The Social Security (Working Neighbourhoods) Regulations 2004

Citation and commencement E+W+S

1.  These Regulations may be cited as the Social Security (Working Neighbourhoods) Regulations 2004 and shall come into force on 26th April 2004.

Interpretation and application E+W+S

2.—(1) In these Regulations—

“the 1998 Act” means the Social Security Act 1998 M1 ;

“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;

“benefit recipient” means a person who—

(a)

has attained the age of 18 but has not attained the age of 60; and

(b)

is receiving any of the specified benefits at a higher rate referable to a partner;

“direction” means a direction to participate in an employment zone programme;

“employment zone” means the areas within Great Britain listed within Part 2 of the Schedule which are subject to the designation in regulation 16 for the purposes of these Regulations by the Secretary of State pursuant to section 60 of the Welfare Reform and Pensions Act 1999 as areas wherein employment zone programmes subject to these Regulations are established M2 ;

“employment zone programme” means a programme which is designed to assist jobseekers to obtain sustainable employment and which is established by the Secretary of State pursuant to section 60 of the Welfare Reform and Pensions Act 1999 for an employment zone;

“incapacity-based income support” means income support where paragraph 7(persons incapable of work) of Schedule 1B to the Income Support (General) Regulations 1987 M3 applies;

“interview” means a work-focused interview with a relevant person which is conducted for any or all of the following purposes—

(a)

assessing that relevant person’s prospects for existing or future employment (whether paid or voluntary);

(b)

assisting or encouraging that relevant person to enhance his prospects of such employment;

(c)

identifying activities which that relevant person may undertake to strengthen his existing or future prospects of employment;

(d)

identifying current or future employment, training or, if appropriate, rehabilitation opportunities suitable to that relevant person’s needs;

(e)

identifying educational opportunities connected with the existing or future employment prospects or needs of that relevant person;

(f)

identifying financial incentives that may be available to support the existing or future employment prospects of that relevant person;

“jobseeker” means a person claiming a jobseeker’s allowance;

“officer” means—

(a)

a person who is an officer of the Secretary of State; or

(b)

for the purposes of regulations 3 to 15, a person who is providing services to or exercising functions of the Secretary of State; or

(c)

for the purposes of regulations 16 to 21, such other person as may be designated as an employment officer for the purposes of sections 8 or 19 of the Jobseekers Act 1995 by an order made by the Secretary of State;

“partner” means a person who is a member of the same couple as a benefit recipient, or, in a case where a benefit recipient has more than one partner, a person who is a partner of the benefit recipient by reason of a polygamous marriage;

“personal capability assessment” means the assessment defined in Part III of the Social Security (Incapacity for Work) (General) Regulations 1995 M4 (personal capability assessment);

“polygamous marriage” means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy;

“relevant person” means a person to whom regulations 3 to 15 apply by virtue of paragraph (3);

“specified benefit” means—

(a)

income support;

(b)

incapacity benefit;

(c)

severe disablement allowance; or

(d)

in relation to a requirement to take part in an interview for a partner only, an income-based jobseeker’s allowance other than a joint-claim jobseeker’s allowance.

(2) For the purposes of section 60 of the Welfare Reform and Pensions Act 1999 “employment” means employment whether under a contract of service or a contract of apprenticeship, or a contract for services, or otherwise than under a contract, and includes in particular self-employment and the holding of an office.

(3) Regulations 3 to 15 apply to a person who—

(a) ordinarily resides in an area identified in either Part 1 or Part 2 of the Schedule;

(b) has attained the age of 18 but has not attained the age of 60; and

(c) either—

(i) makes a claim for income support or incapacity benefit on or after 26th April 2004, or

(ii) has been continuously entitled to income support (apart from incapacity-based income support) from a date before 26th April 2004, or

(iii) is a partner.

(4) Subject to regulation 21, regulations 17 to 20 apply to a jobseeker who—

(a) ordinarily resides in an area identified in Part 2 of the Schedule; and

(b) has attained the age of 18.

Marginal Citations

M1 1998 c. 14.

