Regulation 6 Continuing entitlement dependent upon an interview

(1)

A relevant person who has not attained the age of 60 and who is entitled to a specified benefit shall be required to take part in an interview as a condition of his continuing to be entitled to the full amount of benefit which is payable apart from these Regulations where paragraph (2) applies and–

(a)

in the case of a lone parent who is not entitled to either incapacity benefit or severe disablement allowance, any of the circumstances specified in paragraph (3) apply; or

(b)

in any other case, any of the circumstances specified in paragraph (4) apply.

(2)

This paragraph applies in the case of a person who has taken part in a work-focused interview, or who would have taken part in such an interview but for the requirement being waived in accordance with regulation 7 or deferred in accordance with regulation 8.

(3)

The circumstances specified in this paragraph are that the lone parent–

(a)

has been entitled to a specified benefit for more than a year except where one of the benefits to which the person was entitled during the previous 12 months was incapacity benefit or severe disablement allowance; and

(b)

has not taken part in an interview for at least a year.

(4)

The circumstances specified in this paragraph are those where–

(a)

a person is entitled to incapacity benefit or severe disablement allowance following a personal capability assessment;

(b)

a person’s entitlement to an invalid care allowance ceases whilst entitlement to another specified benefit continues;

(c)

a person becomes engaged or ceases to be engaged in part-time work;

(d)

a person has been undergoing education or training arranged by a personal adviser and that education or training comes to an end; and

(e)

a person who has not attained the age of 18 and who has previously undertaken an interview attains the age of 18.

(5)

In this regulation–

“lone parent” means a person who has no partner and who is responsible for, and a member of the same household as, a child;
“personal capability assessment” means an assessment in accordance with regulations made under section 171C of the Contributions and Benefits Act^f1.

Annotations

Footnotes

f1: Section 171C was inserted by section 61 of the Welfare Reform and Pensions Act 1999 (c. 30).