PART IIE+W+SWORK-FOCUSED INTERVIEWS

Continuing entitlement dependent upon an interviewE+W+S

6.—(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 [F1resides in an area identified in Schedule 1A and who] is not entitled to either incapacity benefit or severe disablement allowance, [F2paragraph (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.

[F4(3) 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–

[F5(a)it is determined in accordance with a personal capability assessment that a person is incapable of work [F6and 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.

[F7(4A) 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.

Textual Amendments

Marginal Citations

M1Section 171C was inserted by section 61 of the Welfare Reform and Pensions Act 1999 (c. 30).