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These regulations,
which came into force on 3rd April 2000, relate to the introduction
of compulsory work-focused interviews as a requirement for receiving
benefits. They relate to sections 57 and 58 of the Welfare Reform
and Pensions Act 1999. They are integral to the ONE scheme. People
claiming benefit are allocated a personal adviser who deals with
all their claims from one office and interviews them about their
work history, prospects and opportunities.
The ONE scheme
has been running, on a voluntary basis, in pilot areas in three
different variants. In each area, either the Benefits Agency, Employment
Service and/or the local authority is the 'designated authority'
taking the lead on the scheme. Since June 1999 a basic version of
the scheme has been introduced in Clyde Coast and Renfrew, South
East Essex, Warwickshire and Lea Roding. Initial contact is made
to a start-up adviser who takes basic details, issues the appropriate
claim forms and allocates a personal adviser. Since November 1999
claimants in Calderdale and Kirklees, South East Gwent, Somerset
and Buckinghamshire have been testing a 'call centre' variant where
initial contact is made by the telephone. Pilots involving the private
and voluntary sector have been introduced in Leeds, Suffolk, North
Nottinghamshire and North Cheshire.
These
pilots are due to run and be assessed until 2002, when a decision
will be made on whether to apply them nationally. However, on the
16th March 2000 the Government announced the merging of the Benefits
Agency and Employment Service to create a new ONE agency.[footnote
1] Therefore, it appears inevitable that the scheme will
be extended in some form.
CPAG believes
that the ONE scheme has much to offer: a single point of contact
for claimants; advice and help on maximising their benefit entitlement;
assistance with getting into work if they want to. However we believe
that prematurely introducing compulsion and a penalty which deprives
claimants of all benefit entitlement undermines much of what is
positive.
We hope that
the regulations will be substantially altered before the scheme
is made national. Below we lay out:
What the regulations mean
The regulations apply to any person who:
- normally
resides in Great Britain;
- lives in
a pilot area;
- is not doing
paid work for 16 or more hours a week;
- is under
60; and
- makes a
claim for any benefit except a widow's payment or disability living
allowance. (regs 4 and 5).
Renewal claims
for housing or council tax benefit (or where the claimant has moved
house within the same local authority area) will not give rise to
a requirement to attend an interview (reg 5(2)). People claiming
jobseeker's allowance will continue to attend JobCentres and be
interviewed by Employment Service staff about their benefit claim
and jobseeking activity (reg. 5(1)(b & c)).
The requirement
to take part in an interview will be waived where it is decided
that the interview would not be of assistance to the claimant or
would not be appropriate in the circumstances of their case (reg
7). The benefit claim can then be processed and assessed without
attending a ONE office. There are no general categories of exempt
persons, although some guidance will be given.
Most interviews
will take place at the ONE office but the personal adviser can decide
to hold it elsewhere, including at the claimant's home, if s/he
believes it is unreasonable to expect the claimant to attend the
office (reg 10(2)).
When does
it apply?
Most people will be required to attend a work-focused interview
as soon as they indicate that they wish to claim a benefit. Although
the Government has said that the interview should be held within
three days in most cases, the regulations merely state that it should
be 'as soon as reasonably practicable' (regulation 8(1)).
Where it is decided that the interview would not be of assistance
to that person at that time or would not be appropriate at that
time, the requirement to take part in an interview in order to get
benefit will be deferred (reg 8). The decision maker will decide
when the interview should take place.
In addition,
existing claimants may be required to take part in a work-focused
interview.
- Lone-parents
(unless they are claiming on the grounds of incapacity for work)
will be required to attend an interview every 12 months (reg 6
(1) and (3)).
- For other
claimants the events which would trigger a requirement to attend
a work-focused interview are (reg 6 (1) and (4)):
– satisfying the personal capability assessment' (the test
of incapacity for work);
– ceasing to receive invalid care allowance;
– starting or stopping part-time work;
– finishing a training course that was arranged by their
personal adviser;
– turning 18.
What
is the requirement?
In order to get benefit, claimants must both attend a work-focused
interview and take part to the satisfaction of their personal
adviser (reg 11 (1)).
To fulfil the
requirement to have taken part in an interview claimants must provide
answers about (reg 11(2)):
- the level
of their educational qualifications;
- their employment
history;
- any vocational
training they have done;
- any employment-related
skills;
- any work
they are doing, paid or unpaid;
- any medical
condition which they believe puts them at a disadvantage in getting
employment;
- any caring
or childcare responsibilities.
Claimants under
the age of 18 will have an interview with the Careers Service.
What
is the effect of not fulfilling the requirement?
