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The Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000

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Citation, commencement and interpretationE+W+S

1.—(1) These Regulations may be cited as the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000.

(2) This regulation and paragraphs 2 to 5 of Schedule 2 and regulation 10 in so far as it relates to those paragraphs shall come into force on 14th August 2000.

(3) Regulations 2 to 9, paragraph 1 of Schedule 2 and regulation 10 in so far as it relates to that paragraph shall—

(a)come into force on 30th October 2000 in respect of lone parents who on that date—

(i)live in an area identified in Schedule 1; and

(ii)are not entitled to income support;

(b)subject to sub-paragraph (a), come into force on 30th April 2001 in respect of lone parents who on that date—

(i)are not entitled to income support; or

(ii)are entitled to income support and are not—

(aa)responsible for; and

(bb)living in the same household as,

a child under the age of 13;

(c)subject to the preceding sub-paragraphs, come into force on 1st April 2002 in respect of lone parents who on that date are entitled to income support and are not—

(i)responsible for; and

(ii)living in the same household as,

a child under the age of 9;

(d)subject to the preceding sub-paragraphs, where a lone parent—

(i)is responsible for and living in the same household as a child whose 13th birthday occurs in the period beginning on 1st May 2001 and ending on 31st March 2002; and

(ii)is not on the date of the 13th birthday responsible for and living in the same household as a younger child,

come into force in respect of that lone parent on the date of that child’s 13th birthday;

(e)subject to the preceding sub-paragraphs, where a lone parent—

(i)is responsible for and living in the same household as a child whose 9th birthday occurs in the period beginning on 2nd April 2002 and ending on 6th April 2003; and

(ii)is not on the date of the 9th birthday responsible for and living in the same household as a younger child,

come into force in respect of that lone parent on the date of that child’s 9th birthday; and

[F1(f)subject to the preceding sub-paragraphs, come into force on 7th April 2003 in respect of lone parents who on that date are entitled to income support and are not responsible for and living in the same household as a child under the age of 5 years and 3 months;]

(g)[F2subject to the preceding sub-paragraphs, come into force on 5th April 2004 in respect of a lone parent who on that date is entitled to income support and is responsible for and living in the same household as a child.]

come into force in respect of that lone parent on the date that child reaches the age of 5 years and 3 months.

(4) In these Regulations, unless the context otherwise requires—

  • M1“the 1998 Act" means the Social Security Act 1998 ;

  • “benefit week" means any period of seven days corresponding to the week in respect of which income support is due to be paid;

  • M2“lone parent" has the meaning it bears in regulation 2(1) of the Income Support (General) Regulations 1987 ;

  • “interview" means a work-focused interview with a lone parent conducted for any or all of the following purposes—

    (a)

    assessing that person’s prospects for existing or future employment (whether paid or voluntary);

    (b)

    assisting or encouraging that person to enhance his prospects of such employment;

    (c)

    identifying activities which that person may undertake to strengthen his existing or future prospects of employment;

    (d)

    identifying current or future employment or training opportunities suitable to that person’s needs; and

    (e)

    identifying educational opportunities connected with the existing or future employment prospects or needs of that person; and

  • “officer" means an officer of, or providing services to, the Secretary of State.

  • [F3“pensionable age”, in the case of a man born before 6th April 1955, means the age when a woman born on the same day as the man would attain pensionable age.]

  • [F4“relevant interview” means an interview under these Regulations in relation to the lone parent’s current award of income support.]

(5) In these Regulations, unless the context otherwise requires, a reference—

(a)to a numbered regulation is to a regulation in these Regulations bearing that number;

(b)in a regulation to a numbered paragraph or sub-paragraph is to the paragraph or sub-paragraph in that regulation bearing that number;

(c)to a numbered Schedule is to the Schedule to these Regulations bearing that number.

[F5(6) For the purposes of section 2A(2A)(b) of the Social Security Administration Act 1992 and these Regulations, a lone parent is to be treated as responsible for, and a member of the same household as, a child under the age of one only where the lone parent is treated as being responsible for and a member of the same household as such a child under regulations 15 and 16 of the Income Support (General) Regulations 1987.]

Textual Amendments

Marginal Citations

[F6 Requirement for certain lone parents entitled to income support to take part in an interviewE+W+S

2.—(1) Subject to this regulation and regulations 2ZA and 4 to 6, a lone parent who falls within paragraph 1 (lone parents) of Schedule 1B (prescribed categories of person) to the Income Support (General) Regulations 1987 and paragraph (2) or (3) is required to take part in an interview.

