The Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000

Consequence of failure to take part in an interview E+W+S

7.—(1) Subject to paragraphs [F1 (2), (5) and (5A)] and regulations 5 and 6, [F2 the consequence specified in paragraph (3) ensues] if a person does not—

(a) take part in any interview when required to do so; and

(b) show good cause for not taking part in an interview before the end of five working days following the [F3 date on which the person was notified of his failure to take part in the interview].

[F4 (1A) Where a notice under paragraph (1)(b) is sent by post it is taken to have been received on the second working day after it is sent.]

(2) In a case where within one month of the date on which the decision was notified to a lone parent that he failed without good cause to take part in an interview—

(a) he brings new facts to the notice of an officer which could not reasonably have been brought to an officer’s notice within five working days of the [F5 date on which the person was notified of his failure to take part in the interview]; and

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

paragraph (1)(b) shall apply with the modification that for the words “five working days following" there were substituted the words “ one month of ”.

[F6 (3) The income support of a lone parent to whom paragraph (1) applies shall be reduced in accordance with regulation 8.]

F7 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) For the purposes of this regulation and regulation 8(1), matters to be taken into account in determining whether a person has shown good cause for his failure to take part in an interview include—

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

(b) that the lone parent was attending a medical or dental appointment, or accompanying someone for whom he has caring responsibilities to such an appointment, and that it would be unreasonable, in the circumstances, to have rearranged that appointment;

(c) that the lone parent 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 that lone parent belongs prevented him attending at the time and place for the interview notified to him by an officer;

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

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

(g) that a dependant of the lone parent or someone for whom the lone parent provides care suffered an accident, sudden illness or relapse of [F8 a physical or mental health condition];

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

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

[F9 (5A) The amount of income support payable to a person is not to be reduced in accordance with paragraph (3) if that amount—

(a) is, at the time a decision falls to be made in respect of the current failure, being paid at a reduced rate in accordance with paragraph (3) and regulation 8, regulation 12(2)(c) of the Social Security (Jobcentre Plus Interviews) Regulations 2002 or regulation 8(1) and (2) of the Income Support (Work-Related Activity) and Miscellaneous Amendments Regulations 2014; and

(b) was last reduced not more than two weeks before the date of the current failure.

(5B) In paragraph (5A), “current failure” means a failure which may, in the case of a claimant who has an award of income support, lead to a reduction in income support under paragraph (3) and regulation 8 in relation to which the Secretary of State has not yet determined whether the amount of income support payable to the person is to be reduced in accordance with that paragraph and regulation.]

F10 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in reg. 7(1) substituted (28.4.2014) by The Income Support (Work-Related Activity) and Miscellaneous Amendments Regulations 2014 (S.I. 2014/1097), regs. 1(1), 13(6)(a)(i)

F2 Words in reg. 7(1) substituted (31.10.2011) by The Social Security (Work-focused Interviews for Lone Parents and Partners) (Amendment) Regulations 2011 (S.I. 2011/2428), regs. 1, 2(8)(a)

F3 Words in reg. 7(1)(b) substituted (28.4.2014) by The Income Support (Work-Related Activity) and Miscellaneous Amendments Regulations 2014 (S.I. 2014/1097), regs. 1(1), 13(6)(a)(ii)

F4 Reg. 7(1A) inserted (28.4.2014) by The Income Support (Work-Related Activity) and Miscellaneous Amendments Regulations 2014 (S.I. 2014/1097), regs. 1(1), 13(6)(b)

F5 Words in reg. 7(2)(a) substituted (28.4.2014) by The Income Support (Work-Related Activity) and Miscellaneous Amendments Regulations 2014 (S.I. 2014/1097), regs. 1(1), 13(6)(c)

F6 Reg. 7(3) substituted (31.10.2011) by The Social Security (Work-focused Interviews for Lone Parents and Partners) (Amendment) Regulations 2011 (S.I. 2011/2428), regs. 1, 2(8)(b)

F7 Reg. 7(4) omitted (31.10.2011) by virtue of The Social Security (Work-focused Interviews for Lone Parents and Partners) (Amendment) Regulations 2011 (S.I. 2011/2428), regs. 1, 2(8)(c)

F8 Words in reg. 7(5)(g) substituted (31.10.2005) by Social Security (Work-focused Interviews) Amendment Regulations 2005 (S.I. 2005/2727), regs. 1(1), 4(8)(b)

F9 Reg. 7(5A)(5B) inserted (28.4.2014) by The Income Support (Work-Related Activity) and Miscellaneous Amendments Regulations 2014 (S.I. 2014/1097), regs. 1(1), 13(6)(d)

F10 Reg. 7(6) omitted (31.10.2011) by virtue of The Social Security (Work-focused Interviews for Lone Parents and Partners) (Amendment) Regulations 2011 (S.I. 2011/2428), regs. 1, 2(8)(c)