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The Social Security (Work-focused Interviews) Regulations 2000

Changes over time for: The Social Security (Work-focused Interviews) Regulations 2000 (Schedules only)

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Regulation 2(2)

SCHEDULE 1E+W+S AREAS IN WHICH “RELEVANT PERSONS" RESIDE

[F1For the purposes of regulation 2(2), the areas are–

(a)the areas of the local authorities listed below (all of which are within the area of Buckinghamshire County Council)–

Aylesbury Vale District Council;

Chiltern District Council;

Wycombe District Council;

South Buckinghamshire District Council;

Milton Keynes District Council;

(b)the areas of the local authorities listed below (all of which are within the area of Somerset County Council)–

Sedgemoor District Council;

Taunton District Council;

South Somerset District Council;

West Somerset District Council;

Mendip District Council;

(c)the area of Warwickshire County Council, except for the areas of the Parish Councils listed below–

Alcester;

Arrow;

Aston Cantlow;

Bidford on Avon;

Bagington;

Bubbenhall;

Coughton;

Earlswood;

Exhall;

Great Alne;

Haselor;

Hockley Heath;

Kinwarton;

Morton Bagot;

Oldberrow;

Packwood;

Portway;

Salford Priors;

Sambourne;

Spernall;

Stoneleigh;

Studely;

Weethley;

Wixford;

[F2(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.]

(d)the following postcode districts–

F3 ... [F4 BD11 2 ] , BD12 0, BD12 8, BD12 9, BD19

CB8 0, CB8 7 to CB8 9, CB9 9, CO10 0, CO10 1, CO10 5, CO10 7 to CO10 9

F3 ...

CM0 to CM6, CM8, CM9, CM11 and CM16

CO5 0RX

DE55 1 to DE55 5, DE55 7

E4, E10, E11, E17 and E18

G78 1 to G78 4

F3 ...

HD1 to HD8

F3 ...

[F5HX1 to HX8]

IG1 to IG10

IP1, IP2 0, IP2 9, IP3 0, IP3 8, IP2 4, IP4 5, IP5 1, IP5 3, IP6 0, IP6 8, IP6 9, IP7 5 to IP7 7, IP8 3, IP8 4, IP9 1, IP9 2, IP10 0, IP11 0, IP11 7 to IP11 9, IP12 1 to IP12 3, IP13 0, IP13 6 to IP13 9, IP14 1 to IP14 6, IP15 5, IP16 4, IP17 1 to IP17 3, IP18 6, IP 19 0, IP19 8, IP19 9, IP27 0, IP27 9, IP28 6 to IP28 8, IP29 4, IP29 5, IP30 0, IP30 9, IP31 1 to IP31 3, IP32 6, IP32 7, IP33 2 and IP33 3

KA28 to KA30

F3 ... F3 ...

NG14 7, NG16 5, NG16 6, NG17 to NG22, NG23 5, NG23 6 and NG25

F3 ...

NR32 3 to NR32 5, NR33 7 to NR33 9, NR34 0 and NR34 7 to NR34 9

OL14

[F6PA1 to PA27]

RM6, except for the following parts:

5AA, 5BH, 5HD, 5HB, 5HH, 5HP, 5EP, 5ER, 5EL, 5QT, 6DU, 6DX, 5TJ, 5SB, 6RH, 5RA, 5QX, 6RJ, 6RL and 6RB

RM8, except for the following parts:

3UH, 3UL, 3UB, 3UA, 3HX, 3HR, 3HA, 3HB, 3HD, 3JA, 3HU, 3JP, 3XX, 3YA, 3YB, 3YH, 3YJ, 3YL, 1UT, 1XA, 1DB, 1DD, 1DH, 1DJ, 1YR, 1YP, 1BX, 1BU, 1BT, 1BP, 3RP, 3RR, 3SR, 3UD, 3UX, 1XJ and 1XL

SS0 to SS6 and SS9

SS11, but only the following parts:

