Social Security (Jobcentre Plus Interviews) Regulations 2002
| Year | 2002 |
2002 No. 1703
SOCIAL SECURITY
The Social Security (Jobcentre Plus Interviews) Regulations 2002
Made 3rd July 2002
Laid before Parliament 8th July 2002
Coming into force 30th September 2002
The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 2A(1), (3) to (6) and (8), 2B(6) and (7), 5(1)(a) and (b), 6(1)(a) and (b), 7A, 189(1), (4) and (5) and 191 of the Social Security Administration Act 19921and section 68 of, and paragraphs 3(1), 4(4), 6(8), 20(3) and 23(1) of Schedule 7 to, the Child Support, Pensions and Social Security Act 20002, and of all other powers enabling him in that behalf, after consultation with the Council on Tribunals in accordance with section 8(1) of the Tribunals and Inquiries Act 19923and in respect of provisions in these Regulations relating to housing benefit and council tax benefit with organisations appearing to him to be representative of the authorities concerned4, and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it5, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Social Security (Jobcentre Plus Interviews) Regulations 2002 and shall come into force on 30th September 2002.
Interpretation and application
2.—(1) In these Regulations, unless the context otherwise requires—
“the 1998 Act” means the Social Security Act 19986;
“benefit week” means any period of seven days corresponding to the week in respect of which the relevant specified benefit is due to be paid;
“bereavement benefit” means any benefit, other than a bereavement payment, falling within section 20(1)(ea) of the Social Security Contributions and Benefits Act 19927;
“the Careers Service” means—
(a) in England and Wales, a person with whom the Secretary of State or, as the case may be, the National Assembly for Wales, have made arrangements under section 10(1) of the Employment and Training Act 1973 or a local education authority to whom a direction has been given by the Secretary of State or the National Assembly for Wales under section 10(2) of that Act;
(b) in Scotland, a person with whom the Scottish Ministers have made arrangements under section 10(1) of the Employment and Training Act 1973 or any education authority to whom a direction has been given by the Scottish Ministers under section 10(2) of that Act;
“the Connexions Service” means a person of any description with whom the Secretary of State has made an arrangement under section 114(2)(a) of the Learning and Skills Act 20008and section 10(1) of the Employment and Training Act 1973 and any person to whom he has given a direction under section 114(2)(b) of the Learning and Skills Act 2000 and section 10(2) of the Employment and Training Act 1973;
“interview” means a work-focused interview with a person who has claimed a specified benefit and which is 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;
“officer” means a person who is an officer of, or who is providing services to or exercising functions of, the Secretary of State;
“specified benefit” means income support, incapacity benefit, invalid care allowance, severe disablement allowance and any bereavement benefit.
(2) For the purposes of these Regulations—
(a)
(a) a person shall be deemed to be in remunerative work where he is in remunerative work within the meaning prescribed in regulation 4 of the Housing Benefit (General) Regulations 19879; but
(b)
(b) a person shall be deemed not to be in remunerative work where—
(i) he is not in remunerative work in accordance with sub-paragraph (a) above; or
(ii) he is in remunerative work in accordance with sub-paragraph (a) above and is not entitled to income support but would not be prevented from being entitled to income support solely by being in such work; and
(c)
(c) a person shall be deemed to be engaged in part-time work where he is engaged in work for which payment is made but he is not engaged or deemed to be engaged in remunerative work.
(3) Except in a case where regulation 16(2) applies, regulations 3 to 15 apply in respect of a person who makes a claim for a specified benefit on or after 30th September 2002 at an office of the Department for Work and Pensions which is designated by the Secretary of State as a Jobcentre Plus Office10or at an office of a relevant authority (being a person within section 72(2) of the Welfare Reform and Pensions Act 199911) which displays the ONE logo12.
(4) Where a claim for benefit is made by a person (“the appointee”) on behalf of another, references in these Regulations to a person claiming benefit shall be treated as a reference to the person on whose behalf the claim is made and not to the appointee.
(5) In these Regulations, unless the context otherwise requires, a reference—
(a)
(a) to a numbered regulation is to a regulation in these Regulations bearing that number;
(b)
(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)
(c) to a numbered Schedule is to the Schedule to these Regulations bearing that number.
Requirement for person claiming a specified benefit to take part in an interview
3.—(1) Subject to regulations 6 to 9, a person who—
(a)
(a) makes a claim for a specified benefit;
(b)
(b) on the day on which he makes that claim, has attained the age of 16 but has not attained the age of 60; and
(c)
(c) is not in remunerative work,
is required to take part in an interview.
(2) An officer shall, except where paragraph (3) applies, conduct the interview.
(3) An officer may, if he considers it appropriate in all the circumstances, arrange for a person who has not attained the age of 18 to attend an interview with the Careers Service or with the Connexions Service.
Continuing entitlement to specified benefit dependent on an interview
4.—(1) Subject to regulations 6 to 9, a person who has not attained the age of 60 and who is entitled to a specified benefit, shall be required to take part in an interview as a condition of his continuing to be entitled to the full amount of benefit which is payable apart from these Regulations where paragraph (2) applies and—
(a)
(a) in the case of a lone parent who has attained the age of 18 and who is neither claiming incapacity benefit nor severe disablement allowance, paragraph (3) applies; or
(b)
(b) in any other case, any of the circumstances specified in paragraph (4) apply or where paragraph (5) applies.
(2) This paragraph applies in the case of a person who has taken part in an interview under regulation 3 or who would have taken part in such an interview but for the requirement being waived in accordance with regulation 6 or deferred in accordance with regulation 7.
(3) A lone parent to whom paragraph (1)(a) applies shall be required to take part in an interview—
(a)
(a) after the expiry of six months from the date on which—
(i) he took part in an interview under regulation 3; or
(ii) a determination was made under regulation 6(1);
(b)
(b) where the lone parent took part, failed to take part or was treated, by virtue of regulation 6(2), as having taken part, in an interview pursuant to the requirement arising in sub-paragraph (a), after the expiry of six months from the date on which—
(i) he took part in that interview;
(ii) he failed to take part in that interview; or
(iii) the determination was made under regulation 6(1); and
(c)
(c) where the lone parent took part, failed to take part or was treated, by virtue of regulation 6(2), as having taken part, in an interview pursuant to the requirement arising in sub-paragraph (b), after the expiry of twelve months from the date on which—
(i) he last took part in an interview;
(ii) he last failed to take part in an interview; or
(iii) a determination was last made under regulation 6(1).
(4) The circumstances specified in this paragraph are those where—
(a)
(a) it is determined in accordance with a personal capability assessment that a person is incapable of work and therefore, continues to be entitled to a specified benefit;
(b)
(b) a person’s entitlement to an invalid care allowance ceases whilst entitlement to another specified benefit continues;
(c)
(c) a person becomes engaged or ceases to be engaged in part-time work;
(d)
(d) a person has been undergoing education or training arranged by the officer and that education or training comes to an end; and
(e)
(e) a person who has not attained the age of 18 and who has previously taken part in an interview, attains the age of 18.
(5) A requirement to take part in an interview arises under this paragraph where a person has not been required to take part in an interview by virtue of paragraph (4) for at least 36 months.
(6) In this regulation, “lone parent” has the meaning it bears in regulation 2(1) of the Income Support (General) Regulations 198713.
Time when interview is to take place
5. An officer shall arrange for an interview to take place as soon as reasonably practicable after—
(a) the claim is made;
(b) the requirement under regulation 4(1) arises; or,
(c) in a case where regulation...
To continue reading
Request your trial