M2 The list of areas designated as employment zones for the purposes of these Regulations is contained in Part 2 of the Schedule. It can also be obtained from Welfare to Work Strategy Division, Department for Work and Pensions, Room N1108, Moorfoot, Sheffield, S1 4PQ and is published on the internet at www.employmentzones.gov.uk.

M3 S.I. 1987/1967. Schedule 1B was inserted by S.I. 1996/206.

M4 S.I. 1995/311. Part III was amended by S.I. 1995/987, 1996/3207, 1999/3109 and 2000/590.

Requirement for a relevant person claiming certain benefits to take part in an interview E+W+S

3.  Subject to regulations 6 and 7, a relevant person who makes a claim for income support or incapacity benefit is required to take part in an interview as a condition of the claim for that benefit.

Continuing entitlement to payment of full amount of a specified benefit dependent upon an interview E+W+S

4.—(1) Subject to paragraphs (3) and (4) and regulations 6 to 9, a relevant person is required to take part in an interview—

(a) at the intervals prescribed in paragraph (2), and

(b) when any of the circumstances specified in paragraph (5) apply,

as a condition of that person, or, where the relevant person is a partner, the benefit recipient continuing to be paid the full amount of a specified benefit which is payable apart from these Regulations.

(2) A requirement under paragraph (1) shall arise at intervals of 13 weeks commencing with the day on which a relevant person attends an interview, with the first such requirement arising—

(a) 13 weeks from the day on which a relevant person attends an interview as a result of a requirement arising under regulation 3; or

(b) where a relevant person does not make a claim for income support or incapacity benefit and a requirement does not arise under regulation 3, on the day that the relevant person becomes subject to these Regulations by virtue of regulation 2(3).

(3) A relevant person shall not be required to attend more than—

(a) five interviews by virtue of paragraph (2) in relation to any one claim by the relevant person for incapacity benefit or incapacity-based income support; or

(b) eight interviews under this regulation in relation to any other claim for or award of income support or where the relevant person is a partner.

(4) Where a relevant person—

(a) has attended five interviews by virtue of paragraph (2) in relation to any one claim for incapacity benefit or incapacity-based income support, or

(b) is treated as incapable of work in accordance with the provisions of regulation 10 of the Social Security (Incapacity for Work)(General) Regulations 1995 M5 (certain persons with a severe condition to be treated as incapable of work) and is subject to the exemption in regulation 8(1),

a requirement under paragraph (1) shall arise when any of the circumstances specified in paragraph (5) apply.

(5) The circumstances specified for the purpose of paragraph (4) are those where—

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

(b) the relevant person’s entitlement (if any) to a carer’s allowance M6 ceases whilst his entitlement to a specified benefit continues;

(c) the relevant person becomes engaged or ceases to be engaged in part-time work; or

(d) the relevant person has been undergoing education or training, or has been participating in a rehabilitation programme or a programme provided in pursuance of arrangements made under section 2 of the Employment and Training Act 1973 M7 (functions of the Secretary of State) or under section 2 of the Enterprise and New Towns (Scotland) Act 1990 M8 (functions in relation to training for employment etc.), which has been arranged by an officer and that education, training or programme comes to an end or the relevant person leaves it before completing it.

Marginal Citations

M5 S.I. 1995/311; the relevant amending instruments are S.I. 1995/987, 1996/3207, 1997/1009 and 1999/3109.

M6 S.I. 2002/1457 changed the name of invalid care allowance to carer’s allowance with effect from 1st April 2003.

M7 1973 c. 50. Section 2 was substituted by section 25(1) of the Employment Act 1988 (c. 19). It was amended by section 29(4) of, and Schedule 7 to, the Employment Act 1989 (c. 38) and, in relation to Scotland only, by section 47(1) of the Trade Union Reform and Employment Rights Act 1993 (c. 19).

M8 1990 c. 35. Section 2 (which applies to Scotland only) was amended by sections 47(2) and (4) and 51 of, and Schedule 10 to, the Trade Union Reform and Employment Rights Act 1993 (c. 19) and by S.I. 1999/1820.

Time when interview is to take place E+W+S

5.  An officer shall arrange for an interview to take place as soon as reasonably practicable after—

(a) a requirement under regulation 3 or regulation 4(1) arises; or,

(b) 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 E+W+S

6.—(1) A requirement under these Regulations to take part in an interview shall not apply where an officer determines that an interview would not—

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

(b) be appropriate in the circumstances.