(2) A lone parent falls within this paragraph if the lone parent is entitled to income support and has not taken part or been required to take part in a relevant interview.

(3) A lone parent falls within this paragraph if the lone parent has—

(a)taken part;

(b)failed to take part; or

(c)been treated as having taken part,

in a relevant interview.

(4) Where a lone parent falls within paragraph (3) the requirement to take part in an interview arises every six months after the date on which the lone parent—

(a)last took part;

(b)last failed to take part; or

(c)was last treated as having taken part,

in a relevant interview.

(5) Where a determination has been made in relation to a lone parent under regulation 6(1) (waiver) the lone parent is to be treated for the purposes of paragraph (2) of this regulation as if he has not taken part or been required to take part in a relevant interview.]

Textual Amendments

[F7Requirement for certain lone parents to take part in an interviewE+W+S

2ZA.—(1) This regulation applies to a lone parent if—

(a)he is entitled to income support and is a person to whom paragraph 1 (lone parents) of Schedule 1B to the Income Support (General) Regulations 1987 applies; [F8and]

(b)no other paragraph of that Schedule applies to him; F9...

F9(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10(2) Subject to regulations 4 and 5, a lone parent to whom this regulation applies is required to take part in one or more interviews as a condition of continuing to be entitled to the full amount of benefit which is payable to him apart from these Regulations.]

(3) A lone parent who—

(a)is required to take part in [F11a relevant interview] under this regulation, or

(b) has had a requirement to take part in [F11 a relevant interview ] under this regulation F12 ... deferred,

is not required to take part in an interview under regulation 2 unless this regulation ceases to apply to him.]

Textual Amendments

[F13General requirement for lone parents entitled to income support to take part in an interviewE+W+S

2ZB.—(1) Subject to regulations 4 to 6, this regulation applies to a lone parent who does not fall within paragraph 1 (lone parents) of Schedule 1B (prescribed categories of person) to the Income Support (General) Regulations 1987 and is entitled to income support.

(2) A lone parent to whom this regulation applies is required to take part in an interview—

(a)where paragraph (3) applies to them; or

(b)where paragraph (4) and either paragraph (5) or (6) applies to them.

(3) This paragraph applies to a lone parent who has not taken part or been required to take part in a relevant interview.

(4) This paragraph applies to a lone parent who has taken part in a relevant interview or who would have taken part in such an interview but for—

(a)the requirement being deferred in accordance with regulation 5, or

(b)the requirement being waived in accordance with regulation 6.

(5) This paragraph applies to a lone parent when any of the following circumstances arise—

(a)the lone parent’s entitlement to carer’s allowance [F14, or carer support payment under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023,] ceases whilst entitlement to income support continues;

(b)the lone parent becomes engaged or ceases to be engaged in part-time work;

(c)the lone parent has been undergoing education or training arranged by an officer and that education or training comes to an end; or

(d)the lone parent attains the age of 18 and has not previously taken part in a relevant interview.

(6) This paragraph applies where a lone parent has not been required to take part in a relevant interview for at least 36 months.]

Textual Amendments

Requirement for specified lone parents to take part in an interviewE+W+S

F152A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F16Requirement for certain lone parents in certain areas to take part in an interviewE+W+S

F17 2B .  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The interviewE+W+S

2C.—[F18(1) An interview under these Regulations shall take place—

(a)where regulation 2ZA applies, on such date as may be determined by an officer;

(b)in any other case, as soon as is reasonably practicable after the date on which the requirement to take part in the interview arises.]

(2) An officer shall inform the lone parent of the place and time of the interview.

(3) An officer may determine that an interview is to take place in the lone parent’s home where it would, in the opinion of the officer, be unreasonable to expect that lone parent to attend elsewhere because that lone parent’s personal circumstances are such that attending elsewhere would—

(a)cause him undue inconvenience, or

(b)endanger his health.]

Textual Amendments

Taking part in an interviewE+W+S

3.—(1) An officer shall determine whether a lone parent has taken part in an interview.

[F19(2) Subject to regulations 5(2) and 6(2), for the purposes of these Regulations, a lone parent shall be regarded as having taken part in an interview if and only if—

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

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

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

(ii)his employment history;

(iii)any vocational training he has undertaken;

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

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

(vi)any medical condition which in the opinion of that person puts him at a disadvantage in obtaining employment; and

(vii)any caring or childcare responsibilities he has.

(viii)his aspirations for future employment;

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

(x)his work related abilities; 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.

