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- Point in Time (31/10/2005)
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Version Superseded: 30/04/2007
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There are currently no known outstanding effects for the The Social Security (Jobcentre Plus Interviews) Regulations 2002, Section 4.
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4.—(1) Subject to regulations 6 to 9, a 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 has attained the age of 18 and who is neither claiming incapacity benefit nor severe disablement allowance, [F1either paragraph (3) or (3A)] applies; or
(b)in any other case, any of the circumstances specified in paragraph (4) apply or where paragraph (5) applies.
(2) This paragraph applies in the case of a person who has taken part in an interview under regulation 3 or who would have taken part in such an interview [F2but for the requirement—
(i)being waived in accordance with regulation 6;
(ii)being deferred in accordance with regulation 7; or
(iii)not arising because the person was at the time of the claim for the specified benefit subject to provisions within the Social Security (Working Neighbourhoods) Regulations 2004 by virtue of regulation 2(3) of those Regulations.]
(3) [F3Except where paragraph (3A) applies,] 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 3; or
(ii)a determination was made under regulation 6(1);
(b)where the lone parent took part, failed to take part or was treated, by virtue of regulation 6(2), 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)the determination was made under regulation 6(1); and
(c)where the lone parent took part, failed to take part or was treated, by virtue of regulation 6(2), 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 6(1).
[F4(3A) Where a lone parent to whom paragraph (1)(a) applies was not required to take part in an interview under regulation 3 or under this regulation because at the time that the requirement would have arisen he was subject to provisions within the Social Security (Working Neighbourhoods) Regulations 2004 by virtue of regulation 2(3) of those Regulations, the lone parent shall be required to take part in an interview—
(a)after the expiry of six months, and
(b)after the expiry of one year, and
(c)at intervals of one year thereafter,
from the date on which he took part in, or was treated as having taken part in, an interview as a condition of his claim for income support, except that a requirement to take part in an interview shall not arise by virtue of sub-paragraphs (a), (b) or (c) if the period specified in those provisions has already expired when the lone parent becomes subject to these Regulations.]
(4) The circumstances specified in this paragraph are those where—
(a)it is determined in accordance with a personal capability assessment that a person is incapable of work and therefore, continues to be entitled to a specified benefit;
(b)a person’s entitlement to [F5 a carer’s allowance] ceases whilst entitlement to [F6a] 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 the officer 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 taken part in an interview, attains the age of 18.
(5) A requirement to take part in an interview arises under this paragraph where a person has not been required to take part in an interview by virtue of paragraph (4) for at least 36 months.
F7(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in reg. 4(1)(a) substituted (26.4.2004) by Social Security (Working Neighbourhoods) Regulations 2004 (S.I. 2004/959), regs. 1, 26(3)(a)
F2Words in reg. 4(2) substituted (26.4.2004) by Social Security (Working Neighbourhoods) Regulations 2004 (S.I. 2004/959), regs. 1, 26(3)(b)
F3Words in reg. 4(3) inserted (26.4.2004) by Social Security (Working Neighbourhoods) Regulations 2004 (S.I. 2004/959), regs. 1, 26(3)(c)
F4Reg. 4(3A) inserted (26.4.2004) by Social Security (Working Neighbourhoods) Regulations 2004 (S.I. 2004/959), regs. 1, 26(3)(d)
F5Words in reg. 4 substituted (1.4.2003) by Social Security Amendment (Carer's Allowance) Regulations 2002 (S.I. 2002/2497), reg. 1(b), Sch. 2 para. 1Sch. 2 para. 2
F6Word in reg. 4(4)(b) substituted (31.10.2005) by Social Security (Work-focused Interviews) Amendment Regulations 2005 (S.I. 2005/2727), regs. 1(1), 2(4)
F7Reg. 4(6) omitted (31.10.2005) by virtue of Social Security (Work-focused Interviews) Amendment Regulations 2005 (S.I. 2005/2727), regs. 1(1), 2(10)(b)
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