraph is to the paragraph or sub-paragraph in that regulation bearing that number; (c) to a numbered Schedule is to the Schedule to these Regulations bearing that number.
Requirement for relevant persons to take part in an interview
(b) has attained the age of 16 but has not attained the age of 60 as at the date on which he makes that claim; and (c) is not in remunerative work,
is required to take part in an interview.
(b) in any other case, any of the circumstances specified in paragraph (4) apply or where paragraph (5) applies.
(2) This paragraph applies in the case of a person who has taken part in an interview under regulation 3 or who would have taken part in such an interview but for the requirement being waived in accordance with regulation 5 or deferred in accordance with regulation 6.
(ii) a determination was made under regulation 5(1) that he was to be treated as having taken part in an interview under regulation 3;
(b) where the lone parent took part, failed to take part, or was treated as having taken part, in an interview pursuant to the requirement arising in sub-paragraph (a), after the expiry of six months from the date on which -
(ii) he failed to take part in that interview; or (iii) a determination was made under regulation 5(1) that he was to be treated as having taken part in that interview; and
(c) where the lone parent took part, failed to take part or was treated as having taken part, in an interview pursuant to the requirement arising in sub-paragraph (b), after the expiry of twelve months from the date on which -
(ii) he last failed to take part in an interview; or (iii) a determination was last made under regulation 5(1) that he was treated as having taken part in an interview.
(4) The circumstances specified in this paragraph are those where -
(b) a person's entitlement to an invalid care allowance ceases whilst entitlement to another specified benefit continues; (c) a person becomes engaged or ceases to be engaged in part-time work; (d) a person has been undergoing education or training arranged by an officer and that education or training comes to an end; and (e) a person who has not attained the age of 18 and who has previously undertaken an interview, attains the age of 18.
(5) A requirement to take part in an interview arises under this paragraph where a person has not been required to take part in an interview by virtue of paragraph (4) for at least 36 months.
(b) be appropriate in the circumstances.
(2) A person in relation to whom a requirement to take part in an interview has been waived under paragraph (1) shall be treated for the purposes of -
(b) any claim for, or entitlement to, a specified benefit,
as having complied with that requirement.
(b) be appropriate in the circumstances.
(3) An officer who determines in accordance with paragraph (2) that the requirement to take part in an interview shall not apply, shall also determine when that determination is made, the time when the requirement to take part in an interview is to apply in the claimant's case.
(b) a determination has been made as to whether the claimant in fact took part in an interview,
he shall be treated for the purposes of any claim for, or entitlement to, a specified benefit as having complied with any requirement to take part in an interview.
(b) are claiming, or are entitled to, a jobseeker's allowance,
shall be exempt from the requirement to take part in an interview in accordance with regulation 3 or 4.
(b) a member of that couple is a person to whom regulation 3D(1)(c) of the Jobseeker's Allowance Regulations 1996[13] (further circumstances in which a joint-claim couple may be entitled to a joint-claim jobseeker's allowance) applies.
Claims for two or more specified benefits
(b) that interview counts for the purposes of all those benefits.
The interview
(b) he provides answers (where asked) to questions and appropriate information about -
(ii) his employment history; (iii) any vocational training he has undertaken; (iv) any skills he has acquired which fit him for employment; (v) any paid or unpaid employment he is engaged in; (vi) any medical condition which, in his opinion, puts him at a disadvantage in obtaining employment; and (vii) any caring or childcare responsibilities he has.
(3) A relevant person who has not attained the age of 18 shall also be regarded as having taken part in an interview if he attends an interview with the Careers Service or the Connexions Service at the place and time notified to him by an officer.
(b) fails to take part in that interview; and (c) fails to show before the end of five working days following the day on which the interview was to take place, good cause for his failure to take part in the interview,
shall, subject to paragraph (12), suffer the consequences set out below.
(b) where an interview which arose in connection with a claim for a specified benefit was deferred and benefit became payable in accordance with regulation 6(4), that the person's entitlement to that benefit shall terminate as from the first day of the next benefit week following the date the decision was made; (c) where the claimant has an award of benefit and the requirement for the interview arose under regulation 4, the claimant's benefit shall be reduced as from the first day of the next benefit week following the day the decision was made, by a sum equal (but subject to paragraphs (3) and (4)) to 20 per cent. of the amount applicable on the date the deduction commences in respect of a single claimant for income support aged not less than 25.
(3) Benefit reduced in accordance with paragraph (2)(c) shall not be reduced below 10 pence per week.
(b) incapacity benefit; (c) any bereavement benefit; (d) invalid care allowance; (e) severe disablement allowance.
(5) Where the amount of the reduction is greater than some (but not all) of the specified benefits listed in paragraph (4), the reduction shall be made against the first benefit in that list which is the same as, or greater than, the amount of the reduction.
(b) those facts show that he had good cause for his failure to take part in the interview.
(13) In paragraphs (2) and (12), the "decision" means the decision that the person failed without good cause to take part in an interview.
