The Social Security (Jobcentre Plus Interviews) Regulations 2002

Taking part in an interview E+W+S

11.—(1) The officer shall determine whether a person has taken part in an interview.

[F1 (2) A person 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) 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 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) 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 person 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) 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 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 person 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 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.

(2B) A 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 the officer;

(b) he participates in discussions with the officer—

(i) in relation to the 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 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 paragraphs (2)(b) or (2A)(b) above; and

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

(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 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 paragraphs (2)(d) or (2A)(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 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 [F2 a person specified by the Secretary of State under regulation 3(3)] at the place and time notified to him by an officer.

(4) Where an officer determines that a person has failed to take part in an interview and good cause has not been shown for that failure within five working days of the [F3 date on which the person was notified of his failure to take part in the interview], a relevant decision shall be made for the purposes of section 2B of the Social Security Administration Act 1992 M1 .

[F4 (5) Where a notice under paragraph (4) is sent by post it is taken to have been received on the second working day after it is sent.]

Textual Amendments

F1 Reg. 11(2)-(2B) substituted for reg. 11(2) (31.10.2005) by Social Security (Work-focused Interviews) Amendment Regulations 2005 (S.I. 2005/2727), regs. 1(1), 2(7)

F2 Words in reg. 11(3) substituted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 14(5)

F3 Words in reg. 11(4) substituted (28.4.2014) by The Income Support (Work-Related Activity) and Miscellaneous Amendments Regulations 2014 (S.I. 2014/1097), regs. 1(1), 14(6)(a)

F4 Reg. 11(5) inserted (28.4.2014) by The Income Support (Work-Related Activity) and Miscellaneous Amendments Regulations 2014 (S.I. 2014/1097), regs. 1(1), 14(6)(b)

Marginal Citations

M1 1992 c.5; section 2B was inserted by the Welfare Reform and Pensions Act 1999, section 57.