The Social Security (Jobcentre Plus Interviews) Regulations 2001

Made: 21st September 2001

Laid before Parliament: 26th September 2001

Coming into force: 22nd October 2001

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 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 and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it, hereby makes the following Regulations:

Citation and commencement

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These Regulations may be cited as the Social Security (Jobcentre Plus Interviews) Regulations 2001 and shall come into force on 22nd October 2001.

Interpretation

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• (1) In these Regulations, unless the context otherwise requires—

• “the 1998 Act” means the Social Security Act 1998 ;

• “the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992 ;

• “benefit week” means any period of seven days corresponding to the week in respect of which the relevant specified benefit is due to be paid;

• ...

• ““the Careers Service” means— In England and Wales, a person with whom the Secretary of State or, as the case may be, the National Assembly for Wales, have made arrangements under section 10(1) of the Employment and Training Act 1973 or a local education authority to whom a direction has been given by the Secretary of State or the National Assembly for Wales under section 10(2) of that Act; 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;

• “the Connexions Service” means a person of any description with whom the Secretary of State has made an arrangement under section 114(2)(a) of the Learning and Skills Act 2000 and section 10(1) of the Employment and Training Act 1973 and any person to whom he has given a direction under section 114(2)(b) of the Learning and Skills Act 2000 and section 10(2) of the Employment and Training Act 1973;

• “interview” means a work-focused interview with a relevant person who has claimed a specified benefit at an office designated by the Secretary of State as a Jobcentre Plus office and which is conducted for any or all of the following purposes— assessing that person’s prospects for existing or future employment (whether paid or voluntary);assisting or encouraging that person to enhance his prospects of such employment;identifying activities which that person may undertake to strengthen his existing or future prospects of employment;identifying current or future employment or training opportunities suitable to that person’s needs; andidentifying educational opportunities connected with the existing or future employment prospects or needs of that person;

• “lone parent” has the meaning it bears in regulation 2(1) of the Income Support (General) Regulations 1987;

• “officer” means an officer of, or providing services to, the Secretary of State;

• “pensionable age”, in the case of a man born before 6th April 1955, means the age when a woman born on the same day as the man would attain pensionable age;

• “specified benefit” means income support, incapacity benefit and severe disablement allowance;

• “specified person” means—a lone parent, ora person who claims—incapacity benefit,income support where paragraph 7 (persons incapable of work) of Schedule 1B to the Income Support (General) Regulations 1987 applies,income support where paragraph 24 or 25 (persons appealing against a decision which embodies a determination that they are not incapable of work) of Schedule 1B to the Income Support (General) Regulations 1987 applies, orsevere disablement allowance;

• (2) In these Regulations, a “relevant person” means a person who resides in an area identified in Schedule 1.

• (3) For the purposes of these Regulations—

• (a) a person shall be deemed to be in remunerative work where he is in remunerative work within the meaning prescribed in regulation 4 of the Housing Benefit (General) Regulations 1987 ; and

• (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.

• (5) Where a claim for benefit is made by a person (“the appointee”) on behalf of another, references in these Regulations to a person claiming benefit shall be treated as a reference to the person on whose behalf the claim is made and not to the appointee.

• (6) In these Regulations, unless the context otherwise requires, a reference—

• (a) to a numbered regulation is to a regulation in these Regulations bearing that number;

• (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

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Continuing entitlement dependent on an interview

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• (1) Subject to regulations 5 to 7, a relevant person who has not attained pensionable age and who is entitled to a specified benefit, shall be required to take part in an interview as a condition of his continuing to be entitled to the full amount of benefit which is payable apart from these Regulations where paragraph (2) applies and—

• (a) in the case of a lone parent who has attained the age of 18 and who has not made a claim for either incapacity benefit or severe disablement allowance, paragraph (3) applies; or

• (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.

• (3) A lone parent to whom paragraph (1)(a) applies shall be required to take part in an interview—

• (a) after the expiry of six months from the date on which—

• (i) he took part in an interview under regulation 3; or

• (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—

• (i) he took part in that interview;

• (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—

• (i) he last took part in an interview;

• (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—

• (a) it is determined in accordance with a personal capability assessment that a person is incapable of work and therefore, continues to be entitled to a specified benefit;

• (b) a person’s entitlement to carer’s allowance ceases whilst entitlement to a 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.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Waiver

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• (1) A requirement imposed by these Regulations to take part in an interview shall not apply if the Secretary of State determines that an interview would not—

• (a) be of assistance to the relevant person; or

• (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—

• (a) regulation 3 or 4; and

• (b) any claim for, or entitlement to, a specified benefit,

as having complied with that requirement.