(2A) Subject to regulations 5(2) and 6(2), a lone parent who has taken part in an interview under these Regulations before 31st October 2005 shall be regarded as having taken part in his first interview under these Regulations after 30th October 2005 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 lone parent’s employability, including any action the lone parent and the officer agree is reasonable and they are willing to take in order to help the lone parent enhance his employment prospects;

(c)he participates in discussions with the officer—

(i)in relation to the lone parent’s employability or any progress he might have made towards obtaining employment; and

(ii)in order to consider any of the programmes and support available to help the lone parent obtain employment;

(d)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 lone parent’s capabilities and employability; and

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

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

(2B) Subject to regulations 5(2) and 6(2), a lone parent shall be regarded as having taken part in any subsequent interview under these Regulations 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 lone parent’s employability or any progress he might have made towards obtaining employment;

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

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

(iv)in order to consider any of the programmes and support available to help the lone parent 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 lone parent’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 paragraphs (2)(d) or (2A)(e) 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.]

Textual Amendments

[F20Circumstances where requirement to take part in an interview does not applyE+W+S

4.—(1) [F21Regulations 2[F22, 2ZA] and 2ZB] shall not apply where the lone parent—

(a)has attained [F23pensionable age];

(b)has not attained the age of 18; or

(c)is—

(i)required to take part in an interview, or

(ii)not required to take part in an interview by virtue of—

(aa)a waiver of a requirement, or

(bb)a deferment of an interview,

under the Social Security (Work-focused Interviews) Regulations 2000, the Social Security (Jobcentre Plus Interviews) Regulations 2001, the Social Security (Jobcentre Plus Interviews) Regulations 2002, [F24or the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2003] F25....

[F26(1A) [F27Regulations 2 and 2ZA] shall not apply to a lone parent who is treated as responsible for, and a member of the same household as, a child who is under the age of one.]

F28( 2 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F29(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30( 4 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Deferment of requirment to take part in an interviewE+W+S

5.—(1) A requirement by virtue of these Regulations to take part in an interview shall not apply to a person until a date determined by an officer where he determines that an interview would not [F31until that time] be—

(a)of assistance to that person; or

(b)appropriate in the circumstances.

(2) Except for the purpose of [F32regulations [F332, 2ZA and 2ZB]], where an officer has made a decision under paragraph (1), the person to whom that decision relates shall be treated for the purposes of any claim for, or entitlement to, income support as having complied with the requirement to take part in an interview until an officer decides whether that person took part in the interview which had been deferred under paragraph (1).

Textual Amendments

WaiverE+W+S

6.—(1) A requirement imposed by [F34regulations 2(1) and 2ZB(2)] to take part in an interview shall not apply if an officer determines that an interview would not be—

(a)of assistance to the lone parent; or

(b)appropriate in the circumstances.

(2) A person in relation to whom a requirement to take part in an interview has been waived under paragraph (1) shall be treated for the purposes of—

(a)[F35regulations [F362F37... and 2ZB]]; and

(b)any claim for, or entitlement to, income support,

as having complied with that requirement.

Textual Amendments

Consequence of failure to take part in an interviewE+W+S

7.—(1) Subject to paragraphs [F38(2), (5) and (5A)] and regulations 5 and 6, [F39the consequence specified in paragraph (3) ensues] if a person does not—

(a)take part in any interview when required to do so; and

(b)show good cause for not taking part in an interview before the end of five working days following the [F40date on which the person was notified of his failure to take part in the interview].

[F41(1A) Where a notice under paragraph (1)(b) is sent by post it is taken to have been received on the second working day after it is sent.]

(2) In a case where within one month of the date on which the decision was notified to a lone parent that he failed without good cause to take part in an interview—

(a)he brings new facts to the notice of an officer which could not reasonably have been brought to an officer’s notice within five working days of the [F42date on which the person was notified of his failure to take part in the interview]; and

(b)those facts show that he had good cause for his failure to take part in the interview

paragraph (1)(b) shall apply with the modification that for the words “five working days following" there were substituted the words “ one month of ”.

[F43(3) The income support of a lone parent to whom paragraph (1) applies shall be reduced in accordance with regulation 8.]

F44(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) For the purposes of this regulation and regulation 8(1), matters to be taken into account in determining whether a person has shown good cause for his failure to take part in an interview include—

(a)that the lone parent misunderstood the requirement to take part in the interview due to any learning, language or literacy difficulties of the lone parent or any misleading information given to him by an officer;

(b)that the lone parent was attending a medical or dental appointment, or accompanying someone for whom he has caring responsibilities to such an appointment, and that it would be unreasonable, in the circumstances, to have rearranged that appointment;

(c)that the lone parent had difficulties with his normal mode of transport and that no reasonable alternative was available;

(d)that the established customs and practices of the religion to which that lone parent belongs prevented him attending at the time and place for the interview notified to him by an officer;

(e)that the lone parent was attending an interview with an employer with a view to obtaining employment;

(f)that the lone parent was pursuing employment opportunities as a self-employed earner;

(g)that a dependant of the lone parent or someone for whom the lone parent provides care suffered an accident, sudden illness or relapse of [F45a physical or mental health condition];

(h)that the lone parent was attending a funeral of a close friend or relative on the day fixed for the interview; and

(i)that a disability from which the lone parent suffers made it impracticable for him to attend at the time fixed for the interview.

[F46(5A) The amount of income support payable to a person is not to be reduced in accordance with paragraph (3) if that amount—

(a)is, at the time a decision falls to be made in respect of the current failure, being paid at a reduced rate in accordance with paragraph (3) and regulation 8, regulation 12(2)(c) of the Social Security (Jobcentre Plus Interviews) Regulations 2002 or regulation 8(1) and (2) of the Income Support (Work-Related Activity) and Miscellaneous Amendments Regulations 2014; and

(b)was last reduced not more than two weeks before the date of the current failure.

(5B) In paragraph (5A), “current failure” means a failure which may, in the case of a claimant who has an award of income support, lead to a reduction in income support under paragraph (3) and regulation 8 in relation to which the Secretary of State has not yet determined whether the amount of income support payable to the person is to be reduced in accordance with that paragraph and regulation.]

F47(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Reduction of income supportE+W+S

8.—(1) Subject to paragraphs (2) and (3), any payment of income support which falls to be made to a person after the date on which an officer decided under these Regulations that that person had not—

(a)taken part; and

(b)shown good cause for not taking part,

in an interview shall be reduced as from the first day of the next benefit week following the date the decision was made, by a sum equal to 20 per cent of the amount applicable (specified in Part I of Schedule 2 to the Income Support (General) Regulations 1987 M3) F48... in respect of a single claimant for income support aged not less than 25.

(2) Payment shall not be reduced under paragraph (1) below 10 pence per week.

(3) A reduction under this regulation shall cease to have effect as regards a person from whichever is the earlier of—

(a)the date on which that person attains [F49pensionable age];

(b)the date on which that person ceased to be a lone parent; F50...

(c)the first day of the benefit week in which that person [F51satisfies a compliance condition], [F52and;

(d)the first day of the benefit week in which regulation 4(1A) first applies to that person.]

[F53(4) In paragraph (3)(c), “compliance condition” means a requirement to—

(a)take part in an interview; or

(b)undertake work-related activity.]

F54(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Marginal Citations

M3S.I. 1987/1967; the relevant amending instrument is S.I. 2000/440.

AppealsE+W+S

9.—(1) This regulation applies to any relevant decision made under these Regulations or any decision under section 10 of the 1998 Act M4 (decisions superseding earlier decisions) superseding such a decision.

(2) This regulation applies—

(a)whether the decision is as originally made or as revised under section 9 of the 1998 Act (revision of decisions); and

(b)as if any decision made, superseded or revised otherwise than by the Secretary of State was a decision made, superseded or revised by him.

(3) In the case of a decision to which this regulation applies, the person in respect of whom the decision was made shall have a right of appeal under section 12 of the 1998 Act M5 [F55(appeal to First-tier Tribunal) to the First-tier Tribunal].

Textual Amendments

Marginal Citations

M4Section 10 was amended by paragraph 23 of Schedule 7 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) (“the Transfer Act").

M5Section 12 was amended by paragraph 25 of Schedule 7 to the Transfer Act.

Amendments to RegulationsE+W+S

10.  The Social Security (Claims and Payments) Regulations 1987F56 , F57... , the Social Security (Claims and Information) Regulations 1999 M6 and the Social Security (Work-focused Interviews) Regulations 2000 M7 shall be amended in accordance with Schedule 2.

Textual Amendments

F56S.I. 1987/1968; the relevant amending instrument is S.I. 2000/897.

Modifications etc. (not altering text)

Marginal Citations

Signed by authority of the Secretary of State for Social Security.

P. Hollis

Parliamentary Under-Secretary of State,

Department of Social Security

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