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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), 6(1)(a) and (b), 7A, 189(1), (4) and (5) and 191 of the Social Security Administration Act 1992[1] and section 68 of, and paragraphs 3(1), 4(4), 6(8), 20(3) and 23(1) of Schedule 7 to, the Child Support, Pensions and Social Security Act 2000[2], 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[3] and in respect of provisions in these Regulations relating to housing benefit and council tax benefit with organisations appearing to him to be representative of the authorities concerned[4], and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it[5], hereby makes the following Regulations: Citation and commencement 1. These Regulations may be cited as the Social Security (Jobcentre Plus Interviews) Regulations 2002 and shall come into force on 30th September 2002. Interpretation and application 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) For the purposes of these Regulations -
(b) a person shall be deemed not to be in remunerative work where -
(ii) he is in remunerative work in accordance with sub-paragraph (a) above and is not entitled to income support but would not be prevented from being entitled to income support solely by being in such work; and
(c) a person shall be deemed to be engaged in part-time work where he is engaged in work for which payment is made but he is not engaged or deemed to be engaged in remunerative work.
(3) Except in a case where regulation 16(2) applies, regulations 3 to 15 apply in respect of a person who makes a claim for a specified benefit on or after 30th September 2002 at an office of the Department for Work and Pensions which is designated by the Secretary of State as a Jobcentre Plus Office[10] or at an office of a relevant authority (being a person within section 72(2) of the Welfare Reform and Pensions Act 1999[11]) which displays the ONE logo[12].
(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 person claiming a specified benefit to take part in an interview
(b) on the day on which he makes that claim, has attained the age of 16 but has not attained the age of 60; 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 6 or deferred in accordance with regulation 7.
(ii) a determination was made under regulation 6(1);
(b) where the lone parent took part, failed to take part or was treated, by virtue of regulation 6(2), 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) the determination was made under regulation 6(1); and
(c) where the lone parent took part, failed to take part or was treated, by virtue of regulation 6(2), 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 6(1).
(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 the 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 taken part in 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) the requirement under regulation 4(1) arises; or, (c) in a case where regulation 7(1) applies, the time when that requirement is to apply by virtue of regulation 7(2).
Waiver of requirement to take part in an interview
(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.
(2) Where the officer determines in accordance with paragraph (1) that the requirement to take part in an interview shall be deferred, he shall also determine when that determination is made, the time when the requirement to take part in an interview is to apply in the person's case.
(b) the person takes part in an interview; or (c) a relevant decision has been made in relation to that person in accordance with regulation 11(4),
that person shall be treated for the purposes of any claim for, or entitlement to, a specified benefit as having complied with that requirement.
(b) are claiming, or are entitled to, a jobseeker's allowance,
shall be exempt from the requirement to take part in an interview.
(b) a member of that couple is a person to whom regulation 3D(1)(c) of the Jobseeker's Allowance Regulations 1996[15] (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 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 with the Connexions Service at the place and time notified to him by an officer.
(b) where an interview which arose in connection with a claim for a specified benefit was deferred and benefit became payable by virtue of regulation 7(3), that the person's entitlement to that benefit shall terminate from the first day of the next benefit week following the date on which the relevant 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 relevant 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 ten 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) the person 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) is not entitled to any specified benefit for the purposes of those Regulations; or (c) attains the age of 60,
whichever shall first occur.
1. For regulation 6A(5) of the Social Security (Claims and Payments) Regulations 1987[19] (claims by persons subject to work-focused interviews) there shall be substituted the following paragraph -
2.
In the Housing Benefit (General) Regulations 1987[20] -
(b) in regulation 72(4) (time and manner in which claims are to be made) -
(ii) for sub-paragraph (e), there shall be substituted the following sub-paragraph -
3.
For the definition of "designated authority" in regulation 1(2) of the Child Support (Maintenance Assessment Procedure) Regulations 1992[21], there shall be substituted the following definition -
(b) a person providing services to the Secretary of State; (c) a local authority; (d) a person providing services to, or authorised to exercise any functions of, any such authority;".
4.
In regulation 62(4) of the Council Tax Benefit (General) Regulations 1992[22] (time and manner in which claims are to be made) -
(b) for sub-paragraph (e), there shall be substituted the following sub-paragraph -
5.
For the definition of "designated authority" in regulation 1(2) of the Child Support Departure Direction and Consequential Amendments Regulations 1996[23], there shall be substituted the following definition -
(b) a person providing services to the Secretary of State; (c) a local authority; or (d) a person providing services to, or authorised to exercise any functions of, any such authority;".
