Pathways to work – the rules
The rules which apply to the Pathways to work pilots have now been made. Simon Osborne describes the most important points.

Introduction
Who is affected and when
Sanctions, appeals and the Return to Work Credit

Introduction
The rules are set out in The Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2003, SI 2003 No.2439. These regulations came into force on 27 October. They provide the statutory rules that apply in the 'Pathways to work' pilot schemes, and apply only in those areas (see Bulletin 175, p7 for full details) either from 27 October or from 5 April 2004, depending on the pilot area. No guidance was available at time of writing.

Who is affected and when
The requirements apply to a person resident in a pilot area who makes a claim for incapacity benefit, income support (for incapacity) or severe disablement allowance, on or after the date the pilot scheme begins in their area. (Note that this means the requirements will not apply to existing claimants.) Where such a person is entitled to benefit having made such a claim and was aged 18 or over but under 60 at the time of the claim, their continuing entitlement to the full amount of the benefit is conditional on turning up to and taking part in a work-focused interview. This initial interview will take place no sooner than eight weeks after the date of claim.[Footnote 1] Where these requirements do apply to someone, then the Jobcentre Plus work-focused interview rules do not.[Footnote 2]

Thereafter, continuing entitlement remains conditional on attending further work-focused interviews as long as they are aged under 60. In particular, there is a requirement to attend an additional five further interviews at intervals of one month. People exempt from the personal capability assessment are exempt from the requirement to attend the five further interviews (not though from other repeat interviews). More repeat interviews apply at trigger points which mainly consist of a finding of incapacity for work following a personal capability assessment, but in any case must be at least once every three years. Other trigger points are: ceasing to be entitled to carer's allowance but remaining entitled to another of the benefits concerned; starting or stopping part-time work or ceasing education, training or rehabilitation.[Footnote 3]

Waivers and deferrals apply to interviews as they apply in the Jobcentre Plus scheme interviews. Taking part in an interview is also defined in a similar way as in that scheme. Essentially, this means responding to questions about things like employment history, training, work-related abilities, etc. There is an additional requirement that the claimant assists the personal adviser in the completion of an 'action plan' which records information relating to employability and reasonable action to enhance employment prospects which both the claimant and adviser are agreed is reasonable. Regarding repeat interviews, the claimant must also participate in discussion (by answering questions) about the action plan and any relevant work-related support or programmes, and the content of the 'capability report' drawn up after the personal capability assessment.[Footnote 4]

Sanctions, appeals and the Return to Work Credit
The benefit sanction for not turning up or taking part in an interview is a reduction equal to 20 per cent of the income support adult personal allowance. (Unlike in Jobcentre Plus schemes, there is no provision for terminating claims.) The regulations permit a sanction to be applied on the first such breach of the rules – it remains to be seen whether that will apply in practice. Benefit must not be reduced below ten pence a week. The priority order of reduction is: income support, incapacity benefit, severe disablement allowance.

Good cause considerations and appeal rights apply to decisions about not turning up or taking part. As with Jobcentre Plus, 'good cause' is not defined, but the matters to be taken into account include the usuals: learning, language or literacy difficulties, transport problems, religious obligations, attending a job interview, attending a funeral, having a 'disability' that prevented attendance at the interview.

Amendments are made to the income support, jobseeker's allowance, housing benefit and council tax benefit rules to provide income and capital disregards (in full, including where paid to a partner) for payment of the Return to Work Credit Scheme (see Bulletin 175, p8, for a description of that scheme).[Footnote 5] The payments under the scheme are also ignored for income tax purposes: see SI 2003 No.2339.

Footnotes

1. Regs 2-4 [back to text]
2. Reg 17 [back to text]
3. Reg 4 [back to text]
4. Reg 9 [back to text]
5. Refs 12-14 [back to text]

Welfare Rights Bulletin 177 December 2003