Deferment of requirement to take part in an interview

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• (1) Except in a case to which paragraph (2) applies, an officer shall arrange for an interview to take place as soon as reasonably practicable after the claim is made or the requirement, under regulation 4(3) to (5), arises.

• (2) This paragraph applies where an officer determines, in the case of any particular person, that the requirement to take part in an interview shall not apply at the time the claim is made or the event occurs because an interview would not at that time—

• (a) be of assistance to that person; or

• (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.

• (4) Where an interview has been deferred in accordance with this regulation, then until both—

• (a) a determination has been made that the claimant is to take part in an interview; and

• (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.

Exemptions

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• (1) Subject to paragraph (2), persons who, as at the date on which the claim for a specified benefit is made or the requirement to take part in an interview under regulation 4 arises—

• (a) are engaged in remunerative work; or

• (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.

• (2) Paragraph (1)(b) shall not apply where—

• (a) a joint-claim couple (as defined for the purposes of section 1(4) of the Jobseekers Act 1995 ) have claimed a jobseeker’s allowance; and

• (b) a member of that couple is a person to whom regulation 3D(1)(c) of the Jobseeker’s Allowance Regulations 1996 (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

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A person who would otherwise be required under these Regulations to take part in interviews relating to more than one specified benefit—

• (a) is only required to take part in one interview; and

• (b) that interview counts for the purposes of all those benefits.

The interview

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• (1) An officer shall inform the relevant person of the place and time of the interview.

• (2) An officer may determine that an interview is to take place in the home of a relevant person where it would, in the opinion of the officer, be unreasonable to expect that person to attend elsewhere because that person’s personal circumstances are such that attending elsewhere would cause him undue inconvenience or endanger his health.

Taking part in an interview

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• (1) An officer shall determine whether a relevant person has taken part in an interview.

• (2) A relevant person shall be regarded as having taken part in his first interview under these Regulations after 30th October 2005 if—

• (a) he attends for the interview at the place and time notified to him by an officer;

• (b) where he is a specified person, he participates in discussions with the officer in relation to the specified person’s employability, including any action the specified person and the officer agree is reasonable and they are willing to take in order to help the specified person enhance his employment prospects;

• (c) he participates in discussions with the officer—

• (i) in relation to the relevant person’s employability or any progress he might have made towards obtaining employment; and

• (ii) in order to consider any of the programmes and support available to help the relevant person obtain employment;

• (d) he provides answers (where asked) and appropriate information to questions about—

• (i) the content of any report made following his personal capability assessment, insofar as that report relates to the relevant person’s capabilities and employability; and

• (ii) his opinion as to the extent to which his medical condition restricts his ability to obtain employment; and

• (e) where he is a specified person, he assists the officer in the completion of an action plan which records the matters discussed in relation to sub-paragraph (b) above.

• (2A) A relevant person shall be regarded as having taken part in any subsequent interview under these Regulations if—

• (a) he attends for the interview at the place and time notified to him by an officer;

• (b) he participates in discussions with the officer—

• (i) in relation to the relevant person’s employability or any progress he might have made towards obtaining employment; and

• (ii) in order to consider any of the programmes and support available to help the relevant person obtain employment;

• (c) where he is a specified person, he participates in discussions with the officer—

• (i) about any action the specified person or the officer might have taken as a result of the matters discussed in relation to paragraph (2)(b) above; and

• (ii) about how, if at all, the action plan referred to in paragraph (2)(e) above should be amended;

• (d) he provides answers (where asked) and appropriate information to questions about—

• (i) the content of any report made following his personal capability assessment, insofar as that report relates to the relevant person’s capabilities and employability; and

• (ii) his opinion as to the extent to which his medical condition restricts his ability to obtain employment; and

• (e) where he is a specified person, he assists the officer in the completion of any amendment of the action plan referred to in paragraph (2)(e) above in light of the matters discussed in relation to sub-paragraphs (b) and (c) above and the information provided in relation to sub-paragraph (d) above.

• (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.

Failure to take part in an interview

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• (1) A person who—

• (a) has been notified of any interview in accordance with these Regulations;

• (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.

• (2) Those consequences are—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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.

• (4) Where two or more specified benefits are in payment to a claimant, a deduction made in accordance with this regulation shall be applied, except in a case to which paragraph (5) applies, to the specified benefits in the following order of priority—

• (a) income support;

• (b) incapacity benefit;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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.

• (6) For the purpose of determining whether a specified benefit is the same as, or greater than, the amount of the reduction for the purposes of paragraph (5), 10 pence shall be added to the amount of the reduction.