(b) attains the age of 60.
Good cause
(b) that the person was attending a medical or dental appointment, or accompanying a person for whom the claimant has caring responsibilities to such an appointment, and that it would have been unreasonable, in the circumstances, to rearrange the appointment; (c) that the person had difficulties with his normal mode of transport and that no reasonable alternative was available; (d) that the established customs and practices of the religion to which the person belongs prevented him attending on that day or at that time; (e) that the person was attending an interview with an employer with a view to obtaining employment; (f) that the person was actually pursuing employment opportunities as a self-employed earner; (g) that the person or a dependant of his or a person for whom he provides care suffered an accident, sudden illness or relapse of a chronic condition; (h) that he was attending the funeral of a close friend or relative on the day fixed for the interview; (i) that a disability from which the person suffers made it impracticable for him to attend at the time fixed for the interview.
Appeals
(b) as if any decision made, superseded or revised otherwise than by the Secretary of State was a decision made, superseded or revised by him.
(3) In the case of a decision to which this regulation applies, the person in respect of whom the decision was made shall have a right of appeal under section 12 of the 1998 Act to an appeal tribunal. For the purposes of regulation 2(2), the areas are -
(b) the following postcode districts[17] -
AB10, AB11, AB12, AB13, AB14, AB15, AB16, AB21, AB22, AB23, AB24, AB25, AB30, AB31, AB32, AB33, AB34, AB35, AB36, AB39, AB41, AB42 0, AB42 1, AB42 2, AB42 3, AB 42 4, AB42 5, AB43, AB44 1, AB45 1, AB45 2, AB45 3, AB51 to AB53 8, AB54 6, AB54 7. 1. For paragraph (1) of regulation 6A of the Social Security (Claims and Payments) Regulations 1987[18] (claims by persons subject to work-focused interviews) there shall be substituted the following paragraph -
2.
- (1) The Social Security (Work-focused Interviews) Regulations 2000 shall be amended in accordance with the following sub-paragraphs.
(b) in Scotland, a person with whom the Scottish Ministers have made arrangements under section 10(1) of the Employment and Training Act 1973 or any education authority to whom a direction has been given by the Scottish Ministers under section 10(2) of that Act;".
(3) In regulation 6 (continuing entitlement dependent upon an interview) -
(aa) after the words "lone parent who" there shall be inserted the words "resides in an area identified in Schedule 1A and who"; (bb) for the words "any of the circumstances specified in paragraph (3) apply" there shall be substituted the words "paragraph (3) applies"; (ii) at the end of sub-paragraph (b), there shall be added the words "or where paragraph (4A) applies";
(b) for paragraph (3) there shall be substituted the following paragraph -
(ii) a determination was made under regulation 7(1) that he was to be treated as having taken part in an interview under regulation 4;
(b) where the lone parent took part, failed to take part or was treated as having taken part, in an interview pursuant to the requirement arising in sub-paragraph (a), after the expiry of six months from the date on which -
(ii) he failed to take part in that interview; or (iii) a determination was made under regulation 7(1) that he was to be treated as having taken part in that interview; and
(c) where the lone parent took part, failed to take part or was treated as having taken part, in an interview pursuant to the requirement arising in sub-paragraph (b), after the expiry of twelve months from the date on which -
(ii) he last failed to take part in an interview; or (iii) a determination was last made under regulation 7(1) that he was to be treated as having taken part in an interview.";
(c) at the end of paragraph (4)(a)[19], there shall be added the words "and therefore, continues to be entitled to a specified benefit";
(b) has not been required to take part in an interview by virtue of paragraph (4) for at least 36 months.".
(4) In paragraph (d) of Schedule 1 (areas in which "relevant persons" reside), for "HD1 to HD8" there shall be substituted "HD1 to HD9". CM1 to CM6. HD1 to HD9. HX1 to HX8. OL14. PA11 but only the following parts: 3QT, 3QX, 3QY, 3QZ, 3RX, 3RZ, 3SD, 3SF, 3SJ, 3SL, 3SQ, 3SW, 3SX, 3SY, PA13 to PA16, PA18 and PA19. SS0 to SS6, SS11 but only the following parts: 7BE, 7BG, 7BH, 7BJ, 7BL, 7BN, 7BP, 7BQ, 7BS, 7BW, 7DA, 7DB, 7DN, 7DP, 7DR, 7DT, 7DW, 7DX, 7DY, 7EE, 7EP, 7ES, 7ET, 7EU, 7EX, 7EY, 7HA, 7HB, 7HP, 7HS, 7HT, 7HU, 7HX, 7HY, 7HZ, 7JA, 7JB, 7JE, 7JF, 7JG, 7JQ, 7LN, 7LP, 7LR, 7LS, 7LW, 7LX, 7LY, 7LZ, 7NA, 7NB, 7ND, 7NJ, 7NP, 7NR, 7NS, 7NU, 7NW, 7NX, 7PA, 7PB, 7PD, 7PE, 7PN, 7PP, 7PR, 7PS, 7PT, 7PU, 7PX, 7PY,7PZ, 7QA, 7QB, 7QD, 7QF, 7QG, 7QH. SS12. WF12 to WF17.".
