The Income Support (Work-Related Activity) and Miscellaneous Amendments Regulations 2014

Amendment of the Social Security (Jobcentre Plus Interviews) Regulations 2002

14.—(1) The Social Security (Jobcentre Plus Interviews) Regulations 2002(1) are amended as follows.

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

(a) in paragraph (1)—

(i) after sub-paragraph (a) insert “and”;

(ii) omit sub-paragraph (c) and the “and” that precedes it;

(b) for paragraph (2) substitute—

“(2) Subject to regulations 7 to 9, a lone parent to whom this regulation applies is required to take part in one or more interviews as a condition of continuing to be entitled to the full amount of benefit which is payable to him apart from these Regulations.”;

(c) in paragraph (3)(b) omit “waived or”.

(3) In regulation 5 (time when an interview is to take place)—

(a) in paragraph (2), omit “as soon as reasonably practicable after”;

(b) in paragraph (2)(a) before “the requirement to take part” insert “as soon as reasonably practicable after”;

(c) after paragraph (2)(a) insert—

“(aa) in a case where regulation 4A(2) applies, on such a date as may be determined by the officer; or”;

(d) in paragraph (2)(b)—

(i) after “in any other case” insert “, as soon as reasonably practicable after”;

(ii) omit paragraph (i);

(iii) in paragraph (ii) omit “but regulation 4A(1) does not apply,”; and

(iv) in paragraph (iii) omit “either” and “or regulation 4A(2)”.

(4) In regulation 6 (waiver of requirement to take part in an interview)—

(a) at the beginning of paragraph (1), insert “Except in a case where a requirement is imposed by virtue of regulation 4A(2),”;

(b) in paragraph (2)(a), for “4A” substitute “4ZA”.

(5) In regulation 8 (exemptions) in paragraph (4) after “4ZA” insert “, 4A”.

(6) In regulation 11 (taking part in an interview)—

(a) in paragraph (4) for “day on which the interview was to take place” substitute “date on which the person was notified of his failure to take part in the interview”; and

(b) after paragraph (4) insert—

“(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.”.

(7) In regulation 12 (failure to take part in an interview)—

(a) in paragraph (9) for “takes part in an interview” substitute “satisfies a compliance condition” and for “requirement to take part in an interview was met” substitute “compliance condition was satisfied”;

(8) after paragraph (9) insert—

“(9A) In paragraph (9) “compliance condition” means a requirement to—

(a) take part in an interview; or

(b) undertake work-related activity”.

(9) in paragraph (12)(a) for “day on which the interview was to take place” substitute “date on which the person was notified of his failure to take part in the interview”;

(10) After regulation 12 (failure to take part in an interview) insert—

“Circumstances where the amount of benefit payable to a claimant is not to be reduced in accordance with regulation 12(2)(c)

12A.— (1) The amount of benefit payable to a claimant is not to be reduced in accordance with regulation 12(2)(c) if that amount—

(a) is at the time the relevant decision falls to be made in respect of the current failure, being paid at a reduced rate in accordance with regulation 12(2)(c), regulations 7(3)(b) and 8 of the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000 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.

(2) In paragraph (1) “current failure” means a failure which may, in the case of a claimant who has an award of benefit, lead to a reduction in benefit under regulation 12(2)(c) in relation to which the Secretary of State has not yet determined whether the amount of benefit payable to the claimant is to be reduced in accordance with that regulation.”

(1)

S.I. 2002/1703; relevant amending instruments are S.I. 2008/3051, 2011/2425 and 2428, and 2012/874.