(2) A relevant 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 regulation 3 or 4 as having complied with that requirement in respect of that interview.

Deferment of requirement to take part in an interview E+W+S

7.—(1) The requirement for a relevant person to take part in an interview shall be deferred, in the case of a requirement under regulation 3, at the time the relevant person makes his claim, or, in the case of a requirement under regulation 4, at the time the requirement to take part in an interview arises or applies until a time determined by an officer, if the officer determines that an interview would not until that time—

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

(b) be appropriate in the circumstances.

(2) The officer shall determine the time when the requirement to take part in an interview is to apply to the relevant person at the time when the requirement to take part in an interview is deferred in accordance with paragraph (1) above.

(3) Where a requirement to take part in an interview has been deferred in accordance with paragraph (1), then until—

(a) a determination is made under regulation 6(1);

(b) the relevant person takes part in an interview; or

(c) a relevant decision has been made in relation to that relevant person in accordance with regulation 11(4),

that relevant person shall be treated for the purposes of regulation 3 or 4 as having complied with that requirement, and no further requirements to take part in interviews shall arise under regulation 4.

Exemptions E+W+S

8.—(1) A relevant person, who on the day on which a requirement to take part in an interview arises or applies under regulation 4(1) or 7(2) is treated as incapable of work in accordance with the provisions of regulation 10 of the Social Security (Incapacity for Work) (General) Regulations 1995 M9 (certain persons with a severe condition to be treated as incapable of work), shall be exempt from that and any further requirement to take part in an interview under regulation 4(1) unless one of the circumstances specified in regulation 4(5) applies.

(2) A partner who, on the day on which a requirement to take part in an interview arises or applies under regulation 4(1) or 7(2), is in receipt of a specified benefit as a claimant in his own right shall be exempt from any requirement to take part in an interview under regulation 4(1) by virtue of being a partner.

Marginal Citations

M9 S.I. 1995/311; the relevant amending instruments are S.I. 1995/987, 1996/3207, 1997/1009 and 1999/3109.

Claims for two or more specified benefits E+W+S

9.—(1) Subject to paragraph (2), a relevant person who would otherwise be required under regulation 4(1) to take part in interviews relating to more than one specified benefit—

(a) is only required to take part in interviews in connection with one specified benefit during any period when the relevant person or, where the relevant person is a partner, the benefit recipient is in receipt of two or more specified benefits concurrently; and

(b) those interviews shall count for the purposes of each of those benefits.

(2) Where a relevant person who is in receipt of at least one specified benefit makes a claim for income support or incapacity benefit then—

(a) he is required to take part in an interview under regulation 3, and

(b) the next requirement to take part in an interview shall arise under regulation 4(1) in accordance with paragraph (2)(a) of that regulation.

The interview E+W+S

10.—(1) An officer shall inform a relevant person who is required to take part in an interview of the date, place and time of the interview.

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

(3) An officer shall conduct the interview.

Taking part in an interview E+W+S

11.—(1) The 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 the first interview which he attends under these Regulations, whether as a result of a requirement arising under regulation 3 or 4, 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 relevant person’s employability, including any action the relevant person and the officer agree is reasonable and they are willing to take in order to help the relevant person enhance his employment prospects;

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

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

(ii) his employment history;

(iii) his aspirations for future employment;

(iv) any vocational training he has undertaken;

(v) any skills he has acquired which fit him for employment;

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

(vii) any paid or unpaid employment he is engaged in;

(viii) the extent to which any medical condition, in his opinion, restricts his ability to undertake or puts him at a disadvantage in undertaking employment;

(ix) his work related abilities;

(x) any caring or childcare responsibilities he has; and

(xi) his financial position and how this may be improved should he obtain or enhance his employment; and

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

(3) A relevant person shall be regarded as having taken part in any subsequent interview which he attends as a result of requirements arising under either regulation 3 or 4 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 relevant person’s employability or any progress he might have made towards obtaining or enhancing his employment;

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

(iii) about his current aspirations towards employment;

(iv) about how, if at all, the action plan referred to in paragraph (2)(d) should be amended;

