The Social Security (Work-focused Interviews for Lone Parents and Partners) (Amendment) Regulations 2011
| Jurisdiction | UK Non-devolved |
| Citation | SI 2011/2428 |
| Year | 2011 |
2011 No. 2428
Social Security
The Social Security (Work-focused Interviews for Lone Parents and Partners) (Amendment) Regulations 2011
Made 6th October 2011
Laid before Parliament 10th October 2011
Coming into force 31th October 2011
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 2A(1), (2B), (3)(b) and (e), (5), (6) and (8), 2AA(1), (6) and (7), 189(1), (4)(a), (5) and (6) and 191 of the Social Security Administration Act 19921, and sections 12(1), 13(1), 24(1) and (3B) and 25(2), (3) and (5) of the Welfare Reform Act 20072.
In accordance with section 173(1)(b) of the Social Security Administration Act 1992 the Secretary of State has obtained the agreement of the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to them.
Citation and commencement
1. These Regulations may be cited as the Social Security (Work-focused Interviews for Lone Parents and Partners) (Amendment) Regulations 2011 and shall come into force on 31st October 2011.
Amendment of the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000
2.—(1) The Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 20003are amended as follows.
(2) In regulation 1 (citation, commencement and interpretation)4—
(a)
(a) in paragraph (4), after the definition of “pensionable age”5, insert—
““relevant interview” means an interview under these Regulations in relation to the lone parent’s current award of income support.”; and
(b)
(b) after paragraph (5), insert—
“6 For the purposes of section 2A(2A)(b) of the Social Security Administration Act 19926and 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 19877.”.
(3) For regulation 2 (general requirement for lone parents claiming or entitled to income support to take part in an interview)8substitute—
“Requirement for certain lone parents entitled to income support to take part in an interview
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 19879and 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)
(a) taken part;
(b)
(b) failed to take part; or
(c)
(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)
(a) last took part;
(b)
(b) last failed to take part; or
(c)
(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.”.
(4) In regulation 2ZA (requirement for certain lone parents to take part in an interview)10—
(a)
(a) in paragraph (2), for the second use of “an interview” substitute “a relevant interview”;
(b)
(b) in paragraph (3), for the first and second use of “an interview” substitute “a relevant interview”.
(5) After regulation 2ZA—
(a)
(a) omit regulation 2A (requirement for specified lone parents to take part in an interview)11; and
(b)
(b) insert—
“General requirement for lone parents entitled to income support to take part in an interview
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)
(a) where paragraph (3) applies to them; or
(b)
(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)
(a) the requirement being deferred in accordance with regulation 5, or
(b)
(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)
(a) the lone parent’s entitlement to carer’s allowance ceases whilst entitlement to income support continues;
(b)
(b) the lone parent becomes engaged or ceases to be engaged in part-time work;
(c)
(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)
(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.”.
(6) In regulation 4 (circumstances where requirement to take part in an interview does not apply)12—
(a)
(a) in paragraph (1), for “Regulation 2”, substitute “Regulations 2 and 2ZB”;
(b)
(b) after paragraph (1), insert—
“1A Regulation 2 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.”; and
(c)
(c) in paragraph (3), for “2A” substitute “2ZB”.
(7) In regulations 5(2) (deferment of requirement to take part in an interview) and 6(2)(a) (waiver) for “2, 2ZA and 2A”, substitute “2, 2ZA and 2ZB”.
(8) In regulation 7 (consequence of failure to take part in an interview)13—
(a)
(a) in paragraph (1), for “the consequences specified in paragraphs (3) and (4) ensue” substitute “the consequence specified in paragraph (3) ensues”;
(b)
(b) for paragraph (3), substitute—
“3 The income support of a lone parent to whom paragraph (1) applies shall be reduced in accordance with regulation 8.”; and
(c)
(c) omit paragraphs (4) and (6).
(9) In regulation 8 (reduction of income support)14, in paragraph (3)—
(a)
(a) at the end of subparagraph (b), omit “and”; and
(b)
(b) at the end of subparagraph (c) insert both “and;”, and —
“(d)
“(d) the first day of the benefit week in which regulation 4(1A) first applies to that person.”.
Amendment of the Social Security (Jobcentre Plus Interviews) Regulations 2002
3.—(1) The Social Security (Jobcentre Plus Interviews) Regulations 200215are amended as follows.
(2) In regulation 2 (interpretation and application)16—
(a)
(a) in paragraph (1), after the definition of “relevant benefit”, insert—
““relevant interview” means an interview under these Regulations in relation to the claimant’s current award of a specified benefit;”; and
(b)
(b) after paragraph (2), insert—
“2A For the purposes of section 2A(2A)(b) of the Social Security Administration Act 199217and 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 would be 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 198718, if references in those Regulations to income support were to a specified benefit.”.
(3) In regulation 3 (requirement for a person claiming a specified benefit to take part in an interview)19—
(a)
(a) at the end of paragraph (1)(b), omit “and”; and
(b)
(b) at the end of paragraph (1)(c) insert—
“; and
(d)
(d) is not a lone parent who—
(i) makes a claim for or is entitled to income support; and
(ii) falls within paragraph 1 (lone parents) of Schedule 1B (prescribed categories of person) to the Income Support (General) Regulations 1987.”.
(4) For regulation 4 (continuing entitlement to specified benefit dependent on an interview)20, substitute—
“Continuing entitlement to full amount of specified benefit dependent on an interview
4.—(1) This paragraph applies to a person who—
(a)
(a) is not a lone parent who is entitled to income support who falls within paragraph 1 (lone parents) of Schedule 1B (prescribed categories of person) to the Income Support (General) Regulations 1987;
(b)
(b) has not attained pensionable age; and
(c)
(c) is entitled to a specified benefit.
(2) Subject to regulations 6 to 9, a person to whom paragraph (1) applies is required to take part in an interview as a condition of continuing to be entitled to the full amount of benefit which is payable apart from these Regulations where paragraph (3) and either paragraph (4) or (5) apply.
(3) This paragraph applies to a person who has taken part in a relevant interview or who would have taken part in such an interview but for—
(a)
(a) the requirement being waived in accordance with regulation 6; or
(b)
(b) the requirement being deferred in accordance with regulation 7.
(4) This paragraph applies to a person when any of the following circumstances arise—
(a)
(a) the person’s entitlement to carer’s allowance ceases whilst...
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