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The Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2008

Type Statutory-Instrument

Publication 2008-11-10

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 10th November 2008

Laid before Parliament: 14th November 2008

Coming into force: 15th December 2008

The Secretary of State for Work and Pensions makes the following Regulations, in exercise of the powers conferred upon him by sections 2A(1), (3) to (6) and (8), 2B(2), (6) and (7), 189(4) to (6) and (7A) and 191 of the Social Security Administration Act 1992 .

The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to it .

Citation and commencement

1

These Regulations may be cited as the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2008 and come into force on 15th December 2008.

Interpretation

2

(1) In these Regulations—

“the 1998 Act” means the Social Security Act 1998 ;

“the 2000 Regulations” means the Social Security (Work-focused Interviews) Regulations 2000 ;

“the 2001 Regulations” means the Social Security (Jobcentre Plus Interviews) Regulations 2001 ;

“the 2002 Regulations” means the Social Security (Jobcentre Plus Interviews) Regulations 2002 ;

“the 2003 Regulations” means the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2003 ;

“action plan” has the meaning given by regulation 7;

“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;

“lone parent” has the meaning it bears in section 24(3A) of the Welfare Reform Act 2007;

“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;

“relevant claimant” has the meaning given by regulation 3;

“relevant decision” has the meaning given by section 2B(2) of the Social Security Administration Act 1992 (supplementary provisions relating to work-focused interviews);

“specified benefit” means—incapacity benefit;income support, if any of the following paragraphs of Schedule 1B (prescribed categories of person) to the Income Support (General) Regulations 1987 applies—paragraph 7 (persons treated as capable of work and persons entitled to statutory sick pay);paragraph 24 or 25 (persons appealing against a decision which embodies a determination that they are not incapable of work);severe disablement allowance;

“work-focused interview” means an interview conducted under regulation 6 for the purposes described in regulation 4.

(2) Any notification under these Regulations that is sent by post is to be taken to have been received on the second working day after posting.

(3) For the purposes of section 2A(2A) of the Social Security Administration Act 1992, and regulation 3(6), 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 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 if references in those regulations to income support were to a specified benefit.

Relevant claimant

3

(1) A relevant claimant is a person who satisfies all of the following conditions.

(2) The first condition is that the person is entitled to a specified benefit.

(3) The second condition is that at least one of the following sub-paragraphs applies to the person—

(a) immediately before 15th December 2008 the person was a “relevant person” within the meaning of—

(i) the 2000 Regulations or the 2001 Regulations, as saved by regulation 16(2) of the 2002 Regulations, or

(ii) the 2003 Regulations;

(b) the person—

(i) is under 25 years of age,

(ii) is ordinarily resident in a Jobcentre Plus Pathways area identified in the Schedule, and

(iii) has been in receipt of a specified benefit for a continuous period of at least 12 months;

(c) at any time before 26th October 2009, the person has been required to take part in an interview under the 2002 Regulations by virtue of having made a claim for, or being entitled to, a specified benefit;

(d) the person makes a claim for a specified benefit in respect of a period beginning after 26th October 2008 and that claim is of a description referred to in regulation 2(2) of the Employment and Support Allowance (Transitional Provisions) Regulations 2008.

(4) The third condition is that the person has not attained pensionable age.

(5) The fourth condition is that, on the day on which the requirement to take part in a work-focused interview would have arisen, the person is not treated as incapable of work in accordance with regulation 10 of the Social Security (Incapacity for Work) (General) Regulations 1995 (certain persons with a severe condition to be treated as incapable of work).

(6) The fifth condition is that the person is not a lone parent who is responsible for, and a member of the same household as, a child under the age of one.