(v) in order to review any of the programmes and support available to help the relevant person obtain or enhance his employment; and

(vi) in order to review his financial position and how this may be improved should he obtain or enhance his employment;

(c) in the case of a relevant person in receipt of incapacity benefit or incapacity-based income support, he provides answers (where asked) to questions and appropriate information about—

(i) the content of any report made following a 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 undertake or enhance his employment; and

(d) he assists the officer in the completion of any amendment of the action plan referred to in paragraph (2)(d) in the light of the matters discussed in relation to sub-paragraph (b) and, where relevant, the information provided in relation to sub-paragraph (c).

(4) Where an officer determines that a relevant person has failed to take part in an interview and good cause has not been shown by the relevant person or, where the relevant person is a partner, by either the relevant person or the benefit recipient for that failure within five working days of the day on which the interview was to take place, a relevant decision shall be made for the purposes of section 2B of the Social Security Administration Act 1992 M10 , and the relevant person and, where the relevant person is a partner, the benefit recipient shall be notified accordingly.

Marginal Citations

M10 1992 c. 5. Section 2B was inserted by section 57 of the Welfare Reform and Pensions Act 1999 (c. 30) and amended by paragraphs 8 and 9 of Schedule 7 to and section 54 of, and Schedule 8 to, the Employment Act 2002 (c. 22).

Failure to take part in an interview E+W+S

12.—(1) Where a relevant decision has been made in accordance with regulation 11(4), a relevant person or, where the relevant person is a partner, the benefit recipient shall, subject to paragraph (13), suffer the consequences set out below.

(2) Those consequences are—

(a) where the requirement to take part in an interview arose under regulation 3 in connection with a claim for income support or incapacity benefit, that the relevant person to whom the claim relates is, subject to sub-paragraph (b), to be regarded as not having made that claim for that benefit;

(b) where the requirement to take part in an interview which arose under regulation 3 in connection with a claim for income support or incapacity benefit was deferred and that benefit became payable by virtue of regulation 7(3), that the relevant 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 relevant person or, where the relevant person is a partner, the benefit recipient has an award of a specified benefit and the requirement to take part in an interview arose under regulation 4, the specified benefit payable in respect of which the requirement to take part in an interview arose shall be reduced.

(3) The reduction made to benefit in accordance with paragraph (2)(c) shall (subject to paragraphs (4) and (5)) be by a sum equal to 20 per cent. of the amount applicable on the date the reduction commences in respect of a single claimant for income support aged not less than 25 and shall take effect either as from the first day of the next benefit week following the day on which the relevant decision was made, or, if the relevant person is a partner and if that date arises five days or less after the day on which the relevant decision was made, as from the first day of the second benefit week following the date of the relevant decision.

(4) Benefit reduced in accordance with paragraph (2)(c) shall not be reduced below ten pence per week.

(5) Where two or more specified benefits are in payment to a relevant person, or, where the relevant person is a partner, to the benefit recipient, a reduction made in accordance with this regulation shall be applied, except in a case to which paragraph (6) applies, to the specified benefits in the following order of priority—

(a) an income-based jobseeker’s allowance;

(b) income support;

(c) incapacity benefit;

(d) severe disablement allowance.

(6) Where the amount of the reduction is greater than some (but not all) of the specified benefits listed in paragraph (5), 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.

(7) 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 (6), ten pence shall be added to the amount of the reduction.

(8) In a case where the whole of the reduction cannot be applied against any one specified benefit because the amount of no one benefit is the same as, or greater than, the amount of the reduction, the reduction shall be applied against the first benefit in payment in the list of priorities at paragraph (5) and so on against each benefit in turn until the whole of the reduction is exhausted or, if this is not possible, the whole of the specified benefits are exhausted, subject in each case to ten pence remaining in payment.

(9) Where the rate of any specified benefit payable to a relevant person, or, where a relevant person is a partner, to a benefit recipient changes, the rules set out above for a reduction in the benefit payable shall be applied to the new rates, and any adjustments to the benefits against which the reductions are made shall take effect from the beginning of the first benefit week to commence for that relevant person or benefit recipient following the change.