7EE, 7PR, 7BS, 7NW, 7NP, 7NS, 7NJ, 7NR, 7NX, 7PD, 7PB, 7PE, 7PA, 7PT, 7BL, 7JG, 7HU, 7JE, 7PX, 7HS, 7QH, 7BJ, 7NB, 7ND, 7EY, 7HY, 7HZ, 7JD, 7JF, 7DP, 7DN, 7JQ, 7BQ, 7JG, 7BG, 7NA, 7LY, 7LX, 7BH, 7BW, 7EX, 7ET, 7LZ, 7EP, 7BE, 7LR, 7LP, 7HX, 7PP , 7PY, 7DX, 7DY, 7HB, 7HA, 7BN, 7ES, 7PU, 7QD, 7QA, 7QB, 7PZ, 7DW, 7HP, 7PS, 7QF, 7PN, 7HT, 7QG, 7EU, 7DR, 7DT, 7DA, 7DB, 7NU, 7JB, 7JA, 7LN, 7LW, 7LS and 7BP

SS12

WA1 to WA5, WA7, WA8 and WA11 to WA13

WF3 and WF12 to WF17.]

Textual Amendments

Regulation 6(1)(a) and (4A)

[F7SCHEDULE 1AE+W+S AREAS IN WHICH PERSONS WHO ARE SUBJECT TO THE REPEAT INTERVIEW REQUIREMENT IN REGULATION 6(3) OR (4A) RESIDE

Textual Amendments

[F1CM1 to CM6.

HD1 to HD9.

HX1 to HX8.

OL14.

PA11 but only the following parts:

3QT, 3QX, 3QY, 3QZ, 3RX, 3RZ, 3SD, 3SF, 3SJ, 3SL, 3SQ, 3SW, 3SX, 3SY,

PA13 to PA16, PA18 and PA19.

SS0 to SS6,

SS11 but only the following parts:

7BE, 7BG, 7BH, 7BJ, 7BL, 7BN, 7BP, 7BQ, 7BS, 7BW,

7DA, 7DB, 7DN, 7DP, 7DR, 7DT, 7DW, 7DX, 7DY,

7EE, 7EP, 7ES, 7ET, 7EU, 7EX, 7EY,

7HA, 7HB, 7HP, 7HS, 7HT, 7HU, 7HX, 7HY, 7HZ,

7JA, 7JB, 7JE, 7JF, 7JG, 7JQ,

7LN, 7LP, 7LR, 7LS, 7LW, 7LX, 7LY, 7LZ,

7NA, 7NB, 7ND, 7NJ, 7NP, 7NR, 7NS, 7NU, 7NW, 7NX,

7PA, 7PB, 7PD, 7PE, 7PN, 7PP, 7PR, 7PS, 7PT, 7PU, 7PX, 7PY,7PZ,

7QA, 7QB, 7QD, 7QF, 7QG, 7QH.

SS12.

WF12 to WF17.]]

Textual Amendments

Regulation 16(1)

SCHEDULE 2E+W+S HOUSING BENEFIT AMENDMENTS

[F8[F11.  The Housing Benefit Regulations shall be amended in accordance with the following paragraphs of this Schedule.E+W+S

Textual Amendments

2.  In regulation 2(1) (interpretation), after the entry relating to “water charges", there shall be inserted the following entries–E+W+S

““work-focused interview" has the meaning it has in regulation 3 of the Work-focused Interviews Regulations;

“the Work-focused Interviews Regulations" means the Social Security (Work-focused Interviews) Regulations 2000 M1 ; ”.

Textual Amendments

Marginal Citations

3.—(1)  In regulation 68 (date on which change of circumstances is to take effect), in paragraph (1), the word “either" shall be omitted and for the word “ applies" there shall be substituted the words “ or regulation 68A applies ” . E+W+S

(2) After regulation 68 there shall be inserted the following regulation–

“ Date of change of circumstances following decision as to whether person took part in a work-focused interview

68A.—(1) Where the relevant change of circumstances is a decision made in accordance with regulation 11 of the Work-focused Interviews Regulations as to whether a person took part in a work-focused interview, the date on which the change of circumstances is to take effect shall be determined in accordance with the following paragraphs of this regulation.

