The Social Security (Work-focused Interviews for Lone Parents and Partners) (Amendment) Regulations 2011

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

2.—(1) The Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000(1) are amended as follows.

(2) In regulation 1 (citation, commencement and interpretation) (2)—

(a) in paragraph (4), after the definition of “pensionable age”(3), insert—

““relevant interview” means an interview under these Regulations in relation to the lone parent’s current award of income support.”; and

(b) after paragraph (5), insert—

“(6) For the purposes of section 2A(2A)(b) of the Social Security Administration Act 1992(4) and these Regulations, a lone parent is to be treated as responsible for, and a member of the same household as, a child under the age of one only where the lone parent is treated as being responsible for and a member of the same household as such a child under regulations 15 and 16 of the Income Support (General) Regulations 1987(5).”.

(3) For regulation 2 (general requirement for lone parents claiming or entitled to income support to take part in an interview)(6) substitute—

“Requirement for certain lone parents entitled to income support to take part in an interview

2.— (1) Subject to this regulation and regulations 2ZA and 4 to 6, a lone parent who falls within paragraph 1 (lone parents) of Schedule 1B (prescribed categories of person) to the Income Support (General) Regulations 1987(7) and paragraph (2) or (3) is required to take part in an interview.

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

(3) A lone parent falls within this paragraph if the lone parent has—

(a) taken part;

(b) failed to take part; or

(c) been treated as having taken part,

in a relevant interview.

(4) Where a lone parent falls within paragraph (3) the requirement to take part in an interview arises every six months after the date on which the lone parent—

(a) last took part;

(b) last failed to take part; or

(c) was last treated as having taken part,

in a relevant interview.

(5) Where a determination has been made in relation to a lone parent under regulation 6(1) (waiver) the lone parent is to be treated for the purposes of paragraph (2) of this regulation as if he has not taken part or been required to take part in a relevant interview.”.

(4) In regulation 2ZA (requirement for certain lone parents to take part in an interview)(8)—

(a) in paragraph (2), for the second use of “an interview” substitute “a relevant interview”;

(b) in paragraph (3), for the first and second use of “an interview” substitute “a relevant interview”.

(5) After regulation 2ZA—

(a) omit regulation 2A (requirement for specified lone parents to take part in an interview)(9); and

(b) insert—

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

2ZB.— (1) Subject to regulations 4 to 6, this regulation applies to a lone parent who does not fall within paragraph 1 (lone parents) of Schedule 1B (prescribed categories of person) to the Income Support (General) Regulations 1987 and is entitled to income support.

(2) A lone parent to whom this regulation applies is required to take part in an interview—

(a) where paragraph (3) applies to them; or

(b) where paragraph (4) and either paragraph (5) or (6) applies to them.

(3) This paragraph applies to a lone parent who has not taken part or been required to take part in a relevant interview.

(4) This paragraph applies to a lone parent who has taken part in a relevant interview or who would have taken part in such an interview but for—

(a) the requirement being deferred in accordance with regulation 5, or

(b) the requirement being waived in accordance with regulation 6.

(5) This paragraph applies to a lone parent when any of the following circumstances arise—

(a) the lone parent’s entitlement to carer’s allowance ceases whilst entitlement to income support continues;

(b) the lone parent becomes engaged or ceases to be engaged in part-time work;

(c) the lone parent has been undergoing education or training arranged by an officer and that education or training comes to an end; or

(d) the lone parent attains the age of 18 and has not previously taken part in a relevant interview.

(6) This paragraph applies where a lone parent has not been required to take part in a relevant interview for at least 36 months.”.

(6) In regulation 4 (circumstances where requirement to take part in an interview does not apply)(10)—

(a) in paragraph (1), for “Regulation 2”, substitute “Regulations 2 and 2ZB”;

(b) after paragraph (1), insert—

“(1A) Regulation 2 shall not apply to a lone parent who is treated as responsible for, and a member of the same household as, a child who is under the age of one.”; and

(c) in paragraph (3), for “2A” substitute “2ZB”.

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

(8) In regulation 7 (consequence of failure to take part in an interview)(11)—

(a) in paragraph (1), for “the consequences specified in paragraphs (3) and (4) ensue” substitute “the consequence specified in paragraph (3) ensues”;

(b) for paragraph (3), substitute—

“(3) The income support of a lone parent to whom paragraph (1) applies shall be reduced in accordance with regulation 8.”; and

(c) omit paragraphs (4) and (6).

(9) In regulation 8 (reduction of income support)(12), in paragraph (3)—

(a) at the end of subparagraph (b), omit “and”; and

(b) at the end of subparagraph (c) insert both “and;”, and —

“(d) the first day of the benefit week in which regulation 4(1A) first applies to that person.”.

(1)

S.I. 2000/1926.

(2)

Regulation 1(4) was amended by S.I. 2010/563, regulation 4(1), (2).

(3)

The definition of “pensionable age” was inserted into regulation 1(4) by S.I. 2011/674, regulation 9(2)(a).

(4)

1992 c.5.

(5)

S.I. 1987/1967.

(6)

Regulation 2 was substituted by S.I. 2007/1034, regulation 2(1) and (2) and has been amended by S.I. 2008/3051, regulation 5(1) and (2) and by S.I. 2007/1034, regulation 3(1) and (2).

(7)

S.I. 1987/1967.

(8)

Regulation 2ZA was inserted by S.I. 2008/3051, regulation 5(1) and (3).

(9)

Regulation 2A was inserted by S.I. 2005/2727, regulation 4(1) and (3) and amended by S.I. 2007/1034 regulations 2(1) and (3)(a) and (b) and S.I. 2011/674, regulations 9(1) and (3).

(10)

Regulation 4 was substituted by S.I. 2005/2727. Paragraph (1) was amended by S.I. 2010/563, regulation 4(1) and (3) and S.I. 2007/1034, regulation 2(1) and (5)(a).

(11)

Regulation 7 was amended by S.I. 2005/2727, regulation 4(1) and (8)(b), S.I. 2007/1034, regulation 2(1) and (7) and S.I. 2008/3051, regulation 5(1) and (6).

(12)

Regulation 8(3) was amended by S.I. 2010/563, regulation 4(1) and (4).