The Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2008

Failure to take part in a work-focused interview

8.—(1) A relevant 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 five working days of the date on which the Secretary of State gives notification of that failure.

(2) In determining whether a relevant claimant has shown good cause for a failure to take part in a work-focused interview, the matters to be taken into account include—

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

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

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

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

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

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

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

(j) that the established customs and practices of the religion to which the relevant claimant belongs prevented attendance on the day or at the time fixed for the work-focused interview;

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

(3) If the Secretary of State determines that a relevant claimant has failed to take part in a work-focused 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, the Secretary of State shall make a relevant decision for the purposes of section 2B of the Social Security Administration Act 1992.