Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000
| Year | 2000 |
2000 No. 1926
SOCIAL SECURITY
The Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000
Made 18th July 2000
Laid before Parliament 21th July 2000
Coming into force in accordance with regulation 1
The Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 123(1)(d) and (e) and 137(1) of the Social Security Contributions and Benefits Act 19921and sections 2A(1), (3)(b) to (f), (4), (5)(a) and (b), (6), (7) and (8), 2B(2), (6) and (7), 2C, 189(4) to (7A) and 191 of the Social Security Administration Act 19922and 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 concerned4and 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, commencement and interpretation
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)
(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)
(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)
(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)
(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)
(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
(f)
(f) subject to the preceding sub-paragraphs, come into force on 7th April 2003.
(4) 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 income support is due to be paid;
“lone parent” has the meaning it bears in regulation 2(1) of the Income Support (General) Regulations 19877;
“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.
(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 lone parents claiming or entitled to income support to take part in an interview
2.—(1) Subject to paragraph (2) and regulations 4 to 6, a lone parent who—
(a)
(a) makes a claim for income support in respect of himself is required to take part in an interview; or
(b)
(b) is entitled to income support and—
(i) has not—
(aa) previously taken part; or
(bb) failed to take part in an interview,
is required to take part in an interview; or
(ii) has previously taken part or failed to take part in an interview is required to take part in an interview after the expiry of one year from the date on which—
(aa) he last took part in an interview;
(bb) a determination was last made under regulation 6(2) that he is to be treated as having taken part in that interview; or, as the case may be,
(cc) he last failed to take part in an interview,
whichever is latest.
(2) Subject to paragraph (3), an officer shall inform the lone parent of the place and time of the interview and the time of the interview shall in a case to which paragraph (1)(a) or (b)(ii) applies be as soon as is reasonably practicable after the date on which the requirement to take part in an interview arises.
(3) An officer may determine that an interview is to take place in the home of a lone parent where it would in the opinion of the officer be unreasonable to expect that person to attend elsewhere because that person’s personal circumstances are such that attending elsewhere would cause him undue inconvenience or endanger his health.
Taking part in an interview
3.—(1) An officer shall determine whether a lone parent has taken part in an interview.
(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)
(a) he attends for the interview at the place and time notified to him by an officer; and
(b)
(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.
Circumstances where requirement to take part in an interview does not apply
4. Regulation 2 shall not apply where the lone parent—
(a) is responsible for and living in the same household as a child who has not attained the age of 5 years and 3 months;
(b) has attained the age of 60;
(c) has not attained the age of 18; or
(d) 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 20008.
Deferment of requirment to take part in an interview
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 at that time be—
(a)
(a) of assistance to that person; or
(b)
(b) appropriate in the circumstances.
(2) Except for the purpose of regulation 2, 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).
Waiver
6.—(1) A requirement imposed by these Regulations to take part in an interview shall not apply if an officer determines that an interview would not be—
(a)
(a) of assistance to the lone parent; or
(b)
(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)
(a) regulation 2; and
(b)
(b) any claim for, or entitlement to, income support,
as having complied with that requirement.
Consequence of failure to take part in an interview
7.—(1) Subject to paragraphs (2) and (5) and regulations 5 and 6, the consequences specified in paragraphs (3) and (4) ensue if a person does not—
(a)
(a) take part in any interview when required to do so; and
(b)
(b) show good cause for not taking part in an interview before the end of five working days following the day on which the interview was to take place.
(2) In a case where within one month of the date...
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