- Where a
claimant is making an initial claim for benefit, s/he will be
regarded as not having made a claim if it is decided that s/he
has not taken part in an interview (reg 12 (1) and (2) (a)). All
her/his benefit claims will lapse and s/he will need to make new
claims to get any benefit (reg 12 (10)).
- If a claimant
is already receiving benefits but fails to take part in an interview
which was deferred, her/his benefits will be stopped (reg 12 (1)
and (2) (b)).
- Where the
requirement to attend a work-focused interview is because of a
trigger or is an annual interview for a lone-parent, a claimant's
benefit will be reduced by 20 per cent of the income support personal
allowance for over 25s a reduction of £10.44 from April 2000
(reg 12 (1 and 2 c)).
What
protection does a claimant have?
The Government has said that three attempts should
be made to contact a claimant before her/his benefit is stopped
or claim rejected.[footnote 2]
However, the regulations do not provide for this and allow only
five working days for a claimant to demonstrate 'good cause' for
having failed to take part in an interview before a decision will
be made (reg 12 (1)(c)).
Claimants will
have a further month from the date of notification of the decision
to show that they had good cause for failing to take part in the
interview and that they could not reasonably have brought the relevant
facts to the personal adviser's notice within the five-day period
(regulation 12 (12)).
A list of matters
which can be taken into account when determining good cause are
specified, including language and literacy difficulties, attending
a job interview and sudden illness or relapse affecting a person
the claimant cares for (reg 14).
CPAG's
concerns
CPAG
has concerns about these regulations in a number of areas:
The
work focus the regulations make clear that this interview
is about work and enhancing claimant's opportunities for employment
(reg 3). Whilst we accept the need for a focus on employment, we
do not believe that this should exclude offering claimants other
appropriate advice and information. The Government has spoken about
the 'welfare contract'. In return for claimants supplying correct
information in relation to their claims and availing themselves
of employment opportunities, the Government would make claiming
benefits simpler and supply better notification about entitlements.
In view of this 'welfare contract', we believe that these regulations
should lay down the agencies' obligations to help claimants maximise
their income and inform them of any benefits to which they are entitled.
The guidance suggests that a benefit expert will check over the
benefit claim forms and will discuss any claiming problems with
the person after the interview. Whilst this is certainly helpful,
guidance is not binding and it falls short of a duty to maximise
income.
Compulsion
The requirements placed on jobseekers are contained in the jobseeker's
allowance regulations. These regulations, therefore, apply to people
who do not have to be available for work to claim benefit, for example,
because they are sick or have caring responsibilities. For some
of these claimants, discussing work prospects may be of little or
no benefit. It seems unduly onerous for the agencies to have to
interview annually lone parents, particularly as many will be repeating
the same information they gave last year. It would seem far more
sensible to invite annually lone parents to an interview. If there
has been a change in their circumstances such that the interview
would be helpful to them, they would be able to attend. Compulsion
is likely to confuse and alarm many vulnerable claimants. It is
difficult to disentangle a requirement to talk about getting a job
from the perception of a requirement to get a job. The worry this
creates for those who feel unable to take up employment for genuine
reasons may prevent them from fully answering the personal adviser's
questions, which may lead to a decision that they have failed to
'take part in their interview'.
There is much
about the ONE scheme which is positive and helpful to claimants.
If the scheme is seen as advantageous, then we would expect people
to take it up. We are concerned that the introduction of compulsion
may taint the positive aspects of the scheme, leading some claimants
to view it with suspicion. Analysis of research into the pilots
is not due until 2002. It would seem preferable to wait until the
operation of the scheme can be assessed before making it compulsory.
Relationship
with incapacity for work The issuing of a personal capability
assessment (PCA) to determine a person's incapacity for work triggers
a work-focused interview. In ONE pilot areas, the PCA also functions
as 'capability report', enabling the personal adviser to assess
the barriers to work faced by the claimant. Our concern is twofold.
1) In order
to 'take part' in the interview and get benefit, the claimant is
required to talk about her/his medical condition if s/he believes
it is a barrier to work. This could create situations where claimants
are compelled to discuss personal, perhaps embarrassing, details
with a non-medically qualified personal adviser. They will in any
case already have discussed this with a DSS doctor who has agreed
that they are incapable of work.
2) Claimants
may reasonably fear that information about their medical condition
will be passed to the benefit decision maker by their personal adviser.
Although the capability report itself cannot be used to decide capacity
for work, the adviser could, nevertheless, take it upon themselves
to contact the decision maker with their own views. This could prejudice
the chances of an open, enabling relationship with the adviser,
which is critical to the success of the interview.
We believe that
the requirement to discuss medical conditions in order to 'take
part' in the interview should be removed.
