PART IIWORK-FOCUSED INTERVIEWS

Continuing entitlement dependent upon an interview6

1

A relevant person who has not attained the age of 60 and who is entitled to a specified benefit shall be required to take part in an interview as a condition of his continuing to be entitled to the full amount of benefit which is payable apart from these Regulations where paragraph (2) applies and–

a

in the case of a lone parent who F7resides in an area identified in Schedule 1A and who is not entitled to either incapacity benefit or severe disablement allowance, F5paragraph (3) applies; or

b

in any other case, any of the circumstances specified in paragraph (4) apply F3or where paragraph (4A) applies.

2

This paragraph applies in the case of a person who has taken part in a work-focused interview, or who would have taken part in such an interview but for the requirement being waived in accordance with regulation 7 or deferred in accordance with regulation 8.

F23

A lone parent to whom paragraph (1)(a) applies shall be required to take part in an interview—

a

after the expiry of six months from the date on which—

i

he took part in an interview under regulation 4; or

ii

a determination was made under regulation 7(1) that he was to be treated as having taken part in an interview under regulation 4;

b

where the lone parent took part, failed to take part or was treated as having taken part, in an interview pursuant to the requirement arising in sub-paragraph (a), after the expiry of six months from the date on which—

i

he took part in that interview;

ii

he failed to take part in that interview; or

iii

a determination was made under regulation 7(1) that he was to be treated as having taken part in that interview; and

c

where the lone parent took part, failed to take part or was treated as having taken part, in an interview pursuant to the requirement arising in sub-paragraph (b), after the expiry of twelve months from the date on which—

i

he last took part in an interview;

ii

he last failed to take part in an interview; or

iii

a determination was last made under regulation 7(1) that he was to be treated as having taken part in an interview.

4

The circumstances specified in this paragraph are those where–

F1a

it is determined in accordance with a personal capability assessment that a person is incapable of work F4and therefore, continues to be entitled to a specified benefit;

b

a person’s entitlement to an invalid care allowance ceases whilst entitlement to another specified benefit continues;

c

a person becomes engaged or ceases to be engaged in part-time work;

d

a person has been undergoing education or training arranged by a personal adviser and that education or training comes to an end; and

e

a person who has not attained the age of 18 and who has previously undertaken an interview attains the age of 18.

F64A

A requirement to take part in an interview arises under this paragraph where a person—

a

resides in an area identified in Schedule 1A; and

b

has not been required to take part in an interview by virtue of paragraph (4) for at least 36 months.

5

In this regulation–

  • “lone parent" means a person who has no partner and who is responsible for, and a member of the same household as, a child;

  • “personal capability assessment" means an assessment in accordance with regulations made under section 171C of the Contributions and Benefits Act M1.