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Welfare Reform Act 2009

11B Provision which may be made by regulations under section 11A

276.This section details some of the things which can be specified in regulations made under new section 11A. This includes provision to sanction people who fail to comply and do not take part in a work-focused interview without having good cause. Matters to be considered as relevant in determining whether a person has shown good cause are to be prescribed in regulations. Where a person does not meet an interview requirement that is made as a condition of becoming entitled to benefit, the appropriate sanction will be to treat that person as not having made a claim. Where compliance with an interview requirement applies as a condition of entitlement to benefit continuing, the appropriate sanction will be to reduce the benefits paid to that person by an amount specified in regulations.

277.Subsection (4) allows for the requirement to undertake a work-focused interview to be waived if it is not considered appropriate for the claimant. Under subsection (6), benefit can still be awarded in this situation.

278.The meaning of ‘relevant benefit’ in subsection (7) currently applies to income support, housing benefit, council tax benefit, widows and bereavement benefits, carer’s allowance, severe disablement allowance and incapacity benefit.

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