2000 No. 1926
The Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000
Made
Laid before Parliament
Coming into force in accordance with regulation 1
The Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 123(1)(d) and (e) and 137(1) of the Social Security Contributions and Benefits Act 1992M1 and sections 2A(1), (3)(b) to (f), (4), (5)(a) and (b), (6), (7) and (8), 2B(2), (6) and (7), 2C, 189(4) to (7A) and 191 of the Social Security Administration Act 1992M2 and of all other powers enabling him in that behalf, after consultation with the Council on Tribunals in accordance with section 8(1) of the Tribunals and Inquiries Act 1992M3 and in respect of provisions in these Regulations relating to housing benefit and council tax benefit with organisations appearing to him to be representative of the authorities concernedM4 and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to itM5, hereby makes the following Regulations:
1992 c. 5; sections 2A, 2B and 7A were inserted by the Welfare Reform and Pensions Act 1999 (c. 30), sections 57 and 71; section 191 is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed".
See section 176(1)(b) of the Social Security Administration Act 1992 (c. 5).
See section 173(1)(b) of the Social Security Administration Act 1992.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000.
2
This regulation and paragraphs 2 to 5 of Schedule 2 and regulation 10 in so far as it relates to those paragraphs shall come into force on 14th August 2000.
3
Regulations 2 to 9, paragraph 1 of Schedule 2 and regulation 10 in so far as it relates to that paragraph shall—
a
come into force on 30th October 2000 in respect of lone parents who on that date—
i
live in an area identified in Schedule 1; and
ii
are not entitled to income support;
b
subject to sub-paragraph (a), come into force on 30th April 2001 in respect of lone parents who on that date—
i
are not entitled to income support; or
ii
are entitled to income support and are not—
aa
responsible for; and
bb
living in the same household as,
a child under the age of 13;
c
subject to the preceding sub-paragraphs, come into force on 1st April 2002 in respect of lone parents who on that date are entitled to income support and are not—
i
responsible for; and
ii
living in the same household as,
a child under the age of 9;
d
subject to the preceding sub-paragraphs, where a lone parent—
i
is responsible for and living in the same household as a child whose 13th birthday occurs in the period beginning on 1st May 2001 and ending on 31st March 2002; and
ii
is not on the date of the 13th birthday responsible for and living in the same household as a younger child,
come into force in respect of that lone parent on the date of that child’s 13th birthday;
e
subject to the preceding sub-paragraphs, where a lone parent—
i
is responsible for and living in the same household as a child whose 9th birthday occurs in the period beginning on 2nd April 2002 and ending on 6th April 2003; and
ii
is not on the date of the 9th birthday responsible for and living in the same household as a younger child,
come into force in respect of that lone parent on the date of that child’s 9th birthday; and
F2f
subject to the preceding sub-paragraphs, come into force on 7th April 2003 in respect of lone parents who on that date are entitled to income support and are not responsible for and living in the same household as a child under the age of 5 years and 3 months;
g
F3subject to the preceding sub-paragraphs, come into force on 5th April 2004 in respect of a lone parent who on that date is entitled to income support and is responsible for and living in the same household as a child.
come into force in respect of that lone parent on the date that child reaches the age of 5 years and 3 months.
4
In these Regulations, unless the context otherwise requires—
M6“the 1998 Act" means the Social Security Act 1998 ;
“benefit week" means any period of seven days corresponding to the week in respect of which income support is due to be paid;
M7“lone parent" has the meaning it bears in regulation 2(1) of the Income Support (General) Regulations 1987 ;
“interview" means a work-focused interview with a lone parent conducted for any or all of the following purposes—
- a
assessing that person’s prospects for existing or future employment (whether paid or voluntary);
- b
assisting or encouraging that person to enhance his prospects of such employment;
- c
identifying activities which that person may undertake to strengthen his existing or future prospects of employment;
- d
identifying current or future employment or training opportunities suitable to that person’s needs; and
- e
identifying educational opportunities connected with the existing or future employment prospects or needs of that person; and
- a
“officer" means an officer of, or providing services to, the Secretary of State.
F17“pensionable age”, in the case of a man born before 6th April 1955, means the age when a woman born on the same day as the man would attain pensionable age.
F25“relevant interview” means an interview under these Regulations in relation to the lone parent’s current award of income support.
5
In these Regulations, unless the context otherwise requires, a reference—
a
to a numbered regulation is to a regulation in these Regulations bearing that number;
b
in a regulation to a numbered paragraph or sub-paragraph is to the paragraph or sub-paragraph in that regulation bearing that number;
c
to a numbered Schedule is to the Schedule to these Regulations bearing that number.
F266
For the purposes of section 2A(2A)(b) of the Social Security Administration Act 1992 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.
