The Social Security (Jobcentre Plus Interviews) Regulations 2002

Exemptions E+W+S

8.—(1) Subject to paragraph (2), persons who, on the day on which the claim for a specified benefit is made or the requirement to take part in an interview under regulation [F1 4 or 4A or 7(2)] arises or applies—

(a) are engaged in remunerative work; or

(b) are claiming, or are entitled to, a jobseeker’s allowance,

shall be exempt from the requirement to take part in an interview.

(2) Paragraph (1)(b) shall not apply where—

(a) a joint-claim couple (as defined for the purposes of section 1(4) of the Jobseekers Act 1995 M1 ) have claimed a jobseeker’s allowance; and

(b) a member of that couple is a person to whom regulation 3D(1)(c) of the Jobseeker’s Allowance Regulations 1996 M2 (further circumstances in which a joint-claim couple may be entitled to a joint-claim jobseeker’s allowance) applies.

(3) [F2 A person who, on the day on which the claim for a specified benefit is made or the requirement to take part in an interview under regulation 4 or 7(2) arises or applies is—

(a) required to take part in an interview; or

(b) not required to take part in an interview by virtue of—

(i) a waiver of a requirement; or

(ii) a deferment of an interview,

under the [F3 Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2008] F4 ... shall be exempt from the requirement to take part in an interview.]

[F5 (4) The requirement to take part in an interview under regulations 3, 4, 4ZA[F6 , 4A] or 7(2) does not apply to a lone parent who is responsible for, and a member of the same household as, a child under the age of one.]

Textual Amendments

F1 Words in reg. 8(1) substituted (24.11.2008) by Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2008 (S.I. 2008/3051), regs. 1(2), 8(6) (with reg. 13, Sch. Pt. 1)

F2 Reg. 8(3) added (27.10.2003) by The Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2003 (S.I. 2003/2439), regs. 1, 17

F3 Words in reg. 8(3) substituted (15.12.2008) by Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2008 (S.I. 2008/2928), regs. 1, 12(3)

F4 Words in reg. 8(3) omitted (31.10.2011) by virtue of The Social Security (Work-focused Interviews for Lone Parents and Partners) (Amendment) Regulations 2011 (S.I. 2011/2428), regs. 1, 3(9)(a)

F5 Reg. 8(4) inserted (31.10.2011) by The Social Security (Work-focused Interviews for Lone Parents and Partners) (Amendment) Regulations 2011 (S.I. 2011/2428), regs. 1, 3(9)(b)

F6 Word in reg. 8(4) inserted (28.4.2014) by The Income Support (Work-Related Activity) and Miscellaneous Amendments Regulations 2014 (S.I. 2014/1097), regs. 1(1), 14(5)

Marginal Citations

M1 1995 c.18; the definition of “joint-claim couple” was inserted by the Welfare Reform and Pensions Act 1999, section 59 and Schedule 7, paragraph 2(4)(b).

M2 S.I. 1996/207; regulation 3D was inserted by S.I. 2000/1978 and amended by S.I. 2001/518.