# The Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2008, Regulation 9: Consequences of failure to take part in a work-focused interview


(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;
(c) severe disablement allowance.
(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
(c) attains pensionable age.
(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;
(c) by an amount equivalent to more than 100% of the work-related activity component.
(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 .

---
Source: https://www.legislation.gov.uk/uksi/2008/2928/regulation/9 (the official version)
Page: https://openlegislation.uk/social-security-incapacity-benefit-work-focused-interviews-regulations-2008/regulation-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.