(2) Where the relevant change of circumstances is that the consequences specified in regulation 12(2)(b) or (c) of the Work-focused Interviews Regulations apply, the change shall take effect as from the first day of the next benefit week following the date of the decision that the claimant failed without good cause to take part in a work-focused interview.

(3) Where the relevant change of circumstances is that the claimant attains the age of 60 or ceases to reside in an area specified in Schedule 1 to the Work-focused Interviews Regulations, the date on which the change of circumstances is to take effect is the first day of the next benefit week to commence for that person following the date the decision was made or the circumstance occurred.

(4) Where the relevant change of circumstances is a decision that the consequences specified in paragraph (2) which applied to the claimant no longer apply, the date on which the change of circumstances is to take effect is the day on which it would have had effect had the revised decision been made on the date of the decision it revised.

(5) Where a person–

(a)has been held not to have taken part in a work-focused interview;

(b)in consequence of that decision suffers a reduction in benefit; and

(c)subsequently takes part in a work-focused interview,

the date on which the change of circumstances is to have effect is the first day of the benefit week in which the requirement to take part in the interview was met.”.

Textual Amendments

4.  In regulation 79 (review of determinations)–E+W+S

(a) in paragraph (1), for the words “Subject to paragraph 1A M2 ", there shall be substituted the words “ Subject to paragraphs (1A) and (1B) ” ; and

(b)after paragraph (1A), there shall be inserted the following paragraph–

“(1B) A determination or decision that a person did or did not take part in a work-focused interview and if he did not whether he had good cause for not doing so, shall not be reviewed.”.

Textual Amendments

Marginal Citations

M2The relevant amending Instrument is S.I. 1993/1150.

5.  In regulation 81 (further review of determinations)–E+W+S

(a) in paragraph (3), at the beginning, there shall be inserted the words “ Subject to paragraph (5) ” ;

(b)after paragraph (4), there shall be added the following paragraph–

“(5) A determination or a decision that a person did or did not take part in a work-focused interview and if he did not whether he had good cause for not doing so, shall not be reviewed by a Review Board.”.

Textual Amendments

6.  In Schedule 6 (matters to be included in the Notice of Determination), the following Part shall be added at the end–E+W+S

“PART VIIIE+W+SNotice following a decision on a work-focused interview

15.—(1) This Part applies in a case where a decision has been made in accordance with regulation 11 of the Work-focused Interviews Regulations that a person has failed to take part in a work-focused interview.

(2) In a case where one of the consequences specified in sub-paragraphs (3) and (4) apply, the notice of determination shall include a statement as to the person’s right of appeal against the decision that he failed to take part in a work-focused interview.

(3) In a case where the consequence of the failure to take part is that the entitlement to housing benefit terminates, the notice of determination shall include a statement as to–

(a)the last date of the entitlement to housing benefit;

(b)the reason entitlement terminated.

(4) In a case where the consequence of the failure to take part is that the amount of housing benefit payable is reduced, the notice of determination shall include a statement as to–

(a)the amount by which the housing benefit is reduced;

(b)the date from which the reduction takes effect; and

(c)the reason for the reduction.

(5) In a case where a new decision is made reversing an earlier decision that a person failed to take part in a work-focused interview, the notice of determination shall include a statement as to–

(a)the date from which the consequences of the failure cease to apply; and

(b)the reason for the new decision.”.]]

Textual Amendments

Regulation 16(2)

SCHEDULE 3E+W+S COUNCIL TAX BENEFIT AMENDMENTS

[F8[F11.  The Council Tax Benefit Regulations shall be amended in accordance with the following paragraphs of this Schedule.E+W+S

Textual Amendments

2.  In regulation 2(1) (interpretation), after the entry relating to “water charges", there shall be inserted the following entries–E+W+S

““work-focused interview" has the meaning it has in regulation 3 of the Work-focused Interviews Regulations;

“the Work-focused Interviews Regulations" means the Social Security (Work-focused Interviews) Regulations 2000 M3 ; ”.