Timing
of the interview If the requirement to attend an interview
arises in connection with a first claim, the claimant will receive
no benefit until it has been determined that s/he took part in an
interview. Therefore, it is not acceptable that an interview takes
place merely 'as soon as practicable'. Many people claim benefits
because they have reached some kind of crisis or major life-event
(for example, they may have just lost a job, had a baby, fallen
ill, become a carer or split up from a partner). It may, therefore,
be difficult for the claimant to attend the first interview available.
Other factors may make it difficult for an interview to take place
within three days poor transport in rural areas, personal advisers
with overloaded caseloads or any of the many 'good cause' reasons
listed in the regulations. In these circumstances, claimants need
to receive some benefit until an interview can be arranged. We suggest
that in cases where a work-focused interview cannot be arranged
within three days, claimants should be treated as entitled to benefit
until it is determined that they have, without good cause, failed
to take part in a work-focused interview.
Applying
the penalty We welcome the Government's intention that attempts
should be made to find out why a claimant has not attended an interview
before making a decision to reject a claim or terminate entitlement,
in order to protect the vulnerable. However, the regulations only
allow claimants five working days to demonstrate good cause and
place no requirement on the agencies to make such enquiries. Without
a duty in regulations, any guidance the Government might give has
no binding effect.
Whilst the listing
of matters which might potentially demonstrate good cause for failing
to take part in an interview is welcome, for the sake of clarity
it should be explained that the list is not exhaustive.
As with the timing of the interview, where a delay is inevitable
in making decisions about good cause matters a claimant should be
treated as entitled to the specified benefits until the decision
is made.
Inability
to request a waiver, deferment of interview or a home visit
There is no mechanism either in the Act or under the regulations
which would enable claimants to ask for a home visit or explain
why they believe an interview should be deferred. The only method
they could use to raise such matters would be to fail to take part
in an interview and then claim good cause this may lead to considerable
delay on their claims.
The
penalties CPAG opposes the complete removal of entitlement
to all specified benefits (this may include housing and council
tax benefits) for claimants who fail to take part in a work-focused
interview. Jobseeker's allowance claimants are entitled to apply
for hardship payments if their jobseeker's allowance is removed,
for example because of failure to attend a compulsory training scheme.
Claimants who are not required to be available for work should not
be treated more harshly and left with no benefit to live on at all,
regardless of needs or vulnerability. It will obviously have adverse
effects on any children living in such families. Many of the most
vulnerable claimants are on sickness and disability benefits and
will be subject to work-focused interviews. Removing all their benefit
from them will only make them more vulnerable and may alienate them
from the system.
Inability
to exercise the right of appeal Although claimants are afforded
a right of appeal, this is a 'hollow right' as they will have no
money to live on until the appeal is heard and the decision altered.
The average wait for an appeal hearing in January 2000 was 14 weeks.
Eight weeks' rent arrears now constitute automatic grounds for repossession
of an assured shorthold tenancy. If a private tenant had had her/his
housing benefit claim rejected her/his home may well have been repossessed
by the time the appeal was heard. In order to make the right of
appeal meaningful, then as a minimum claimants must be able to receive
housing and council tax benefits and hardship payments until their
appeal is finally determined.
Recommendations
Before the scheme goes national CPAG recommends that:
- There is
a duty placed on the personal adviser to maximise the claimants'
income and inform them of any benefits to which they may be entitled.
- Compulsion
should not be introduced until the effect of the ONE scheme has
been fully evaluated.
Claimants should not be required to discuss medical complaints
as a condition of fully 'taking part' in the interview.
- If a work-focused
interview following an initial claim cannot be arranged within
three days, the claimant should be treated as entitled to benefits
until a decision on her/his participation in an interview has
been made.
- Claimants
should have a mechanism to request that an interview be waived
or deferred or that a home visit should be arranged; and a right
of appeal against any refusal.
- The agencies'
duty to attempt to contact claimants to find out why they failed
to take part in an interview should be laid down in legislation.
- The regulations
should make clear that the list of 'good cause' provisions is
not exhaustive.
When a claimant appeals a decision about a work-focused interview
s/he should be treated as entitled to benefits until the appeal
is finally determined.
- A system
of hardship payments should be set up for those who have failed
to take part in an interview.
- Housing
benefit and council tax benefit should not be specified benefits
for the purposes of a work-focused interview.
Footnotes
1. Para 2.30 The modernisation of Britains
Tax and Benefit System, Number Six: Tackling Poverty and Making
Work Pay Tax Credits for the 21st Century, HM Treasury March 2000
[back to text]
2. 13 April 1999, Hansard, Standing Committee
D on Welfare Reform and Pensions Bill, col 686. [back
to text]
For
more information, please contact Simon Osborne, Welfare Rights Worker,
on 020 7837 7979 x218 or email sosborne@cpag.demon.co.uk
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