Purposes of a work-focused interview

4

A work-focused interview is an interview with a relevant claimant that is conducted for any or all of the following purposes—

(a) assessing the relevant claimant's prospects of remaining in or obtaining work;

(b) assisting or encouraging the relevant claimant to remain in or obtain work;

(c) identifying activities that the relevant claimant may undertake that will make remaining in or obtaining work more likely;

(d) identifying training, educational or rehabilitation opportunities for the relevant claimant which may make it more likely that the relevant claimant will remain in or obtain work or be able to do so;

(e) identifying current or future work opportunities, including self-employment opportunities, for the relevant claimant, which are relevant to that person's needs and abilities.

Requirement for a relevant claimant to take part in a work-focused interview

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.

The work-focused interview

6

(1) The Secretary of State must notify, in writing or otherwise, a relevant claimant who is required to take part in a work-focused interview of the date, time and place of that interview.

(2) A work-focused interview may take place at a relevant claimant's home if the Secretary of State determines that requiring the relevant claimant to attend elsewhere would cause undue inconvenience to, or endanger the health of, the relevant claimant.

(3) A relevant claimant is to be regarded as having taken part in a work-focused interview if the claimant—

(a) attends for the work-focused interview at the place and on the date and time notified under paragraph (1);

(b) provides information, if requested by the Secretary of State, about any or all of the matters set out in paragraph (4);

(c) participates in discussions to the extent the Secretary of State considers necessary, about any or all of the matters set out in paragraph (5);

(d) assists the Secretary of State in the completion of an action plan in accordance with regulation 7.

(4) The matters referred to in paragraph (3)(b) are—

(a) the relevant claimant's educational qualifications and vocational training;

(b) the relevant claimant's work history;

(d) the relevant claimant's skills that are relevant to work;

(e) the relevant claimant's work-related abilities;

(f) the relevant claimant's caring or childcare responsibilities;

(g) any paid or unpaid work that the relevant claimant is undertaking.

(5) The matters referred to in paragraph (3)(c) are—

(a) any activity the relevant claimant is willing to undertake which may make obtaining or remaining in work more likely;

(b) any such activity that the relevant claimant may have previously undertaken;

(d) the relevant claimant's opinion as to the extent to which the ability to remain in or obtain work is restricted by the relevant claimant's physical or mental condition.

Action plan

7

(1) An action plan is a written document completed by the Secretary of State, which contains a record of the discussions a relevant claimant has participated in with the Secretary of State in relation to the relevant claimant's employability, including any action the relevant claimant and the Secretary of State agree is reasonable and the relevant claimant is willing to take in order to help that relevant claimant enhance his or her employment prospects.

(2) The Secretary of State must provide the relevant claimant with a copy of the action plan completed under paragraph (1) at the end of the work-focused interview.

Failure to take part in a work-focused interview

8

(1) A relevant claimant who is required to take part in a work-focused interview but fails to do so must show good cause for that failure within five working days of the date on which the Secretary of State gives notification of that failure.

(2) In determining whether a relevant claimant has shown good cause for a failure to take part in a work-focused interview, the matters to be taken into account include—

(a) that the relevant claimant misunderstood the requirement to take part in the work-focused interview due to any learning, language or literacy difficulties of the relevant claimant or any misleading information given to the relevant claimant by the Secretary of State;

(b) that the relevant claimant had transport difficulties and that no reasonable alternative was available;

(c) that the relevant claimant was attending an interview with an employer with a view to remaining in or obtaining employment;

(d) that the relevant claimant was pursuing employment opportunities as a self-employed earner;

(e) that the relevant claimant was attending a medical or dental appointment and that it would have been unreasonable in the circumstances to re-arrange the appointment;

(f) that the relevant claimant was accompanying another person for whom the claimant has caring responsibilities to a medical or dental appointment and that it would have been unreasonable for that other person to re-arrange the appointment;

(g) that the relevant claimant, a dependant or another person for whom the relevant claimant provides care suffered an accident, sudden illness or relapse of a physical or mental health condition;

(h) that the relevant claimant was attending the funeral of a relative or close friend on the day fixed for the work-focused interview;

(i) that the physical or mental condition of the relevant claimant made it impracticable to attend at the time and place fixed for the interview;

(j) that the established customs and practices of the religion to which the relevant claimant belongs prevented attendance on the day or at the time fixed for the work-focused interview;

(k) any other matter that the Secretary of State considers appropriate.