Textual Amendments

Marginal Citations

3.—(1)  In regulation 59 (date on which change of circumstances is to take effect), in paragraph (1), for the word “applies" there shall be substituted the words “ and regulation 59A applies ” . E+W+S

(2) After regulation 59 there shall be inserted the following regulation–

“ Date of change of circumstances following a decision as to whether a person took part in a work-focused interview

59A.—(1) Where the relevant change of circumstances is a decision made in accordance with regulation 11 of the Work-focused Interviews Regulations as to whether a person took part in a work-focused interview, the date on which the change of circumstances is to take effect shall be determined in accordance with the following paragraphs of this regulation.

(2) Where the relevant change of circumstances is that the consequences specified in regulation 12(2)(b) or (c) of the Work-focused Interviews Regulations apply, the change shall take effect as from the first day of the next benefit week following the date of the decision that the claimant failed without good cause to take part in a work-focused interview.

(3) Where the relevant change of circumstances is that the claimant attains the age of 60 or ceases to reside in an area specified in Schedule 1 to the Work-focused Interviews Regulations, the date on which the change of circumstances is to take effect is the first day of the next benefit week to commence for that person following the date the decision was made or the circumstance occurs.

(4) Where the relevant change of circumstances is a decision that the consequences specified in paragraph (2) which applied to the claimant no longer apply, the date on which the change of circumstances is to take effect is the day on which it would have had effect had the revised decision been made on the date of the decision it revised.

(5) Where a person–

(a)has been held not to have taken part in a work-focused interview;

(b)in consequence of that decision suffers a reduction in benefit;

(c)subsequently takes part in a work-focused interview,

the date on which the change of circumstances is to have effect is the first day of the benefit week in which the requirement to take part in the interview was met.”.

Textual Amendments

4.  In regulation 69 (review of determinations)–E+W+S

(a) in paragraph (1), for the words “Subject to paragraph (1A) M4 ", there shall be substituted the words “ Subject to paragraphs (1A) and (1B), ” ; and

(b)after paragraph (1A), there shall be inserted the following paragraph–

“(1B) A determination or decision that a person did or did not take part in a work-focused interview and if he did not whether he had good cause for not doing so, shall not be reviewed.”.

Textual Amendments

Marginal Citations

M4The relevant amending Instrument is S.I. 1995/511.

5.  In regulation 70 (further review of determinations)–E+W+S

(a) in paragraph (3) for the words “Subject to paragraph (4)", there shall be substituted the words “ Subject to paragraphs (4) and (6) ” ;

(b)after paragraph (5), there shall be added the following paragraph–

“(6) A determination or a decision that a person did or did not take part in a work-focused interview and if he did not whether he had good cause for not doing so, shall not be reviewed by a Review Board.”.

Textual Amendments

6.  In Schedule 6 (matters to be included in the notice of determination), the following Part shall be added at the end–E+W+S

“PART VIIIE+W+SNotice following a decision on a work-focused interview

15.—(1) This Part applies in a case where a decision has been made in accordance with regulation 11 of the Work-focused Interviews Regulations that a person has failed to take part in a work-focused interview.

(2) In a case where one of the consequences specified in sub-paragraphs (3) and (4) apply, the notice of determination shall include a statement as to the person’s right of appeal against the decision that he failed to take part in a work-focused interview.

(3) In a case where the consequence of the failure to take part is that the entitlement to council tax benefit terminates, the notice of determination shall include a statement as to–

(a)the last date of the entitlement to council tax benefit;

(b)the reason entitlement terminated.

(4) In a case where the consequence of the failure to take part is that the amount of council tax benefit is reduced, the notice of determination shall include a statement as to–

(a)the amount by which the council tax benefit is reduced;

(b)the date from which the reduction takes effect; and

(c)the reason for the reduction.

