The Social Security (Work-focused Interviews for Lone Parents) Regulations (Northern Ireland) 2001

Consequence of failure to take part in a work-focused interview

7.—(1) Subject to paragraphs (2) and (5) and regulations 5 and 6, the consequences specified in paragraphs (3) and (4) ensue 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 5 working days following the day on which the interview was to take place.

(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 5 working days of the day on which the interview was to take place, 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 “5 working days following” there were substituted “one month of”.

(3) A person to whom paragraph (1) and—

(a) regulation 2(1)(a) applies shall be regarded as not having made a claim for income support, or

(b) regulation 2(1)(b) applies shall have his income support reduced in accordance with regulation 8.

(4) Where an interview which arose in connection with a claim was deferred and benefit became payable in accordance with regulation 5(2), the person’s entitlement to income support shall terminate as from the first day of the next benefit week following the date the decision was made that the person failed without good cause to take part in an interview.

(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 a chronic 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.

(6) For the avoidance of doubt, a person who is regarded as not having made a claim for income support because he failed to take part in an interview shall be required to make a new claim for income support in order to establish entitlement to that benefit.