3.
At the end of regulation 4(d) of the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000 (circumstances where requirement to take part in an interview does not apply) there shall be added the words "or under the Social Security (Jobcentre Plus Interviews) Regulations 2001". (This note is not part of the Regulations) These Regulations impose a requirement on persons who live in certain areas (regulation 2(2) and Schedule 1) who claim, or are entitled to, certain benefits (specified in regulation 2(1)) to take part in a work-focused interview ("an interview"). Regulation 3 specifies those persons who are required to take part in an interview when claiming a specified benefit and regulation 4 prescribes when persons are required to take part in an interview as a condition of their continuing entitlement to those benefits. Regulation 5 specifies that an interview can be deferred and regulation 6 provides that the requirement to take part in an interview can be waived where an interview would not be of assistance to the person or it would not be appropriate in the circumstances of the case. Regulation 7 prescribes circumstances when a person is exempted from the requirement to take part in an interview. Regulation 8 specifies when a requirement to take part in two or more interviews is satisfied by the person taking part in a single interview. Regulation 9 provides for the person to be advised of the time and place of the interview and provides that an interview can take place in the person's home if the interviewer considers that it would be unreasonable to require that person to attend elsewhere. Regulation 10 prescribes circumstances as to when a person is to be regarded as having taken part in an interview and regulation 11 details the consequences of a failure to take part in an interview. Regulation 12 specifies the circumstances where those consequences do not apply and regulation 13 specifies the matters to be taken into account in determining whether a person had good cause for his failure to take part in an interview. Regulation 14 provides that a decision that a person has failed to take part in an interview without good cause can be appealed to an appeal tribunal under section 12 of the Social Security Act 1998 (c.14). Regulation 15 and Schedule 2 amend the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968), the Social Security (Work-focused Interviews) Regulations 2000 (S.I. 2000/897) ("the 2000 Regulations") and the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000 (S.I. 2000/1926) ("the Lone Parents Regulations"). In particular, the 2000 Regulations, which impose a requirement to take part in an interview on claimants for certain benefits and on those continuing to be entitled to those benefits in areas not covered by these Regulations, are amended to align the repeat interview requirements in those regulations with those prescribed in these Regulations and to prescribe that only those lone parents residing in specified areas shall be subject to the six month repeat interview requirement. The Lone Parents Regulations do the same in respect of certain lone parents and the amendment ensures that where these Regulations require a lone parent to take part in an interview, any requirement to take part in an interview under the Lone Parents Regulations will not apply. These Regulations do not impose a charge on business. An Explanatory Memorandum has been placed in the House Libraries. Notes: [1] 1992 c. 5; sections 2A, 2B and 189(7A) were inserted by the Welfare Reform and Pensions Act 1999 (c. 30), section 57 and paragraph 83 of Schedule 12; section 191 is an interpretation provision and is cited because of the meaning ascribed to the word "prescribed". Section 2A(8) is cited because of the meaning ascribed to the word "specified".back [3] See section 173(1)(b) of the Social Security Administration Act 1992.back [6] Section 20(1)(ea) was inserted by the Welfare Reform and Pensions Act 1999, section 70.back [7] 1973 c. 50; section 10 was inserted by section 45 of the Trade Union Reform and Employment Rights Act 1993 (c. 19). The Secretary of State functions under that Act in relation to Wales were transferred to the National Assembly for Wales by S.I. 1999/672.back [9] Offices designated as Jobcentre Plus offices are identified in two lists entitled "Jobcentre Plus Pathfinder Offices" and "Jobcentre Plus Work-focused Interview Extension Sites" available from the Department for Work and Pensions, W2W1, 4S25, Quarry House, Quarry Hill, Leeds, LS2 7UB.back [12] 1995 c. 18; the definition of "joint-claim couple" was inserted by the Welfare Reform and Pensions Act 1999, section 59 and Schedule 7, paragraph 2(4)(b).back [13] S.I. 1996/207; regulation 3D was inserted by S.I. 2000/1978 and amended by S.I. 2001/518.back [17] The Postcode Atlas for Great Britain and Northern Ireland and the postcode maps may be obtained from their publishers. Persons may establish the current postcode for their address by contacting the Royal Mail Postcode Enquiries office (tel no. 08457 111222 or www.royalmail.com).back [18] Regulation 6A was inserted by S.I. 2000/897 and amended by S.I 2000/1926.back [19] Regulation 6(4)(a) was substituted by S.I. 2000/1926, regulation 10 and paragraph 5(a) of Schedule 2.back
[a] Amended by Correction Slip. Page 8, Schedule 1, line 28, entry "HA9, HA10" should read "HA0, HA9". back
ISBN 0 11 029945 0
|
|
| ||
| We welcome your comments on this site | © Crown copyright 2001 | Prepared 26 September 2001 |