(5) In a case where a new decision is made reversing an earlier decision that a person failed to take part in a work-focused interview, the notice of determination shall include a statement as to–

(a)the date from which the consequences of the failure cease to apply; and

(b)the reason for the new decision.”.]]

Textual Amendments

Regulation 16(3)

SCHEDULE 4E+W+S AMENDMENTS TO THE HOUSING BENEFIT REGULATIONS AND COUNCIL TAX BENEFIT REGULATIONS RELATING TO CLAIMS

[F9PART IE+W+SHOUSING BENEFIT AMENDMENTS

Textual Amendments

1.  The Housing Benefit Regulations shall be amended in accordance with the following provisions of this Part.E+W+S

2.  In regulation 2 (interpretation), in paragraph (1)–E+W+S

(a)after the entry relating to “date of claim" there shall be inserted the following entry–

“ the designated authority ” means any of the following–

(a)

the Secretary of State;

(b)

a person providing services to the Secretary of State;

(c)

a local authority;

(d)

a person providing services to, or authorised to exercise any functions of, any such authority;

(b)

the entry relating to “relevant authority" shall be omitted M5.

Marginal Citations

M5The relevant amending Instrument is S.I. 1999/3108.

3.  In regulation 71 (who may claim), in paragraph (7), for the words “ Part I or II of Schedule 2 to the Social Security (Claims and Information) Regulations 1999" there shall be substituted the words “ Schedule 1 to the Work-focused Interviews Regulations ” and for the words “relevant authority", there shall be substituted the words “ designated authority ”.E+W+S

4.  In regulation 72 (time and manner in which claims are to be made)–E+W+S

(a)in paragraph (1), for the words “Subject to regulation 72B, every", there shall be substituted the word “ Every ”;

(b)in paragraph (4)–

(i)in sub-paragraph (d), for the words “and is not engaged in remunerative work", there shall be substituted the words “ and is neither engaged in remunerative work nor residing in an area identified in Schedule 1 to the Work-focused Interviews Regulations ”;

(ii)at the end there shall be added the following sub-paragraph–

“(e)may be sent or delivered to the office of a designated authority where the claimant–

(i)has attained the age of 16 but not the age of 60; and

(ii)resides in an area identified in Schedule 1 to the Work-focused Interviews Regulations.”.

5.  In regulation 72A M6 (date of claim where claim sent or delivered to a gateway office) in paragraph (3) at the end there shall be added the words “ or are made at an office of a designated authority in accordance with regulation 72(4)(c). ”.E+W+S

Marginal Citations

M6The relevant amending Instrument is S.I. 1999/1539.

6.  For regulations 72B and 72C M7, there shall be substituted the following regulation–E+W+S

“ Date of claim where claim sent or delivered to an office of a designated authority

72B.—(1) Where a claim for housing benefit has been sent or delivered to an office of a designated authority in accordance with regulation 72(4)(e), the date on which the claim is made shall be–

(a)except where paragraph (b) applies, the date the claim is received at an office of the designated authority; or

(b)where in the 4 weeks before the claim is received in an office of a designated authority, the person making the claim or a person acting on his behalf had notified an office of a designated authority of his intention to make such a claim, the date the notification was given.

(2) A notification of intention to make a claim is deemed to be given on the date on which notification of the intention to claim housing benefit is received, in whatever form, from the claimant, or the person acting on his behalf, at an office of a designated authority.

(3) Paragraph (2) applies where neither income support nor a jobseeker’s allowance is claimed in conjunction with housing benefit.

(4) Where the person claiming housing benefit in accordance with regulation 72(4)(e), or the partner of that person,–

(a)has an award of income support or income-based jobseeker’s allowance; or

(b)has claimed such a benefit but no award has been made,

the date on which the claim for housing benefit is made shall be determined as if sub-paragraphs (a), (b), (c) and (e) of paragraph (1) of regulation 72A applied to that claim as they apply to claims under regulation 72(4)(d).”.

