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

^M1^,^M2^,^M3^,^M4^,^M5 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

^F1 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation and application

^F1 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement for a relevant person claiming certain benefits to take part in an interview

^F1 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Continuing entitlement to payment of full amount of a specified benefit dependent upon an interview

^F1 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Time when interview is to take place

^F1 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Waiver of requirement to take part in an interview

^F1 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Deferment of requirement to take part in an interview

^F1 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exemptions

^F1 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Claims for two or more specified benefits

^F1 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The interview

^F1 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Taking part in an interview

^F1 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Failure to take part in an interview

^F1 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Circumstances where regulation 12 ceases to apply

^F1 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Good cause

^F1 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals

^F1 15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Areas designated as employment zones

^F1 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Referral to an employment zone programme

^F1 17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Early entry to an employment zone programme

^F1 18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Stages of employment zone programme

^F1 19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspension of the requirements of the Jobseekers Act 1995

^F1 20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cessation and consequential provision

^F1 21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Social Security (Claims and Payments) Regulations 1987

^M6 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 ^M7 “ 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

^F2 23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999

^M8 24. —(1) The Social Security and Child Support (Decisions and Appeals) Regulations 1999 shall be amended in accordance with this regulation.

^M9 (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; ” .

^M10 (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 ” .

^M11 (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 ^M12 “ 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

^M13 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. ” ;

^F3 (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

^M14 26. —(1) The Social Security (Jobcentre Plus Interviews) Regulations 2002 shall be amended in accordance with this regulation.

^F4 (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. ” ;

(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

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. ” .

^F4 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003

^F5 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

^F6 SCHEDULE

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

in force	Provision is in force
in force*	In force only for specified purposes (see footnote)
not in force	Not in force in England (may be in force in other geographies, see footnotes)
defined term	Defined term
_dfn	Defined term (alternative style)

in force

Provision is in force

in force*

In force only for specified purposes (see footnote)

not in force

Not in force in England (may be in force in other geographies, see footnotes)

defined term

Defined term

_dfn

Defined term (alternative style)