6.
In the Social Security and Child Support (Decisions and Appeals) Regulations 1999[24] -
(b) a person providing services to the Secretary of State; (c) a local authority; (d) a person providing services to, or authorised to exercise any functions of, any such authority;";
(b) in regulation 3(11) (revision of decisions), for sub-paragraph (f) there shall be substituted the following sub-paragraph -
7.
At the end of regulation 4(d) of the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000[25] (circumstances where requirement to take part in an interview does not apply) there shall be added the words "or the Social Security (Jobcentre Plus Interviews) Regulations 2002".
(ii) in the definition of "official error", paragraph (c) shall be omitted;
(b) in regulation 4(8) (revision of decisions), the words from "or, in a case" to the end of the paragraph shall be omitted;
(ii) in paragraph (7), the words from "or, in a case" to the end of the paragraph shall be omitted;
(e) in regulation 20(1)(c) (making of appeals and applications), the words from ", or in a case" to the end of the sub-paragraph shall be omitted.
(This note is not part of the Regulations) These Regulations impose a requirement on persons 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 prescribes the time when the interview is to take place. 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 and regulation 7 specifies that an interview can be deferred. Regulation 8 prescribes circumstances when a person is exempted from the requirement to take part in an interview. Regulation 9 specifies when a requirement to take part in two or more interviews is satisfied by the person taking part in a single interview. Regulation 10 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 11 prescribes circumstances as to when a person is to be regarded as having taken part in an interview and regulation 12 details the consequences of a failure to take part in an interview. Regulation 13 specifies the circumstances where those consequences to not apply and regulation 14 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 15 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 16 and Schedule 1 revoke previous regulations, with savings and a transitional provision, which imposed requirements on persons in certain areas to take part in interviews. Regulation 17 and Schedule 2 make amendments to other regulations which are consequential both on these Regulations and the revocation and transitional effect of the regulations referred to in Schedule 1. These Regulations do not impose a charge on business. Notes: [1] 1992 c.5. Sections 2A, 2B and 7A were inserted by the Welfare Reform and Pensions Act 1999 (c.30), sections 57 and 71 respectively; section 191 is an interpretation provision and is cited because of the meaning ascribed to the word "prescribe". Section 2A(8) is cited because of the meaning ascribed to the word "specified".back [2] 2000 c.19. Paragraph 23(1) is cited because of the meaning ascribed to the word "prescribed".back [4] See section 176(1) of the Social Security Administration Act 1992.back [5] See section 173(1)(b) of the Social Security Administration Act 1992. Section 68 of, and Schedule 7 to, the Child Support, Pensions and Social Security Act 2000 were included in the list of "relevant enactments" in section 170(5) by section 73 of the 2000 Act.back [7] 1992 c.4. Section 20(1)(ea) was inserted by the Welfare Reform and Pensions Act 1999, section 70.back [9] S.I. 1987/1971; the relevant amending instruments are S.I. 1991/1599, 1993/2118, 1995/560, 1996/1550 and 1999/2165.back [10] Offices designated as Jobcentre Plus Offices are identified in two lists entitled "Jobcentre Plus Pathfinder Offices" and "Jobcentre Plus Work-focused Interview Extension Sites" which are available from the Department for Work and Pensions, W2W1, 4S25, Quarry House, Quarry Hill, Leeds, LS2 7UA.back [12] Offices displaying the ONE logo are identified in a list entitled "ONE sites - a complete list" which is available from the Department for Work and Pensions, W2W1, 4S25, Quarry House, Quarry Hill, Leeds, LS2 7UA.back [14] 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 [15] S.I. 1996/207; regulation 3D was inserted by S.I. 2000/1978 and amended by S.I. 2001/518.back [16] 1992 c.5; section 2B was inserted by the Welfare Reform and Pensions Act 1999, section 57.back [19] S.I. 1987/1968; the relevant amending instrument is S.I. 2000/897.back [20] S.I. 1987/1971; the relevant amending instrument is S.I. 2000/897.back [21] S.I. 1992/1813; the relevant amending instruments are S.I. 1999/1047 and 2000/897.back [22] S.I. 1992/1814; the relevant amending instrument is S.I. 2000/897.back [23] S.I. 1996/2907; the relevant amending instruments are S.I. 1999/1047 and 2000/897.back [24] S.I. 1999/991; the relevant amending instrument is S.I. 2000/897.back [25] S.I. 2000/1926; the relevant amending instrument is S.I. 2001/3210.back
ISBN 0 11 042438 7
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