Marginal Citations

M7The relevant amending Instrument is S.I. 1999/3108.

7.  In regulation 73 (evidence and information) paragraph (7) shall be omitted.E+W+S

8.  In regulation 75 (duty to notify change of circumstances), in paragraph (4), for the words “relevant authority" there shall be substituted the words “ designated authority ”.E+W+S

PART IIE+W+SCOUNCIL TAX BENEFIT AMENDMENTS

1.  The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this Part.E+W+S

2.  In regulation 2 (interpretation), in paragraph (1)–E+W+S

(a)after the entry relating to “date of claim" there shall be inserted the following entry–

““the designated authority" means any of the following–

(a)the Secretary of State;

(b)a person providing services to the Secretary of State;

(c)a local authority;

(d)a person providing services to, or authorised to exercise any functions of, any such authority;”

(b)the entry relating to “relevant authority" shall be omitted M8.

Marginal Citations

M8The relevant amending Instrument is S.I. 1999/3108.

3.  In regulation 61 (who may claim), in paragraph (7), for the words “ relevant authority", there shall be substituted the words “ designated authority ”.E+W+S

4.  In regulation 62 (time and manner in which claims are made)–E+W+S

(a)in paragraph (1), for the words “Subject to regulation 62B, every" there shall be substituted the word “ Every ”;

(b)in paragraph (4)–

(i)in sub-paragraph (d), for the words “and is not engaged in remunerative work", there shall be substituted the words “ and is neither engaged in remunerative work nor residing in an area identified in Schedule 1 to the Work-focused Interviews Regulations ”;

(ii)at the end there shall be added the following sub-paragraph–

“(e)may be sent or delivered to the office of a designated authority where the claimant–

(i)has attained the age of 16 but not the age of 60; and

(ii)resides in an area identified in Schedule 1 to the Work-focused Interviews Regulations.”.

5.  In regulation 62A M9 (date of claim where claim sent or delivered to a gateway office) in paragraph (3) at the end there shall be added the words “ or are made at an office of a designated authority in accordance with regulation 62(4)(e). ”.E+W+S

Marginal Citations

M9The relevant amending Instruments are S.I. 1999/1539 and 3108.

6.  For regulations 62B and 62C M10, there shall be substituted the following regulation–E+W+S

“ Date of claim where claim sent or delivered to an office of a designated authority

62B.—(1) Where a claim for council tax benefit has been sent or delivered to an office of a designated authority in accordance with regulation 62(4)(e), the date on which the claim is made shall be–

(a)except where paragraph (b) applies, the date the claim is received at an office of the designated authority; or

(b)where in the 4 weeks before the claim is received in an office of the designated authority, the person making the claim or a person acting on his behalf had notified an office of a designated authority of his intention to make such a claim, the date the notification was given.

(2) A notification of intention to make a claim is deemed to be given on the date on which notification of the intention to claim council tax benefit is received, in whatever form, from the claimant, or the person acting on his behalf, at an office of a designated authority.

(3) Paragraph (2) applies where neither income support nor a jobseeker’s allowance is claimed in conjunction with council tax benefit.

(4) Where the person claiming council tax benefit in accordance with regulation 62(4)(e), or the partner of that person,–

(a)has an award of income support or income-based jobseeker’s allowance; or

(b)has claimed such a benefit but no award has been made,

the date on which the claim for council tax benefit is made shall be determined as if sub-paragraphs (a), (b), (c) and (e) of paragraph (1) of regulation 62A applied to that claim as they apply to claims under regulation 62(4)(d).”.

Marginal Citations

M10The relevant amending Instruments are S.I. 1999/1539 and 3108.