F27 Requirement for certain lone parents entitled to income support to take part in an interview2
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 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.
F16Requirement for certain lone parents to take part in an interview2ZA
1
This regulation applies to a lone parent if—
a
he is entitled to income support and is a person to whom paragraph 1 (lone parents) of Schedule 1B to the Income Support (General) Regulations 1987 applies;
b
no other paragraph of that Schedule applies to him; and
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,
b
last failed to take part, or
c
was last treated as having taken part,
in F29a relevant interview.
3
A lone parent who—
a
is required to take part in F30a relevant interview under this regulation, or
b
has had a requirement to take part in F30a relevant interview under this regulation waived or deferred,
is not required to take part in an interview under regulation 2 unless this regulation ceases to apply to him.
F24General requirement for lone parents entitled to income support to take part in an interview2ZB
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.
Requirement for specified lone parents to take part in an interviewF282A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12Requirement for certain lone parents in certain areas to take part in an interviewF22 2B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The interview2C
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.
Taking part in an interview3
1
An officer shall determine whether a lone parent has taken part in an interview.
F42
Subject to regulations 5(2) and 6(2), for the purposes of these Regulations, a lone parent shall be regarded as having taken part in an interview if and only if—
a
he attends for the interview at the place and time notified to him by an officer; and
b
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 the opinion of that person puts him at a disadvantage in obtaining employment; and
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
he assists the officer in the completion of an action plan which records the matters discussed in relation to sub-paragraph (b) above.
2A
Subject to regulations 5(2) and 6(2), a lone parent 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
he participates in discussions with the officer in relation to the lone parent’s employability, including any action the lone parent and the officer agree is reasonable and they are willing to take in order to help the lone parent enhance his employment prospects;
c
he participates in discussions with the officer—
i
in relation to the lone parent’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 lone parent 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 lone parent’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
he assists the officer in the completion of an action plan which records the matters discussed in relation to sub-paragraph (b) above.
2B
Subject to regulations 5(2) and 6(2), a lone parent 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 lone parent’s employability or any progress he might have made towards obtaining employment;
ii
about any action the lone parent or the officer might have taken as a result of the matters discussed in relation to paragraph (2)(b) or (2A)(b) above;
iii
about how, if at all, the action plan referred to in paragraphs (2)(d) or (2A)(e) above should be amended; and
iv
in order to consider any of the programmes and support available to help the lone parent obtain employment;
c
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 lone parent’s capabilities and employability; and
ii
his opinion as to the extent to which his medical condition restricts his ability to obtain employment; and
d
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-paragraph (b) above and the information provided in relation to sub-paragraph (c) above.
F5Circumstances where requirement to take part in an interview does not apply4
1
F33Regulations 2 and 2ZB shall not apply where the lone parent—
a
has attained F18pensionable age;
b
has not attained the age of 18; or
c
is—
i
required to take part in an interview, or
ii
not required to take part in an interview by virtue of—
aa
a waiver of a requirement, or
bb
a deferment of an interview,
F311A
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.
F11 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F133
Regulations 2ZA and F322ZB shall not apply where the lone parent—
a
has attained F19pensionable age, or
b
has not attained the age of 18.
F23 4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Deferment of requirment to take part in an interview5
1
A requirement by virtue of these Regulations to take part in an interview shall not apply to a person until a date determined by an officer where he determines that an interview would not F1until that time be—
a
of assistance to that person; or
b
appropriate in the circumstances.
2
Except for the purpose of F6regulations F342, 2ZA and 2ZB, where an officer has made a decision under paragraph (1), the person to whom that decision relates shall be treated for the purposes of any claim for, or entitlement to, income support as having complied with the requirement to take part in an interview until an officer decides whether that person took part in the interview which had been deferred under paragraph (1).
Waiver6
1
A requirement imposed by these Regulations to take part in an interview shall not apply if an officer determines that an interview would not be—
a
of assistance to the lone parent; or
b
appropriate in the circumstances.
Consequence of failure to take part in an interview7
1
Subject to paragraphs (2) and (5) and regulations 5 and 6, F36the consequence specified in paragraph (3) ensues 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 five 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 five 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 the words “five working days following" there were substituted the words “
one month of
”
.
F373
The income support of a lone parent to whom paragraph (1) applies shall be reduced in accordance with regulation 8.
F384
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F45a physical or mental health 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.
F396
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reduction of income support8
1
Subject to paragraphs (2) and (3), any payment of income support which falls to be made to a person after the date on which an officer decided under these Regulations that that person had not—
a
taken part; and
b
shown good cause for not taking part,
in an interview shall be reduced as from the first day of the next benefit week following the date the decision was made, by a sum equal to 20 per cent of the amount applicable (specified in Part I of Schedule 2 to the Income Support (General) Regulations 1987 M8) F40... in respect of a single claimant for income support aged not less than 25.
