The Social Security (Work-focused Interviews for Lone Parents) Amendment Regulations 2007

Amendment of the Lone Parents Regulations from 30th April 2007

2.—(1) The Lone Parents Regulations shall be amended in accordance with this regulation.

(2) For regulation 2 (requirement for lone parents claiming or entitled to income support to take part in an interview)(1), substitute—

“General requirement for lone parents claiming or entitled to income support to take part in an interview

2.— (1) Subject to this regulation and regulations 2A, 2B and 4 to 6, a lone parent is required to take part in an interview if he falls within any of paragraphs to (4).

(2) A lone parent falls within this paragraph if he makes a claim for income support in respect of himself.

(3) A lone parent falls within this paragraph if he is entitled to income support and has not taken part or been required to take part in a relevant interview.

(4) A lone parent falls within this paragraph if he is entitled to income support and has—

(a) taken part,

(b) failed to take part, or

(c) been treated as having taken part,

in a relevant interview.

(5) Where a lone parent falls within paragraph (4) the requirement to take part in an interview arises at the times set out in paragraph (6), except where the young child condition is satisfied (see paragraph (9)) in which case the requirement arises at the times set out in paragraph (7).

(6) The requirement arises (where the young child condition is not satisfied)—

(a) where the lone parent—

(i) last took part,

(ii) last failed to take part, or

(iii) was last treated as having taken part,

in a relevant interview on a date on or after 30th April 2006 but before 30th October 2006, one year after that date, and it arises again every six months after it first arises; or

(b) where the lone parent does not fall within sub-paragraph (a), every six months after the date on which he—

(i) last took part,

(ii) last failed to take part, or

(iii) was last treated as having taken part,

in a relevant interview.

(7) The requirement arises (where the young child condition is satisfied)—

(a) where the interview that the lone parent—

(i) last took part in,

(ii) last failed to take part in, or

(iii) was last treated as having taken part in,

was the first relevant interview, six months after the date of that first interview, and it arises again upon each anniversary of that date;

(b) where the interview that the lone parent—

(i) last took part in,

(ii) last failed to take part in, or

(iii) was last treated as having taken part in,

was the second relevant interview, six months after the date of that second interview, and it arises again upon each anniversary of the day on which it first arises;

(c) in any other case, on each anniversary of the date of the interview that the lone parent—

(i) last took part in,

(ii) last failed to take part in, or

(iii) was last treated as having taken part in.

(8) In this regulation, “relevant interview” means an interview under—

(a) the Social Security (Working Neighbourhoods) Regulations 2004(2),

(b) the Social Security (Quarterly Work-focused Interviews for Certain Lone Parents) Regulations 2004(3), or

(c) these Regulations,

in relation to the lone parent’s current claim.

(9) For the purposes of this regulation, the young child condition is satisfied where the lone parent is responsible for and living in the same household as—

(a) a single child aged under 5, or

(b) more than one child where the youngest is aged under 5.

(10) Where a determination has been made in relation to a lone parent under regulation 6(1) (waiver) or (as the case may be) under a corresponding provision of the Regulations referred to in paragraph (8)(a) or (b), he is to be treated for the purposes of paragraph (3) as if he has not taken part or been required to take part in a relevant interview.”.

(3) In regulation 2A (requirement for specified lone parents to take part in an interview)—

(a) in paragraph (3), after “regulation 2” insert “or 2B”; and

(b) omit paragraph (5).

(4) After regulation 2A, insert—

“Requirement for certain lone parents in certain areas to take part in an interview

2B.— (1) This regulation applies to a lone parent who—

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

(i) a single child aged 11, 12 or 13, or

(ii) more than one child where the youngest is aged 11, 12 or 13;

(b) has been continuously entitled to income support for at least 12 months; and

(c) resides in an area specified in Schedule 3 to these Regulations.

(2) Subject to regulations 4 to 6, a lone parent to whom this regulation applies is required to take part in an interview every 13 weeks after he—

(a) last took part in an interview,

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

(c) was last treated as having taken part in an interview.

(3) A 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 fall within this regulation.

The interview

2C.— (1) An interview under these Regulations shall take place as soon as is reasonably practicable after the date on which the requirement to take part in the interview arises.

(2) An officer shall inform the lone parent of the place and time of the interview.

(3) An officer may determine that an interview is to take place in the lone parent’s home where it would, in the opinion of the officer, be unreasonable to expect that lone parent to attend elsewhere because that lone parent’s personal circumstances are such that attending elsewhere would—

(a) cause him undue inconvenience, or

(b) endanger his health.”.

(5) In regulation 4 (circumstances where requirement to take part in an interview does not apply)(4)—

(a) in paragraph (1)(c), for the words after “Regulations 2002” substitute “or the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2003(5).”, and

(b) after paragraph (1), insert—

“(3) Regulations 2A and 2B shall not apply where the lone parent—

(a) has attained the age of 60, or

(b) has not attained the age of 18.

(4) Regulation 2B shall not apply where the lone parent is—

(a) required to take part in an interview, or

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

(i) a waiver of a requirement, or

(ii) a deferment of an interview,

under the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2003.”.

(6) In regulations 5(2) (deferment of requirement to take part in an interview) and 6(2)(a) (waiver)(6), for “2 and 2A” substitute “2, 2A and 2B”.

(7) In regulation 7(3) (consequence of failure to take part in an interview)(7)—

(a) in sub-paragraph (a), for “2(1)(a)” substitute “2(2)”; and

(b) in sub-paragraph (b), for “2(1)(b) or (c) or 2A” substitute “2(3) or (4), 2A or 2B”.

(8) After Schedule 2, there is inserted as Schedule 3 the Schedule set out in the Schedule to these Regulations.

(1)

Regulation 2 was amended by S.I.s 2002/670, 2004/959 and 2005/2727.

(2)

S.I. 2004/959.

(3)

S.I. 2004/2244.

(4)

Regulation 4(1) was substituted by S.I. 2005/2727 and amended by S.I. 2006/909.

(5)

S.I. 2003/2439. Relevant amending instruments are S.I.s 2005/3 and 2604 and 2006/536 and 3088.

(6)

Regulations 5(2) and 6(2)(a) were amended by S.I. 2005/2727.

(7)

Regulation 7 was amended by S.I.s 2004/959 and 2005/2727.