7.  In regulation 63 (evidence and information), paragraph (7) shall be omitted.E+W+S

8.  In regulation 65 (duty to notify changes of circumstances), in paragraph (4), for the words “relevant authority" there shall be substituted the words “ designated authority ”.]E+W+S

Regulation 16(4)

SCHEDULE 5E+W+S CONSEQUENTIAL AMENDMENTS TO THE CLAIMS AND PAYMENTS REGULATIONS

1.  The Claims and Payments Regulations shall be amended in accordance with the following provisions of this Schedule.E+W+S

2.  In regulation 4 (making a claim for benefit) after paragraph (1C) M11 there shall be inserted the following paragraph–E+W+S

“(1D) In calculating any period of one month for the purposes of paragraph (7) and regulation 6(1A)(b), there shall be disregarded any period commencing on a day on which a person is first notified of a decision that he failed to take part in a work-focused interview and ending on a day on which he was notified that that decision has been revised so that the decision as revised is that he did take part.”.

Marginal Citations

M11The relevant amending Instrument is S.I. 1997/793.

3.  In paragraph (1) of regulation 6 (date of claim) M12 after the words “this regulation" there shall be inserted the words “ or regulation 6A (claims by persons subject to work-focused interviews) ”.E+W+S

Marginal Citations

M12The relevant amending Instruments are S.I. 1990/725 and 1997/793.

4.  After regulation 6, there shall be inserted the following regulation–E+W+S

“ Claims by persons subject to work-focused interviews

6A.—(1) This regulation applies to any person who is required to take part in a work-focused interview in accordance with regulation 4 of the Social Security (Work-focused Interviews) Regulations 2000 (“the Work-focused Interviews Regulations").

(2) Subject to the following provisions of this regulation, where a person takes part in a work-focused interview, the date on which the claim is made shall be–

(a)in a case where–

(i)the claim made by the claimant meets the requirements of regulation 4(1), or

(ii)the claim made by the claimant is for income support and meets the requirements of regulation 4(1A),

the date on which the claim is received in the appropriate office;

(b)in a case where a claim does not meet the requirements of regulation 4(1) but is treated, under regulation 4(7), as having been duly made, the date on which the claim was treated as received in the appropriate office in the first instance;

(c)in a case where–

(i)first notification of intention to claim income support is made to an appropriate office, or

(ii)a claim for income support is received in an appropriate office which does not meet the requirements of regulation 4(1A),

the date of notification or, as the case may be, the date the claim is first received where the properly completed claim form is received within 1 month of notification or the date the claim is first received, or the day on which a properly completed claim form is received where these requirements are not met.

(3) In a case where a decision is made that a person is regarded as not having made a claim for any benefit because he failed to take part in a work-focused interview but subsequently claims such a benefit, in applying paragraph (2) to that claim no regard shall be had to any claim regarded as not having been made in consequence of that decision.

(4) Paragraph (2) shall not apply in any case where a decision has been made that the claimant has failed to take part in a work-focused interview.

(5) In regulation 4 and this regulation, “work-focused interview" has the meaning it has in regulation 3 of the Work-focused Interviews Regulations and in this regulation “designated authority" has the meaning it has in regulation 2(1) of the Work-focused Interviews Regulations.”.

Regulation 16(5)

SCHEDULE 6E+W+S DECISIONS AND APPEALS

1.  The Social Security and Child Support (Decisions and Appeals) Regulations 1999 M13 shall be amended in accordance with paragraphs 2 to 7.E+W+S

Marginal Citations

M13S.I. 1999/991; the relevant amending Instruments are S.I. 1999/1623 and 1670.

2.  In regulation 1(3) (interpretation)–E+W+S

(a)after the entry relating to “the date of notification" there shall be inserted the following entry–

““designated authority" has the meaning it has in regulation 2(1) of the Work-focused Interviews Regulations;”;

(b)for the entry relating to “official error", there shall be substituted the following entry–

““official error" means an error made by–

(a)an officer of the Department of Social Security, the Board or the Department for Education and Employment acting as such which no person outside any of those Departments caused or to which no person outside any of those Departments materially contributed;

(b)a person employed by a designated authority acting on behalf of the authority, which no person outside that authority caused or to which no person outside that authority materially contributed;”;

(c)[F10after the entry relating to “the Transfer Act", there shall be inserted the following entries–

““work-focused interview" has the meaning it has in regulation 3 of the Work-focused Interviews Regulations;

“the Work-focused Interviews Regulations" means the Social Security (Work-focused Interviews) Regulations 2000 ;”.]

