The Income Support (General) Regulations 1987

Persons not required to be available for employment E+W+S

8.—(1) A person, other than one to whom regulation 10(1)(h) applies (circumstances in which a person is to be treated as available for employment), to whom any paragraph of Schedule 1 (persons not required to be available for employment) applies in any week shall not be required to be available for employment in that week.

(2) F1 A person, other than one to whom regulation 10(1)(h) applies, to whom none of the provisions of Schedule 1 ... applies, shall, where—

[F2 (a) an adjudication officer has determined for the purposes of section 171B of the Contributions and Benefits Act (the own occupation test) that that person is not incapable of work; and.]

(b) that person's medical practitioner continues to supply evidence of his incapacity for work in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976 F3 (evidence of incapacity for work); and

(c) that person has made and is pursuing an appeal against the determination of an adjudication officer that he is not so incapable; and

(d) that person, were he required to be available for employment, would not be treated as so available under regulation 9(1) (persons treated as available for employment),

not be required to be available for employment pending the determination of his appeal.

[F4 (2A) A person, other than one to whom paragraph (2) or regulation 10(1)(h) applies, to whom none of the provisions of Schedule 1 applies, shall, where—

(a) an adjudication officer has determined for the purposes of section 171C of the Contributions and Benefits Act (the all work test) that that person is not incapable of work; and

(b) that person has made and is pursuing an appeal against that determination; and

(c) that person, were he required to be available for employment, would not be treated as so available under regulation 9(1) (persons treated as available for employment),

not be required to be available for employment pending the determination of his appeal.]

[F5 (3) A person, other than one to whom [F6 [F7 paragraph (2) or (2A)] or] regulation 10(1)(h) applies, to whom none of the provisions of Schedule 1 applies, shall, for any period when—

(a) he would, were he required to be available for employment, not be treated as so available under regulation 9(1); and

(b) the adjudication officer is satisfied that, unless income Support is paid, the claimant or a member of his family (if any) will suffer hardship,

not be required to be available for employment.]

Textual Amendments

F1 Words in reg. 8(2) omitted (8.4.1991) by virtue of The Income Support (General) Amendment Regulations 1991 (S.I. 1991/236), regs. 1(1)(b), 3(a) (with reg. 1(2))

F2 Reg. 8(2)(a) substituted (13.4.1995) by The Disability Working Allowance and Income Support (General) Amendment Regulations 1995 (S.I. 1995/482), regs. 1(1), 6(2) (with regs. 1(4), 20(1)(3))

F3 S.I. 1976/615; the relevant amending instruments are S.I. 1982/699 and 1987/409.

F4 Reg. 8(2A) inserted (13.4.1995) by The Disability Working Allowance and Income Support (General) Amendment Regulations 1995 (S.I. 1995/482), regs. 1(1), 6(3) (with regs. 1(4), 20(1)(3))

F5 Reg. 8(3) added (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 6

F6 Words in reg. 8(3) inserted (8.4.1991) by The Income Support (General) Amendment Regulations 1991 (S.I. 1991/236), regs. 1(1)(b), 3(b) (with reg. 1(2))

F7 Words in reg. 8(3) substituted (13.4.1995) by The Disability Working Allowance and Income Support (General) Amendment Regulations 1995 (S.I. 1995/482), regs. 1(1), 6(4) (with regs. 1(4), 20(1)(3))

Commencement Information

I1 Reg. 8 in force at 11.4.1988, see reg. 1