(10) For the avoidance of doubt, paragraph (2)(c) shall apply each time a relevant decision is made in accordance with regulation 11(4) arising from a requirement to take part in an interview under regulation 4 in respect of a relevant person.

(11) For the avoidance of doubt, a relevant person who is regarded as not having made a claim for income support or incapacity benefit because he failed to take part in an interview as a result of a requirement arising under regulation 3 shall be required to make a new claim in order to establish entitlement to that benefit.

(12) For the purposes of determining the amount of any benefit payable, a relevant person, or where a relevant person is a partner, a benefit recipient shall be treated as receiving the amount of any specified benefit which would have been payable but for a reduction made in accordance with this regulation.

(13) Benefit shall not be reduced in accordance with this regulation where a relevant person or, where the relevant person is a partner, the relevant person or the benefit recipient, brings new facts to the notice of the Secretary of State within one month of the date on which the decision that the relevant person failed without good cause to take part in an interview was notified to him and—

(a) those facts could not reasonably have been brought to the Secretary of State’s notice within five working days of the day on which the interview was to take place; and

(b) those facts show that the relevant person had good cause for his failure to take part in the interview.

Circumstances where regulation 12 ceases to apply E+W+S

13.  Where a reduction of benefit has been made under regulation 12 the whole of the reduction relating to any requirements to attend interviews in respect of a relevant person shall not apply—

(a) where the relevant person subsequently takes part in an interview, as from the first day of the benefit week in which a requirement to take part in an interview was met; or

(b) as from the date when a relevant person who failed to take part in an interview is no longer a relevant person to whom regulations 3 to 15 apply by virtue of regulation 2(3).

Good cause E+W+S

14.  Matters to be taken into account in determining whether the relevant person or, where the relevant person is a partner, the relevant person or the benefit recipient has shown good cause for the relevant person’s failure to take part in an interview include—

(a) that the relevant person misunderstood the requirement to take part in an interview due to any learning, language or literacy difficulties of the relevant person or any misleading information given to the relevant person by the officer;

(b) that the relevant person was attending a medical or dental appointment, or accompanying a person for whom the relevant person had caring responsibilities to such an appointment, and that it would have been unreasonable, in the circumstances, to rearrange the appointment;

(c) that the relevant 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 relevant person belongs prevented him attending on the day or at the time fixed for the interview;

(e) that the relevant person was attending an interview with an employer with a view to obtaining employment;

(f) that the relevant person was pursuing employment opportunities as a self-employed earner;

(g) that the relevant person, benefit recipient or a dependant or a person for whom the relevant person provides care suffered an accident, sudden illness or relapse of a physical or mental health condition;

(h) that the relevant person was attending the funeral of a relative or close friend on the day fixed for the interview;

(i) that a disability from which the relevant person suffers made it impracticable for him to attend at the time fixed for the interview.

Appeals E+W+S

15.—(1) This regulation applies to any relevant decision made under regulation 11(4) or any decision made under section 10 of the 1998 Act M11 (decisions superseding earlier decisions) superseding such a decision.

(2) This regulation applies whether the decision is as originally made or as revised under section 9 of the 1998 Act (revision of decisions).

(3) In the case of a decision to which this regulation applies, the relevant person in respect of whom the decision was made and, where the relevant person is a partner, the benefit recipient shall have a right of appeal under section 12 of the 1998 Act M12 (appeal to appeal tribunal) to an appeal tribunal.

Marginal Citations

M11 1998 c. 14. Section 10 was amended by paragraph 23 of Schedule 7 and Part I of Schedule 10 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2).

M12 Section 12 was amended by paragraph 25 of Schedule 7 and Part I of Schedule 10 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2).

Areas designated as employment zones E+W+S

16.  The areas designated as employment zones for the purposes of these Regulations are the five areas comprising the postcodes listed in Part 2 of the Schedule.

Referral to an employment zone programme E+W+S

17.  An officer may direct a jobseeker to participate in an employment zone programme if the jobseeker—

(a) has been entitled to a jobseeker’s allowance for a continuous period of at least three months in the period immediately preceding the date on which the direction is made; or

(b) has participated in an employment zone programme pursuant to these Regulations or other regulations made pursuant to section 60 of the Welfare Reform and Pensions Act 1999 M13 (special schemes for claimants for jobseeker’s allowance) in the previous 12 months but did not complete the programme.