(3) If the Secretary of State determines that a relevant claimant has failed to take part in a work-focused interview and the claimant has not shown good cause in accordance with regulation 8(1), the Secretary of State shall make a relevant decision for the purposes of section 2B of the Social Security Administration Act 1992.

Consequences of failure to take part in a work-focused interview

9

(1) A relevant claimant in respect of whom a relevant decision has been made in accordance with regulation 8(3) shall, in accordance with this regulation, have his or her benefit reduced—

(a) by an amount equivalent to 50% of the “work-related activity component” in each of the first four benefit weeks to which, by virtue of section 10(5) of the 1998 Act or regulations made under section 10(6) of that Act, the reduction applies;

(b) by an amount equivalent to 100% of that component for each subsequent benefit week.

(2) If two or more specified benefits are in payment to a relevant claimant, a reduction made in accordance with paragraph (1) shall be applied, subject to paragraphs (3) to (5), to the specified benefits in the following order of priority—

(a) income support;

(b) incapacity benefit;

(3) If the amount of the reduction is greater than some, but not all, of the specified benefits listed in paragraph (2), the reduction shall be made against the first benefit in that list that is the same as, or greater than, the amount of the reduction.

(4) For the purpose of determining whether a specified benefit is the same as, or greater than, the amount of the reduction for the purposes of paragraph (3), ten pence shall be added to the amount of the reduction.

(5) In a case where the whole of the reduction cannot be applied against any one specified benefit because the amount of no one benefit is the same as, or greater than, the amount of the reduction, the reduction shall be applied against the first benefit in payment in the list of priorities in paragraph (2) and so on against each benefit in turn until the whole of the reduction is exhausted or, if this is not possible, the whole of the specified benefits are exhausted.

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

(7) Paragraph (1) applies to a relevant claimant each time a relevant decision is made in accordance with regulation 8(3) in respect of that person.

(8) In the case of a relevant claimant whose benefit has been reduced in accordance with paragraph (1) and who subsequently takes part in a work-focused interview, the whole of the reduction shall cease to have effect on the first day of the benefit week in which the requirement to take part in a work-focused interview was met.

(9) In the case of a relevant claimant whose benefit has been reduced in accordance with paragraph (1) and who subsequently fails to meet the conditions specified in regulation 3(4) or (5), the whole of the reduction shall cease to have effect on the first day of the benefit week in which those conditions are no longer satisfied.

(10) For the purposes of determining the amount of any benefit payable, a relevant claimant shall be treated as receiving the amount of any specified benefit which would have been payable but for a reduction made in accordance with paragraph (1).

(11) Despite regulation 8(3), the consequences specified in paragraph (1) do not apply to a person who—

(a) brings new facts to the notice of the Secretary of State within one month of the date on which the initial determination was notified to that person and—

(i) those facts could not reasonably have been brought to the Secretary of State's notice within five working days of the date on which the notification of the initial determination was received; and

(ii) those facts show that there is good cause for the person's failure to take part in the work-focused interview;

(b) is no longer required to take part in a work-focused interview as a condition of continuing to be entitled to the full amount of the specified benefit that is payable to that person apart from these Regulations; or

(12) Despite anything to the contrary in this regulation, no benefit is to be reduced in any benefit week—

(a) to below ten pence;

(b) in relation to more than one relevant decision relating to a particular work-focused interview;

(13) For the purposes of this regulation, “work-related activity component” is the amount specified in Part 4 of Schedule 4 to the Employment and Support Allowance Regulations 2008 .

Appeals

10

(1) This regulation applies to any relevant decision under regulation 8(3) or any decision made under section 10 of the 1998 Act (decisions superseding earlier decisions) superseding such a relevant decision.

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