The Social Security (Working Neighbourhoods) Regulations 2004

Taking part in an interview E+W+S

11.—(1) The officer shall determine whether a relevant person has taken part in an interview.

(2) A relevant person shall be regarded as having taken part in the first interview which he attends under these Regulations, whether as a result of a requirement arising under regulation 3 or 4, if—

(a) he attends for the interview at the place and time notified to him by the officer;

(b) he participates in discussions with the officer in relation to the relevant person’s employability, including any action the relevant person and the officer agree is reasonable and they are willing to take in order to help the relevant person enhance his employment prospects;

(c) he provides answers (where asked) to questions and appropriate information about—

(i) details of and the level to which he has pursued any educational qualifications;

(ii) his employment history;

(iii) his aspirations for future employment;

(iv) any vocational training he has undertaken;

(v) any skills he has acquired which fit him for employment;

(vi) any vocational training or skills which he wishes to undertake or acquire;

(vii) any paid or unpaid employment he is engaged in;

(viii) the extent to which any medical condition, in his opinion, restricts his ability to undertake or puts him at a disadvantage in undertaking employment;

(ix) his work related abilities;

(x) any caring or childcare responsibilities he has; and

(xi) his financial position and how this may be improved should he obtain or enhance his employment; and

(d) he assists the officer in the completion of an action plan which records the matters discussed in relation to sub-paragraph (b).

(3) A relevant person shall be regarded as having taken part in any subsequent interview which he attends as a result of requirements arising under either regulation 3 or 4 if—

(a) he attends for the interview at the place and time notified to him by the officer;

(b) he participates in discussions with the officer—

(i) in relation to the relevant person’s employability or any progress he might have made towards obtaining or enhancing his employment;

(ii) about any action the relevant person or the officer might have taken as a result of the matters discussed in relation to paragraph (2)(b);

(iii) about his current aspirations towards employment;

(iv) about how, if at all, the action plan referred to in paragraph (2)(d) should be amended;

(v) in order to review any of the programmes and support available to help the relevant person obtain or enhance his employment; and

(vi) in order to review his financial position and how this may be improved should he obtain or enhance his employment;

(c) in the case of a relevant person in receipt of incapacity benefit or incapacity-based income support, he provides answers (where asked) to questions and appropriate information about—

(i) the content of any report made following a personal capability assessment, insofar as that report relates to the relevant person’s capabilities and employability; and

(ii) his opinion as to the extent to which his medical condition restricts his ability to undertake or enhance his employment; and

(d) he assists the officer in the completion of any amendment of the action plan referred to in paragraph (2)(d) in the light of the matters discussed in relation to sub-paragraph (b) and, where relevant, the information provided in relation to sub-paragraph (c).

(4) Where an officer determines that a relevant person has failed to take part in an interview and good cause has not been shown by the relevant person or, where the relevant person is a partner, by either the relevant person or the benefit recipient for that failure within five working days of the day on which the interview was to take place, a relevant decision shall be made for the purposes of section 2B of the Social Security Administration Act 1992 M1 , and the relevant person and, where the relevant person is a partner, the benefit recipient shall be notified accordingly.

Marginal Citations

M1 1992 c. 5. Section 2B was inserted by section 57 of the Welfare Reform and Pensions Act 1999 (c. 30) and amended by paragraphs 8 and 9 of Schedule 7 to and section 54 of, and Schedule 8 to, the Employment Act 2002 (c. 22).