Marginal Citations

M13 1999 c. 30.

Early entry to an employment zone programme E+W+S

18.  An officer may direct a jobseeker to participate in an employment zone programme before he has been entitled to a jobseeker’s allowance for a continuous period of at least three months provided that—

(a) the jobseeker has requested the direction; and

(b) his personal circumstances place him at a significant disadvantage in obtaining employment.

Stages of employment zone programme E+W+S

19.—(1) An employment zone programme shall consist of two stages, of which—

(a) the first stage shall last for a maximum period of four weeks;

(b) the second stage shall last for a maximum period of 26 weeks.

(2) A jobseeker begins to participate in the first stage of an employment zone programme on the day when he attends an initial interview with an officer who is an employment zone programme adviser following a direction given under regulation 17 or 18.

(3) Subject to paragraph (1)(a), the jobseeker shall cease to participate in the first stage on the day specified by an officer in a written notification to the jobseeker.

(4) A jobseeker begins to participate in the second stage of an employment zone programme on the day specified by an officer in a written notification to the jobseeker.

(5) Subject to paragraph (1)(b), the jobseeker shall cease to participate in the second stage on the day specified by an officer in a written notification to the jobseeker.

Suspension of the requirements of the Jobseekers Act 1995 E+W+S

20.—(1) During the jobseeker’s participation in the first stage of an employment zone programme the condition for receipt of a jobseeker’s allowance specified in section 1(2)(b) of the Jobseekers Act 1995 M14 (the jobseeker’s allowance) that the jobseeker has entered into a jobseeker’s agreement which remains in force is suspended.

(2) During the jobseeker’s participation in the second stage of an employment zone programme the conditions for receipt of a jobseeker’s allowance specified in section 1(2) of the Jobseekers Act 1995 shall apply with the suspension of the conditions in section 1(2)(a) to (c) of that Act that the jobseeker—

(a) be available for employment;

(b) has entered into a jobseeker’s agreement which remains in force; and

(c) is actively seeking employment.

Marginal Citations

M14 1995 c. 18. Subsection (2) of section 1 was amended by paragraphs 1 and 2 of Schedule 7 to the Welfare Reform and Pensions Act 1999 (c. 30).

Cessation and consequential provision E+W+S

21.—(1) Where a jobseeker to whom a direction given under regulation 17 or 18 would otherwise apply informs the Secretary of State of a change of address that results in that jobseeker no longer being ordinarily resident within an area identified in Part 2 of the Schedule, then—

(a) any sanction incurred by that jobseeker under section 19 (circumstances in which a jobseeker’s allowance is not payable) or 20A (denial or reduction of joint-claim jobseeker’s allowance) of the Jobseekers Act 1995 M15 as a result of his refusing or failing to participate in, or giving up a place on, an employment zone programme as specified in regulation 75(1)(a)(iii) of the Jobseeker’s Allowance Regulations 1996 M16 shall end; and

(b) regulations 19 and 20 shall cease to apply to that jobseeker unless he asks to complete an employment zone programme in which he is participating, in which case those regulations shall continue to apply until he ceases to participate in that programme.

(2) Where a jobseeker asks to complete an employment zone programme in the circumstances specified in paragraph (1) then he shall not incur a sanction under section 19 or 20A of the Jobseekers Act 1995 if, for whatever reason, he subsequently refuses or fails to participate in, or gives up his place on, the employment zone programme in which he was participating.

Marginal Citations

M15 Section 19 was amended by paragraphs 1 and 12 of Schedule 7 to the Welfare Reform and Pensions Act 1999 (c. 30), paragraph 141 of Schedule 7 to the Social Security Act 1998 (c. 14) and paragraph 67 of Schedule 1 to the Employment Rights Act 1996 (c. 18); section 20A was inserted by paragraphs 1 and 13 of Schedule 7 to the Welfare Reform and Pensions Act 1999 (c. 30).

M16 S.I. 1996/207. The definition of an employment zone programme in head (iii) of regulation 75(1)(a) was inserted by S.I. 2000/721 and amended by S.I. 2003/2438.

