The Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2003

Taking part in an interview

9.—(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 an interview referred to in regulation 3 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 his medical condition, in his opinion, restricts his ability to obtain or puts him at a disadvantage in obtaining employment;

(ix) his work related abilities; and

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

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

(3) A relevant person shall be regarded as having taken part in any one of the interviews referred to in regulation 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 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) above;

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

(iv) in order to consider any of the programmes and support available to help the relevant person obtain employment;

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

(i) the content of any report made following his 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 obtain employment; and

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

(4) Where an officer determines that a relevant person has failed to take part in an interview and good cause has not been shown 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.