The Social Security (Work-focused Interviews Amendment) Regulations (Northern Ireland) 2005

Amendment of the Work-focused Interviews for Lone Parents Regulations

3.—(1) The Social Security (Work-focused Interviews for Lone Parents) Regulations (Northern Ireland) 2001(1) shall be amended in accordance with paragraphs (2) to (8).

(2) In regulation 2(1) (requirement for lone parents claiming or entitled to income support to take part in an interview), for “4 to 6” there shall be substituted “2A and 4 to 6”.

(3) After regulation 2 there shall be inserted the following regulation—

“Requirement for specified lone parents to take part in an interview

2A.— (1) In this regulation, “specified lone parent” means a lone parent who—

(a) is responsible for and living in the same household as—

(i) a single child aged 14 or 15, or

(ii) more than one child where the youngest is aged 14 or 15, and

(b) has been continuously entitled for at least 12 months to income support other than—

(i) income support where paragraph 7 (persons incapable of work) of Schedule 1B to the Income Support (General) Regulations (Northern Ireland) 1987 applies, or

(ii) 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 (Northern Ireland) 1987 applies.

(2) Subject to paragraph (3) and regulations 4 to 6, a specified lone parent is required to take part in an interview.

(3) Where a lone parent has taken part in an interview under regulation 2, a requirement shall not arise under paragraph (2) until the expiry of 13 weeks from the day of that interview.

(4) Subject to regulations 4 to 6, a specified lone parent is required to take part in a further interview after the expiry of 13 weeks from the day on which—

(a) he last took part in an interview;

(b) he last failed to take part in an interview; or

(c) a determination was made under regulation 6 with effect that he is to be treated as having taken part in an interview.

(5) An officer shall arrange for an interview referred to in paragraph (2) or (4) to take place as soon as is reasonably practicable after the date on which the requirement to take part in that interview arises.

(6) A specified lone parent who—

(a) is required to take part in an interview under this regulation, or

(b) has had a requirement to take part in an interview under this regulation waived or deferred,

is not required to take part in an interview under regulation 2 unless he ceases to be a specified lone parent.

(7) For the avoidance of doubt, “lone parent” in the other provisions of these Regulations includes specified lone parents.”.

(4) In regulation 3 (taking part in an interview), for paragraph (2) there shall be substituted the following paragraphs—

“(2) Subject to regulations 5(2) and 6(2), a lone parent who has not taken part in an interview under these Regulations before 31st October 2005 shall be regarded as having taken part in his first interview under these Regulations if—

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

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

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

(i) the level to which he has pursued any educational qualifications;

(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;

(vii) any caring or childcare responsibilities he has;

(viii) his aspirations for future employment;

(ix) any vocational training or skills which he wishes to undertake or acquire; and

(x) his work related abilities; and

(d) he assists the officer in the completion of an action plan which records the matters discussed in relation to sub-paragraph (b).

(2A) Subject to regulations 5(2) and 6(2), a lone parent who has taken part in an interview under these Regulations before 31st October 2005 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 the officer;

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

(c) he participates in discussions with the officer—

(i) in relation to the lone parent’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 lone parent obtain employment;

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

(i) the content of any report made following his personal capability assessment, insofar as that report relates to the lone parent’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) he assists the officer in the completion of an action plan which records the matters discussed in relation to sub-paragraph (b).

(2B) Subject to regulations 5(2) and 6(2), a lone parent 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 the officer;

(b) he participates in discussions with the officer—

(i) in relation to the lone parent’s employability or any progress he might have made towards obtaining employment;

(ii) about any action the lone parent or the officer might have taken as a result of the matters discussed in relation to paragraph (2)(b) or (2A)(b);

(iii) about how, if at all, the action plan referred to in paragraphs (2)(d) or (2A)(e) should be amended; and

(iv) in order to consider any of the programmes and support available to help the lone parent obtain employment;

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

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

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

(d) he assists the officer in the completion of any amendment of the action plan referred to in paragraphs (2)(d) or (2A)(e) in light of the matters discussed in relation to sub-paragraph (b) and the information provided in relation to sub-paragraph (c).”.

(5) For regulation 4 (circumstances where requirement to take part in an interview does not apply), there shall be substituted the following regulation—

“Circumstances where requirement to take part in an interview does not apply

4.   Regulation 2 shall not apply where the lone parent—

(a) has attained the age of 60;

(b) has not attained the age of 18, or

(c) is—

(i) required to take part in an interview; or

(ii) not required to take part in an interview by virtue of—

(aa) a waiver of a requirement, or

(bb) a deferment of an interview,

under the Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2001 or the Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2003.”.

(6) In regulation 5(2) (deferment of requirement to take part in an interview), for “regulation 2” there shall be substituted “regulations 2 and 2A”.

(7) In regulation 6(2)(a) (waiver), for “regulation 2” there shall be substituted “regulations 2 and 2A”.

(8) In regulation 7 (consequence of failure to take part in a work-focused interview)—

(a) in paragraph 3(b), after “regulation 2(1)(b)” there shall be inserted “or 2A”;

(b) in paragraph (5)(g), for “a chronic condition” there shall be substituted “a physical or mental health condition”.

(1)

S.R. 2001 No. 152