Amendment of the Social Security (Claims and Payments) Regulations 1987 E+W+S

22.—(1) The Social Security (Claims and Payments) Regulations 1987 M17 shall be amended in accordance with this regulation.

(2) In paragraph (5) of regulation 6A (claims by persons subject to work-focused interviews) for the words “a person is required to take part in under the Social Security (Jobcentre Plus Interviews) Regulations 2002” there shall be substituted “ is conducted for such purposes connected with employment or training as are specified in regulations made under section 2A of the Social Security Administration Act 1992 M18 ”.

Marginal Citations

M17 S.I. 1987/1968. Regulation 6A was inserted by S.I. 2000/897; the relevant amending instrument is S.I. 2002/1703.

M18 1992 c. 5. Section 2A was inserted by section 57 of the Welfare Reform and Pensions Act 1999 (c. 30).

Amendment of the Jobseeker’s Allowance Regulations 1996 E+W+S

23.—(1) The Jobseeker’s Allowance Regulations 1996 M19 shall be amended in accordance with this regulation.

(2) In regulation 75(1)(a) (interpretation) there shall be added at the end of head (iii) “ or the Social Security (Working Neighbourhoods) Regulations 2004 ”.

Marginal Citations

M19 S.I. 1996/207. The definition of an employment zone programme in head (iii) of regulation 75(1)(a) was inserted by S.I. 2000/721 and amended by S.I. 2003/2438.

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 E+W+S

24.—(1) The Social Security and Child Support (Decisions and Appeals) Regulations 1999 M20 shall be amended in accordance with this regulation.

(2) In paragraph (3) of regulation 1 (citation, commencement and interpretation) for the definition of “work-focused interview”M21 there shall be substituted the following definition—

““work-focused interview” means an interview in which a person is required to take part in accordance with regulations made under section 2A or 2AA of the Administration Act;”.

(3) In paragraph (2)(h)(ii) of regulation 6 (supersession of decisions) M22 for the words “under the Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003, ceased to be a partner for the purposes of those Regulations or is no longer a partner to whom those Regulations apply” there shall be substituted the words “ in accordance with regulations made under section 2AA of the Administration Act, ceased to be a partner for the purposes of those regulations or is no longer a partner to whom the requirement to take part in a work-focused interview under those regulations applies ”.

(4) In paragraph (25)(b) of regulation 7 (date from which a decision superseded under section 10 takes effect) M23 —

(a) for the words “under the Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003” there shall be substituted the words “ in accordance with regulations made under section 2AA of the Administration Act M24 ”;

(b) at head (i) for the words “(as defined in regulation 2(1) of those Regulations)” there shall be substituted the words “ (meaning the person who has been awarded a benefit within section 2AA(2) of the Administration Act at a higher rate referable to that partner) ”.

Marginal Citations

M20 S.I. 1999/991.

M21 The definition of “work-focused interview” was inserted in regulation 1(3) by S.I. 2000/897 and was amended by S.I. 2002/1703 and 2003/1886.

M22 Paragraph (2)(h) of regulation 6 was inserted by S.I. 2000/897 and amended by S.I. 2003/1886.

M23 Paragraph (25) of regulation 7 was inserted by S.I. 2000/897 and substituted by S.I. 2003/1886.

M24 1992 c. 5. Section 2AA was inserted by section 49 of the Employment Act 2002 (c. 22).

Amendment of the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000 E+W+S

25.—(1) The Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000 M25 shall be amended in accordance with this regulation.

(2) In regulation 2 (requirement for lone parents claiming or entitled to income support to take part in an interview)—

(a) in paragraph (1)(b) before the words “is entitled to income support and” there shall be inserted the words “ except where sub-paragraph (c) applies, ”;

(b) in paragraph (1) there shall be added the following sub-paragraph—

“(c) is entitled to income support, and has been subject to at least one requirement to take part in an interview under the Social Security (Working Neighbourhoods) Regulations 2004 in relation to that claim, is required to take part in an interview—

(i) after the expiry of six months, and

(ii) after the expiry of one year, and

(iii) at intervals of one year thereafter,

from the date on which he took part in, or was treated as having taken part in, an interview as a condition of the claim for income support, except that a requirement to take part in an interview shall not arise by virtue of heads (i), (ii) or (iii) if the period specified in those provisions has already expired when the lone parent becomes subject to these Regulations.”;

(c) in paragraph (2) there shall be substituted for the words “or (b)(ii)” the words “ ,(b)(ii) or (c) ”.