footnote	commentary	related provisions
F1	Regs. 1-21 revoked (24.4.2006) by Social Security (Working Neighbourhoods) Miscellaneous Amendments Regulations 2006 (S.I. 2006/909) , regs. 1(1) , 3 (with reg. 4 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regs. 1-21 revoked (24.4.2006) by Social Security (Working Neighbourhoods) Miscellaneous Amendments Regulations 2006 (S.I. 2006/909) , regs. 1(1) , 3 (with reg. 4 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regs. 1-21 revoked (24.4.2006) by Social Security (Working Neighbourhoods) Miscellaneous Amendments Regulations 2006 (S.I. 2006/909) , regs. 1(1) , 3 (with reg. 4 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regs. 1-21 revoked (24.4.2006) by Social Security (Working Neighbourhoods) Miscellaneous Amendments Regulations 2006 (S.I. 2006/909) , regs. 1(1) , 3 (with reg. 4 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regs. 1-21 revoked (24.4.2006) by Social Security (Working Neighbourhoods) Miscellaneous Amendments Regulations 2006 (S.I. 2006/909) , regs. 1(1) , 3 (with reg. 4 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regs. 1-21 revoked (24.4.2006) by Social Security (Working Neighbourhoods) Miscellaneous Amendments Regulations 2006 (S.I. 2006/909) , regs. 1(1) , 3 (with reg. 4 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regs. 1-21 revoked (24.4.2006) by Social Security (Working Neighbourhoods) Miscellaneous Amendments Regulations 2006 (S.I. 2006/909) , regs. 1(1) , 3 (with reg. 4 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regs. 1-21 revoked (24.4.2006) by Social Security (Working Neighbourhoods) Miscellaneous Amendments Regulations 2006 (S.I. 2006/909) , regs. 1(1) , 3 (with reg. 4 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regs. 1-21 revoked (24.4.2006) by Social Security (Working Neighbourhoods) Miscellaneous Amendments Regulations 2006 (S.I. 2006/909) , regs. 1(1) , 3 (with reg. 4 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regs. 1-21 revoked (24.4.2006) by Social Security (Working Neighbourhoods) Miscellaneous Amendments Regulations 2006 (S.I. 2006/909) , regs. 1(1) , 3 (with reg. 4 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regs. 1-21 revoked (24.4.2006) by Social Security (Working Neighbourhoods) Miscellaneous Amendments Regulations 2006 (S.I. 2006/909) , regs. 1(1) , 3 (with reg. 4 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regs. 1-21 revoked (24.4.2006) by Social Security (Working Neighbourhoods) Miscellaneous Amendments Regulations 2006 (S.I. 2006/909) , regs. 1(1) , 3 (with reg. 4 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regs. 1-21 revoked (24.4.2006) by Social Security (Working Neighbourhoods) Miscellaneous Amendments Regulations 2006 (S.I. 2006/909) , regs. 1(1) , 3 (with reg. 4 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regs. 1-21 revoked (24.4.2006) by Social Security (Working Neighbourhoods) Miscellaneous Amendments Regulations 2006 (S.I. 2006/909) , regs. 1(1) , 3 (with reg. 4 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regs. 1-21 revoked (24.4.2006) by Social Security (Working Neighbourhoods) Miscellaneous Amendments Regulations 2006 (S.I. 2006/909) , regs. 1(1) , 3 (with reg. 4 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regs. 1-21 revoked (24.4.2006) by Social Security (Working Neighbourhoods) Miscellaneous Amendments Regulations 2006 (S.I. 2006/909) , regs. 1(1) , 3 (with reg. 4 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regs. 1-21 revoked (24.4.2006) by Social Security (Working Neighbourhoods) Miscellaneous Amendments Regulations 2006 (S.I. 2006/909) , regs. 1(1) , 3 (with reg. 4 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regs. 1-21 revoked (24.4.2006) by Social Security (Working Neighbourhoods) Miscellaneous Amendments Regulations 2006 (S.I. 2006/909) , regs. 1(1) , 3 (with reg. 4 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regs. 1-21 revoked (24.4.2006) by Social Security (Working Neighbourhoods) Miscellaneous Amendments Regulations 2006 (S.I. 2006/909) , regs. 1(1) , 3 (with reg. 4 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regs. 1-21 revoked (24.4.2006) by Social Security (Working Neighbourhoods) Miscellaneous Amendments Regulations 2006 (S.I. 2006/909) , regs. 1(1) , 3 (with reg. 4 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regs. 1-21 revoked (24.4.2006) by Social Security (Working Neighbourhoods) Miscellaneous Amendments Regulations 2006 (S.I. 2006/909) , regs. 1(1) , 3 (with reg. 4 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F2	Reg. 23 revoked (24.4.2006) by Social Security (Working Neighbourhoods) Miscellaneous Amendments Regulations 2006 (S.I. 2006/909) , regs. 1(1) , 3 (with reg. 4 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F3	Reg. 25(3) revoked (24.4.2006) by Social Security (Working Neighbourhoods) Miscellaneous Amendments Regulations 2006 (S.I. 2006/909) , regs. 1(1) , 3 (with reg. 4 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F4	Reg. 26(2) (4) revoked (24.4.2006) by Social Security (Working Neighbourhoods) Miscellaneous Amendments Regulations 2006 (S.I. 2006/909) , regs. 1(1) , 3 (with reg. 4 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F5	Reg. 27 revoked (24.4.2006) by Social Security (Working Neighbourhoods) Miscellaneous Amendments Regulations 2006 (S.I. 2006/909) , regs. 1(1) , 3 (with reg. 4 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F6	Sch. revoked (24.4.2006) by Social Security (Working Neighbourhoods) Miscellaneous Amendments Regulations 2006 (S.I. 2006/909) , regs. 1(1) , 3 (with reg. 4 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
M1	1992 c. 5 . Sections 2A and 2B were inserted by section 57 of the Welfare Reform and Pensions Act 1999 (c. 30) . Section 2AA was inserted by section 49 of the Employment Act 2002 (c. 22) . Section 189(1), (4) and (5) were amended by paragraph 109 of Schedule 7 to the Social Security Act 1998 (c. 14) . Section 189(1) was further amended by paragraph 57 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) and by Schedule 6 to the Tax Credits Act 2002 (c. 21) . Section 189(7A) was inserted by paragraph 82 of Schedule 12 to the Welfare Reform and Pensions Act 1999. Section 191 is an interpretation provision and is cited because of the meaning ascribed to the word “prescribe”. Section 2A(8) is cited because of the meaning ascribed to the word “specified” and section 2AA(7) is cited because of the meaning ascribed to the words “specified” and “work-focused interview”.
M2	1999 c. 30 . Section 60(9) is an interpretation provision and is cited because of the meaning ascribed to the words “designated”, “employment” and “prescribed”.
M3	1995 c. 18 .
M4	1992 c. 53 .
M5	See sections 170 and 173(1)(b) of the Social Security Administration Act 1992 (c. 5) ; paragraph 67(a) of Schedule 2 to the Jobseekers Act 1995 (c. 18) added that Act, and paragraphs 79 and 81(a) of Schedule 12 Part II to the Welfare Reform and Pensions Act 1999 (c. 30) added section 60 of that Act, to the list of “relevant enactments” in section 170(5) in respect of which regulations must normally be referred to the Committee.
M6	S.I. 1987/1968 . Regulation 6A was inserted by S.I. 2000/897 ; the relevant amending instrument is S.I. 2002/1703 .
M7	1992 c. 5 . Section 2A was inserted by section 57 of the Welfare Reform and Pensions Act 1999 (c. 30) .
M8	S.I. 1999/991 .
M9	The definition of “work-focused interview” was inserted in regulation 1(3) by S.I. 2000/897 and was amended by S.I. 2002/1703 and 2003/1886.
M10	Paragraph (2)(h) of regulation 6 was inserted by S.I. 2000/897 and amended by S.I. 2003/1886 .
M11	Paragraph (25) of regulation 7 was inserted by S.I. 2000/897 and substituted by S.I. 2003/1886 .
M12	1992 c. 5 . Section 2AA was inserted by section 49 of the Employment Act 2002 (c. 22) .
M13	S.I. 2000/1926 as amended by S.I. 2001/1189 , 2001/3210, 2002/670, 2002/1703, 2003/400, 2003/492 and 2004/565.
M14	S.I. 2002/1703 , as amended by S.I. 2002/2497 , 2003/492 and 2003/2439.