Statutory Instruments
2004 No. 959
SOCIAL SECURITY
The Social Security (Working Neighbourhoods) Regulations 2004
Made
29th March 2004
Laid before Parliament
5th April 2004
Coming into force
26th April 2004
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), 2AA(1) and (4) to (7), 2B(6), 189(1), (4), (5) and (7A) and 191 of the Social Security Administration Act 1992 , sections 60(1) to (4) and (9) and 83(4) and (6) of the Welfare Reform and Pensions Act 1999 and section 19(10) of the Jobseekers Act 1995 , 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 1992 , and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations need not be referred to it , hereby makes the following Regulations:
Citation and commencement
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation and application
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Requirement for a relevant person claiming certain benefits to take part in an interview
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Continuing entitlement to payment of full amount of a specified benefit dependent upon an interview
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Time when interview is to take place
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Waiver of requirement to take part in an interview
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Deferment of requirement to take part in an interview
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exemptions
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Claims for two or more specified benefits
9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The interview
10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Taking part in an interview
11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Failure to take part in an interview
12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Circumstances where regulation 12 ceases to apply
13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Good cause
14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appeals
15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Areas designated as employment zones
16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referral to an employment zone programme
17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Early entry to an employment zone programme
18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Stages of employment zone programme
19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Suspension of the requirements of the Jobseekers Act 1995
20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cessation and consequential provision
21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Social Security (Claims and Payments) Regulations 1987
22. —(1)The Social Security (Claims and Payments) Regulations 1987 shall be amended in accordance with this regulation.
(2) In paragraph (5) of regulation 6A (claims by persons subject to work-focused interviews) for the words “a person is required to take part in under the Social Security (Jobcentre Plus Interviews) Regulations 2002” there shall be substituted “ is conducted for such purposes connected with employment or training as are specified in regulations made under section 2A of the Social Security Administration Act 1992 ” .
Amendment of the Jobseeker’s Allowance Regulations 1996
23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
24. —(1)The Social Security and Child Support (Decisions and Appeals) Regulations 1999 shall be amended in accordance with this regulation.
(2) In paragraph (3) of regulation 1 (citation, commencement and interpretation) for the definition of “work-focused interview” there shall be substituted the following definition—
“ “ work-focused interview ” means an interview in which a person is required to take part in accordance with regulations made under section 2A or 2AA of the Administration Act; ” .
(3) In paragraph (2)(h)(ii) of regulation 6 (supersession of decisions) for the words “under the Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003, ceased to be a partner for the purposes of those Regulations or is no longer a partner to whom those Regulations apply” there shall be substituted the words “ in accordance with regulations made under section 2AA of the Administration Act, ceased to be a partner for the purposes of those regulations or is no longer a partner to whom the requirement to take part in a work-focused interview under those regulations applies ” .
(4) In paragraph (25)(b) of regulation 7 (date from which a decision superseded under section 10 takes effect) —
(a) for the words “under the Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003” there shall be substituted the words “ in accordance with regulations made under section 2AA of the Administration Act ” ;
(b) at head (i) for the words “(as defined in regulation 2(1) of those Regulations)” there shall be substituted the words “ (meaning the person who has been awarded a benefit within section 2AA(2) of the Administration Act at a higher rate referable to that partner) ” .
Amendment of the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000
25. —(1)The Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000 shall be amended in accordance with this regulation.
(2) In regulation 2 (requirement for lone parents claiming or entitled to income support to take part in an interview)—
(a) in paragraph (1)(b) before the words “is entitled to income support and” there shall be inserted the words “ except where sub-paragraph (c) applies, ” ;
(b) in paragraph (1) there shall be added the following sub-paragraph—
“ (c) is entitled to income support, and has been subject to at least one requirement to take part in an interview under the Social Security (Working Neighbourhoods) Regulations 2004 in relation to that claim, is required to take part in an interview—
(i) after the expiry of six months, and
(ii) after the expiry of one year, and
(iii) at intervals of one year thereafter,
from the date on which he took part in, or was treated as having taken part in, an interview as a condition of the claim for income support, except that a requirement to take part in an interview shall not arise by virtue of heads (i), (ii) or (iii) if the period specified in those provisions has already expired when the lone parent becomes subject to these Regulations. ” ;
(c) in paragraph (2) there shall be substituted for the words “or (b)(ii)” the words “ ,(b)(ii) or (c) ” .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In paragraph (3)(b) of regulation 7 (consequence of failure to take part in an interview) after the words “regulation 2(1)(b)” there shall be inserted the words “ or (c) ” .
Amendment of the Social Security (Jobcentre Plus Interviews) Regulations 2002
26. —(1)The Social Security (Jobcentre Plus Interviews) Regulations 2002 shall be amended in accordance with this regulation.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In regulation 4 (continuing entitlement to specified benefit dependent on an interview)—
(a) in paragraph (1)(a) for the words “paragraph (3)” there shall be substituted the words “ either paragraph (3) or (3A) ” ;
(b) in paragraph (2) for the words “but for the requirement being waived in accordance with regulation 6 or deferred in accordance with regulation 7” there shall be substituted the words—
“ but for the requirement—
(i) being waived in accordance with regulation 6;
(ii) being deferred in accordance with regulation 7; or
(iii) not arising because the person was at the time of the claim for the specified benefit subject to provisions within the Social Security (Working Neighbourhoods) Regulations 2004 by virtue of regulation 2(3) of those Regulations. ” ;
(c) at the beginning of paragraph (3) there shall be inserted the words “ Except where paragraph (3A) applies, ” ;
(d) there shall be inserted as paragraph (3A) the following paragraph—
“ (3A) Where a lone parent to whom paragraph (1)(a) applies was not required to take part in an interview under regulation 3 or under this regulation because at the time that the requirement would have arisen he was subject to provisions within the Social Security (Working Neighbourhoods) Regulations 2004 by virtue of regulation 2(3) of those Regulations, the lone parent shall be required to take part in an interview—
(a) after the expiry of six months, and
(b) after the expiry of one year, and
(c) at intervals of one year thereafter,
from the date on which he took part in, or was treated as having taken part in, an interview as a condition of his claim for income support, except that a requirement to take part in an interview shall not arise by virtue of sub-paragraphs (a), (b) or (c) if the period specified in those provisions has already expired when the lone parent becomes subject to these Regulations. ” .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003
27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signed by authority of the Secretary of State for Work and Pensions.
Des Browne
Minister of State,
Department for Work and Pensions
29th March 2004
Regulation 2
SCHEDULE
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .