The Employment and Support Allowance Regulations 2008

Failure to take part in a work-focused interview

61.—(1) A claimant who is required to take part in a work-focused interview but fails to do so must show good cause for that failure within 5 working days of the date on which the Secretary of State gives notification of that failure.

(2) The Secretary of State must determine whether a claimant who is required to take part in a work-focused interview has failed to do so and, if so, whether the claimant has shown good cause for that failure in accordance with paragraph (1).

(3) In determining whether a claimant has shown good cause for the failure to take part in a work-focused interview, the Secretary of State may take the following matters into account—

(a) that the claimant misunderstood the requirement to take part in the work-focused interview due to learning, language or literacy difficulties or any misleading information given or sent by the Secretary of State;

(b) that the claimant had transport difficulties and that no reasonable alternative was available;

(c) that the claimant was attending an interview with an employer with a view to remaining in or obtaining work;

(d) that the claimant was pursuing employment opportunities as a self-employed earner;

(e) that the claimant was attending a medical or dental appointment and that it would have been unreasonable in the circumstances to re-arrange the appointment;

(f) that the claimant was accompanying another person for whom the claimant has caring responsibilities to a medical or dental appointment and that it would have been unreasonable for that other person to re-arrange the appointment;

(g) that the claimant, a dependant or another person for whom the claimant provides care suffered an accident, sudden illness or relapse of a physical or mental condition;

(h) that the claimant was attending the funeral of a relative or close friend on the day of the work-focused interview;

(i) that the physical or mental condition of the claimant made it impossible to attend at the time and place fixed for the interview;

(j) that the established customs and practices of the religion to which the claimant belongs prevented attendance on that day or at that time;

(k) any other matter which the Secretary of State considers appropriate.