Regulation 8 Exemptions

England, Wales and Scotland

(1)

Subject to paragraph (2), persons who, on the day on which the claim for a specified benefit is made or the requirement to take part in an interview under regulation F14 or 4A or 7(2) arises or applies—

(a)

are engaged in remunerative work; or

(b)

are claiming, or are entitled to, a jobseeker’s allowance,

shall be exempt from the requirement to take part in an interview.

(2)

Paragraph (1)(b) shall not apply where—

(a)

a joint-claim couple (as defined for the purposes of section 1(4) of the Jobseekers Act 1995 M1) have claimed a jobseeker’s allowance; and

(b)

a member of that couple is a person to whom regulation 3D(1)(c) of the Jobseeker’s Allowance Regulations 1996 M2 (further circumstances in which a joint-claim couple may be entitled to a joint-claim jobseeker’s allowance) applies.

(3)

F2A person who, on the day on which the claim for a specified benefit is made or the requirement to take part in an interview under regulation 4 or 7(2) arises or applies is—

(a)

required to take part in an interview; or

(b)

not required to take part in an interview by virtue of—

(i)

a waiver of a requirement; or

(ii)

a deferment of an interview,

under the F3Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2008 F4... shall be exempt from the requirement to take part in an interview.

F5(4)

The requirement to take part in an interview under regulations 3, 4, 4ZAF6, 4A or 7(2) does not apply to a lone parent who is responsible for, and a member of the same household as, a child under the age of one.

Annotations

Textual amendments

F1: Words in reg. 8(1) substituted (24.11.2008) by Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2008 (S.I. 2008/3051), regs. 1(2), 8(6) (with reg. 13, Sch. Pt. 1)
F2: Reg. 8(3) added (27.10.2003) by The Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2003 (S.I. 2003/2439), regs. 1, 17
F3: Words in reg. 8(3) substituted (15.12.2008) by Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2008 (S.I. 2008/2928), regs. 1, 12(3)
F4: Words in reg. 8(3) omitted (31.10.2011) by virtue of The Social Security (Work-focused Interviews for Lone Parents and Partners) (Amendment) Regulations 2011 (S.I. 2011/2428), regs. 1, 3(9)(a)
F5: Reg. 8(4) inserted (31.10.2011) by The Social Security (Work-focused Interviews for Lone Parents and Partners) (Amendment) Regulations 2011 (S.I. 2011/2428), regs. 1, 3(9)(b)
F6: Word in reg. 8(4) inserted (28.4.2014) by The Income Support (Work-Related Activity) and Miscellaneous Amendments Regulations 2014 (S.I. 2014/1097), regs. 1(1), 14(5)

Marginal citations

M1: 1995 c.18; the definition of “joint-claim couple” was inserted by the Welfare Reform and Pensions Act 1999, section 59 and Schedule 7, paragraph 2(4)(b).
M2: S.I. 1996/207; regulation 3D was inserted by S.I. 2000/1978 and amended by S.I. 2001/518.