The Social Security (Working Neighbourhoods) Regulations 2004

Continuing entitlement to payment of full amount of a specified benefit dependent upon an interview

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(1) (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(2) 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(3) (functions of the Secretary of State) or under section 2 of the Enterprise and New Towns (Scotland) Act 1990(4) (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.

(1)

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

(2)

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

(3)

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).

(4)

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.