(3) At the end of regulation 4(d) (circumstances where requirement to take part in an interview does not apply) there shall be added the words “ or the Social Security (Working Neighbourhoods) Regulations 2004 ”.

(4) In paragraph (3)(b) of regulation 7 (consequence of failure to take part in an interview) after the words “regulation 2(1)(b)” there shall be inserted the words “ or (c) ”.

Marginal Citations

M25 S.I. 2000/1926 as amended by S.I. 2001/1189, 2001/3210, 2002/670, 2002/1703, 2003/400, 2003/492 and 2004/565.

Amendment of the Social Security (Jobcentre Plus Interviews) Regulations 2002 E+W+S

26.—(1) The Social Security (Jobcentre Plus Interviews) Regulations 2002 M26 shall be amended in accordance with this regulation.

(2) In paragraph (3) of regulation 2 (interpretation and application) after the words “Except in a case where regulation 16(2) applies,” there shall be inserted the words “ or where a person is subject to provisions within the Social Security (Working Neighbourhoods) Regulations 2004 by virtue of regulation 2(3) of those Regulations, ”.

(3) In regulation 4 (continuing entitlement to specified benefit dependent on an interview)—

(a) in paragraph (1)(a) for the words “paragraph (3)” there shall be substituted the words “ either paragraph (3) or (3A) ”;

(b) in paragraph (2) for the words “but for the requirement being waived in accordance with regulation 6 or deferred in accordance with regulation 7” there shall be substituted the words—

“but for the requirement—

(i) being waived in accordance with regulation 6;

(ii) being deferred in accordance with regulation 7; or

(iii) not arising because the person was at the time of the claim for the specified benefit subject to provisions within the Social Security (Working Neighbourhoods) Regulations 2004 by virtue of regulation 2(3) of those Regulations.”;

(c) at the beginning of paragraph (3) there shall be inserted the words “ Except where paragraph (3A) applies, ”;

(d) there shall be inserted as paragraph (3A) the following paragraph—

“(3A) Where a lone parent to whom paragraph (1)(a) applies was not required to take part in an interview under regulation 3 or under this regulation because at the time that the requirement would have arisen he was subject to provisions within the Social Security (Working Neighbourhoods) Regulations 2004 by virtue of regulation 2(3) of those Regulations, the lone parent shall be required to take part in an interview—

(a) after the expiry of six months, and

(b) after the expiry of one year, and

(c) at intervals of one year thereafter,

from the date on which he took part in, or was treated as having taken part in, an interview as a condition of his claim for income support, except that a requirement to take part in an interview shall not arise by virtue of sub-paragraphs (a), (b) or (c) if the period specified in those provisions has already expired when the lone parent becomes subject to these Regulations.”.

(4) In paragraph (2) of regulation 16 (revocations and transitional provision) after the words “(except for regulations 3 and 11(2)(a) and (b)” there shall be inserted the words “ and except where a person who is a relevant person for the purpose of the 2001 Regulations becomes subject to provisions within the Social Security (Working Neighbourhoods) Regulations 2004 by virtue of regulation 2(3) of those Regulations ”.

Marginal Citations

M26 S.I. 2002/1703, as amended by S.I. 2002/2497, 2003/492 and 2003/2439.

Amendment of the Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003 E+W+S

27.—(1) The Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003 M27 shall be amended in accordance with this regulation.

(2) At the beginning of paragraph (2) of regulation 2 (interpretation and application) there shall be inserted the words “ Except in a case where a partner is subject to provisions within the Social Security (Working Neighbourhoods) Regulations 2004 by virtue of regulation 2(3) of those Regulations, ”.

Marginal Citations

M27 S.I. 2003/1886.

Signed by authority of the Secretary of State for Work and Pensions.

Des Browne

Minister of State,

Department for Work and Pensions

29th March 2004