Textual Amendments

3.  In regulation 3 (revision of decisions)–E+W+S

(a)after paragraph (6), there shall be inserted the following paragraph–

“(6A) A relevant decision within the meaning of section 2B(2) of the Administration Act M14 may be revised at any time if it contains an error.”;

(b)[F11in paragraph (11), at the end of sub-paragraph (e) there shall be added–

“or

(f)in the case of a relevant person within the meaning of regulation 2(2) of the Work-focused Interviews Regulations, an office of any designated authority which displays the ONE logo.”]

Textual Amendments

Marginal Citations

M14Section 2B was inserted by Section 57 of the Welfare Reform Act 1999 (c. 30).

4.  In regulation 6 (supersession of decisions), in paragraph (2), at the end there shall be added the following–E+W+S

“and

(h)is one in respect of a person who–

(i)is subsequently the subject of a separate decision or determination as to whether or not he took part in a work-focused interview;

(ii)had been held not to have taken part in a work-focused interview but who had, subsequent to the decision to be superseded, attained the age of 60 or ceased to reside in an area in which there is a requirement to take part in a work-focused interview.”.

5.  In regulation 7 (date from which decision superseded takes effect) M15, at the end there shall be added the following paragraphs–E+W+S

“(25) In a case where a decision (“the first decision") has been made that a person failed without good cause to take part in a work-focused interview, the decision under section 10 shall take effect as from the first day of the benefit week to commence for that person following the date of the first decision.

(26) In paragraph (25), “benefit week" means any period of 7 days corresponding to the week in respect of which the relevant social security benefit is due to be paid.”.

Marginal Citations

M15The relevant amending Instrument is S.I. 1999/1623.

6.  In regulation 33 M16, in paragraph (2), after sub-paragraph (dd) there shall be inserted the following sub-paragraph–E+W+S

“(ddd)in a case where the decision appealed against was a decision arising from a claim to a designated office, an office of a designated authority;”.

Marginal Citations

M16The relevant amending Instruments are S.I. 1999/1662 and 2570.

7.  At the end of Schedule 2 there shall be added the following paragraph–E+W+S

“26.  Any decision treated as a decision of the Secretary of State whether or not to waive or defer a work-focused interview.”.

8.  In regulation 2 of the Child Support (Maintenance Assessment Procedure) Regulations 1992 M17, in paragraph (2)–E+W+S

(a)the following entry shall be inserted in the appropriate place–

““designated authority" has the meaning it has in regulation 2(1) of the Social Security (Work-focused Interviews) Regulations 2000.”;

(b)for the definition of “official error" there shall be substituted the following definition–

““official error" means an error made by–

(a)an officer of the Department of Social Security acting as such which no person outside that Department caused or to which no person outside that Department materially contributed;

(b)a person employed by a designated authority acting on behalf of the authority, which no person outside that authority caused or to which no person outside that authority materially contributed;”.

Marginal Citations

M17S.I. 1992/1813; the relevant amending Instrument is S.I. 1999/1047.

9.  In regulation 1 of the Child Support Departure Direction and Consequential Amendment Regulations 1996 M18 in paragraph (2)–E+W+S

(a)after the definition of “departure direction application form" there shall be inserted the following definition–

““designated authority" has the meaning it has in regulation 2(1) of the Social Security (Work-focused Interviews) Regulations 2000.”;

(b)for the definition of “official error" there shall be substituted the following definition–

““official error" means an error made by–

(a)an officer of the Department of Social Security acting as such which no person outside that Department caused or to which no person outside that Department materially contributed;

(b)a person employed by a designated authority acting on behalf of the authority, which no person outside that authority caused or to which no person outside that authority materially contributed;”.

Marginal Citations

M18S.I. 1996/2907; the relevant amending Instrument is S.I. 1999/1047.

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