2
Payment shall not be reduced under paragraph (1) below 10 pence per week.
3
A reduction under this regulation shall cease to have effect as regards a person from whichever is the earlier of—
a
the date on which that person attains F20pensionable age;
b
the date on which that person ceased to be a lone parent; F41...
c
the first day of the benefit week in which that person meets the requirement to take part in an interview, F43and;
d
the first day of the benefit week in which regulation 4(1A) first applies to that person.
F424
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appeals9
1
This regulation applies to any relevant decision made under these Regulations or any decision under section 10 of the 1998 Act M9 (decisions superseding earlier decisions) superseding such a decision.
2
This regulation applies—
a
whether the decision is as originally made or as revised under section 9 of the 1998 Act (revision of decisions); and
b
as if any decision made, superseded or revised otherwise than by the Secretary of State was a decision made, superseded or revised by him.
Amendments to RegulationsC110
Signed by authority of the Secretary of State for Social Security.
SCHEDULE 1 AREAS WHERE THESE REGULATIONS COME INTO FORCE ON 30TH OCTOBER 2000 IN RESPECT OF LONE PARENTS WHO ARE NOT ENTITLED TO INCOME SUPPORT
For the purposes of regulation 1(3)(a), the areas are—
a
the areas of Shropshire County Council and Telford and Wrekin District Council; and
b
the following postcode districts—
DH2 1AA to DH2 1BO
DH2 1XA to DH2 1XQ
DH3 1 and DH3 2
NE8 and NE9
NE10 0
NE10 8 and NE10 9
NE11
NE16 3 to NE16 5
NE16 6NX to NE16 6PE
NE16 8
NE17 7AA to NE17 7HE
NE17 7HG to NE17 7LM
NE17 7TA to NE17 7ZZ
NE21 1
NE21 4 to NE21 6
NE31 1 to NE31 5
NE32 2 to NE32 4
NE33
NE34 0
NE34 6 to NE34 9
NE35 1 and NE35 9
NE36 0 and NE36 1
NE39
NE40 3 to NE40 4
NE42 5 to NE42 6
NE43 7
SR6 7.
c
The area of Fife Council excluding the following postcode districts—
DD 6 8 and DD 6 9
KY 14 6
KY 16 0
KY 16 9.
SCHEDULE 2 AMENDMENTS TO REGULATIONS
C21
For paragraph (1) of regulation 6A of the Social Security (Claims and Payments) Regulations 1987 M13 (claims by persons subject to work-focused interviews) there shall be substituted the following paragraph—
1
This regulation applies to any person who is required to take part in a work-focused interview in accordance with—
a
regulation 4 of the Social Security (Work-focused Interviews) Regulations 2000 M14 (“the Work-focused Interviews Regulations"); or
b
regulation 2 of the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000.
F92
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F93
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In the Social Security (Claims and Information) Regulations 1999 M15—
a
in regulation 4(6) (additional functions of local authorities), sub-paragraph (e) shall be omitted; and
b
in regulation 6(1) (war pensions and child support), after the words “to any office" there shall be inserted the words “
of a relevant authority
”
.
5
In the Social Security (Work-focused Interviews) Regulations 2000 M16—
a
for sub-paragraph (a) of regulation 6(4) (continuing entitlement dependent upon an interview) there shall be substituted the following sub-paragraph—
a
it is determined in accordance with a personal capability assessment that a person is incapable of work;
and
b
In Schedule 1 (areas in which “relevant persons" reside)—
i
after paragraph (c) there shall be added the following paragraphs—
ca
the following postcode districts—
GL15 and GL16
HR2 and HR9
LS1 to LS29
NP1, NP4 to NP11, NP15, NP16, NP18, NP19, NP20, NP25, NP26 and NP44
in so far as they lie within the areas of Leeds City Council, Monmouthshire County Council, Newport County Borough Council or Torfaen County Borough Council.
and
ii
in paragraph (d)—
aa
there shall be omitted the following postcode districts—
BD3, BD4 6 to BD4 9, CF3, CF8, GL15, GL16, HR2, HR9, LS1 to LS19, LS21, LS22, LS26 to LS28, NP1, NP4 to NP11, NP15, NP16, NP18, NP20, NP25, NP26 and NP44;
bb
at the appropriate place there shall be added postcode districts HX1 to HX8;
cc
for postcode district BD11 there shall be substituted postcode district BD11 2; and
dd
for postcode districts PA1-PA5 and PA7 to PA27 there shall be substituted postcode districts PA1 to PA27.
SCHEDULE 3
F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1992 c. 4; section 123(1)(e) was substituted by the Local Government Finance Act 1992 (c. 14), section 103 and Schedule 9, paragraph 1(1); section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed".