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The Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2008
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- UK Statutory Instruments
- 2008 No. 2928
- Regulation 5
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Requirement for a relevant claimant to take part in a work-focused interview
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5.—(1) Subject to the following provisions of this regulation, a relevant claimant may be required by the Secretary of State to take part in one or more work-focused interviews as a condition of continuing to be entitled to the full amount of the specified benefit which is payable to that claimant.
(2) The Secretary of State may determine that a requirement that a relevant claimant take part in a work-focused interview is not to apply, or is treated as not having applied, if that interview would not be, or would not have been, of assistance because the claimant is or was likely to be starting or returning to work.
(3) A relevant claimant in relation to whom a requirement to take part in a work-focused interview has been determined not to apply under paragraph (2) must be treated as having complied with that requirement in respect of that interview for the purposes of—
(a)paragraph (1); and
(b)entitlement to a specified benefit.
(4) A requirement to take part in a work-focused interview may be deferred or treated as having been deferred by the Secretary of State if at the time the work-focused interview is to take place, or was due to take place, such an interview would not at that time be or have been—
(a)of assistance to that relevant claimant; or
(b)appropriate in the circumstances.
(5) A deferral under paragraph (4) may be made at any time after the requirement to take part in the work-focused interview is imposed, including after the time that the work-focused interview was due to take place or took place.
(6) If a requirement to take part in a work-focused interview is deferred, or treated as having been deferred, then the time that the work-focused interview is to take place must be re-determined and notified to the relevant claimant.
(7) Any requirement to take part in a work-focused interview ceases to have effect if the relevant claimant ceases to satisfy the conditions in regulation 3.
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