The Jobseeker’s Allowance Regulations 1996

Chapter II Availability for Employment

Exceptions to requirement to be available immediately: carers, voluntary workers, persons providing a service and persons under an obligation to provide notice

5.—[F1(1) [F2Subject to paragraph (1A),] in order to be regarded as available for employment—

F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a person who is engaged in voluntary work [F4or who has caring responsibilities] is not required to be able to take up employment immediately, providing he is willing and able—

(i)to take up employment on being given one week’s notice; and

(ii)to attend for interview in connection with the opportunity of any such employment on being given 48 hours' notice.]

[F5(1A) In order to be regarded as available for employment, a person who has caring responsibilities in relation to a child is not required to take up employment or attend for interview within the periods referred to in paragraph (1) if those responsibilities make it unreasonable for him to do so, providing he is willing and able—

(a)to take up employment on being given 28 days notice; and

(b)to attend for interview in connection with the opportunity of any such employment on being given 7 days notice.

(1B) For the purposes of paragraph (1A), it is for the claimant to show that it is unreasonable for him to take up employment or attend for interview within the periods referred to in paragraph (1). ]

(2) In order to be regarded as available for employment, a person who is engaged, whether by contract or otherwise, in providing a service with or without remuneration, other than a person who has caring responsibilities or who is engaged in voluntary work, is not required to be able to take up employment immediately, providing he is willing and able to take up employment on being given 24 hours’ notice.

(3) In order to be regarded as available for employment, a person who is in employed earner’s employment and is not engaged in remunerative work and who is required by [F6section 86 of the Employment Rights Act 1996] to give notice to terminate his contract is not required to be able to take up employment immediately, providing he is willing and able to take up employment immediately he is able to do so in accordance with his statutory obligations.

(4) Where in accordance with regulation 7, 13[F7, 13A] or 17 a person is only available for employment at certain times, he is not required to be able to take up employment at a time at which he is not available, but he must be willing and able to take up employment immediately he is available.

(5) Where in accordance with paragraph [F8(1), (1A) or (2)] a person is not required to be able to take up employment immediately, the F9... periods referred to in those paragraphs include periods when in accordance with regulation 7[F10, 13 or 13A] he is not available.

[F11(6) In this regulation “week” means any period of seven consecutive days.]

Textual Amendments

Modifications etc. (not altering text)

Employment of at least 40 hours per week

6.—(1) In order to be regarded as available for employment, a person must be willing and able to take up employment of at least 40 hours per week, unless he has restricted his availability in accordance with paragraph [F12(3), (3A) or (4)] of regulation [F1313, regulation 13A or] paragraph (2) of regulation 17 or two or more of those provisions.

(2) In order to be regarded as available for employment, a person must be willing and able to take up employment of less than 40 hours per week but not for a greater number of hours per week than the number for which he is available in accordance with paragraph [F12(3), (3A) or (4)] of regulation [F1313, regulation 13A or] paragraph (2) of regulation 17 or two or more of those provisions.

Textual Amendments

Modifications etc. (not altering text)

Restriction of hours for which a person is available to 40 hours per week

7.—(1) Except as provided in [F14regulations 13, 13A and 17(2)], a person may not restrict the total number of hours for which he is available for employment to less than 40 hours in any week.

(2) A person may restrict the total number of hours for which he is available for employment in any week to 40 hours or more providing

(a)the times at which he is available to take up employment (his “pattern of availability") are such as to afford him reasonable prospects of securing employment;

(b)his pattern of availability is recorded in his jobseeker’s agreement and any variations in that pattern are recorded in a varied agreement and

(c)his prospects of securing employment are not reduced considerably by the restriction imposed by his pattern of availability.

(3) A person who has restricted the total number of hours for which he is available in accordance with paragraph (2) and who is not available for employment, and is not to be treated as available for employment in accordance with regulation 14, for one day or more in a week in accordance with his pattern of availability shall not be regarded as available for employment even if he was available for employment for a total of 40 hours or more during that week.

Textual Amendments

Modifications etc. (not altering text)

Other restrictions on availability

8.  Subject to regulations 6, 7 and 9, any person may restrict his availability for employment by placing restrictions on the nature of the employment for which he is available, the terms or conditions of employment for which he is available (including the rate of remuneration) and the locality or localities within which he is available, providing he can show that he has reasonable prospects of securing employment notwithstanding those restrictions and any restrictions on his availability in accordance with regulations 7(2), [F1513(2), (3), (3A) or (4)][F16, 13A] or 17(2).

Textual Amendments

Modifications etc. (not altering text)

No restrictions on pay after six months

9.  After the expiry of the six month period beginning with the date of claim, a person may not restrict his availability for employment by placing restrictions on the level of remuneration in employment for which he is available.

Modifications etc. (not altering text)

Reasonable prospects of employment

10.—(1) For the purposes of regulations 7 and 8 and paragraphs (2) and (4) of regulation 13, in deciding whether a person has reasonable prospects of securing employment, regard shall be had, in particular, to the following matters—

(a)his skills, qualifications and experience;

(b)the type and number of vacancies within daily travelling distance from his home;

(c)the length of time for which he has been unemployed;

(d)the job applications which he has made and their outcome;

(e)if he wishes to place restrictions on the nature of the employment for which he is available, whether he is willing to move home to take up employment.

(2) It shall be for the claimant to show that he has reasonable prospects of securing employment if he wishes to restrict his availability in accordance with regulation 7 or 8 or paragraph (2) or (4) of regulation 13.

Modifications etc. (not altering text)

Part-time students

11.—(1) If in any week a person is a part-time student and

(a)he falls within paragraph (2)

(b)he has restricted the total number of hours for which he is available in accordance with regulation 7(2), [F1713(3), (3A) or (4)][F18, 13A] or 17(2); and

(c)the hours of his course of study fall in whole or in part within his pattern of availability, in determining whether he is available for employment no matter relating to his course of study shall be relevant providing he is willing and able to re-arrange the hours of his course in order to take up employment at times falling within his pattern of availability, to take up such employment immediately or, if he falls within paragraph [F19(1), (1A), (2) or (3)] of regulation 5, at the time specified in that paragraph and providing he complies with the requirements of regulation 6.

(2) A person falls within this paragraph if

(a)for a continuous period of not less than 3 months falling immediately before the date on which he first attended the course of study he was in receipt of jobseeker’s allowance[F20, incapacity benefit or employment and support allowance] or was on a course of training or he was in receipt of income support and he fell within paragraph 7 of Schedule 1B to the Income Support Regulations F21 or

(b)during the period of 6 months falling immediately before the date on which he first attended the course of study he was

(i)for a period, or periods in the aggregate, of not less than 3 months in receipt of jobseeker’s allowance[F20, incapacity benefit or employment and support allowance] or on a course of training or he was in receipt of income support and he fell within paragraph 7 of Schedule 1B to the Income Support Regulations and

(ii)after the period referred to in (i), or in the case of periods in the aggregate, after the first such period and throughout the remainder of the 6 months for which that sub-paragraph did not apply to him, engaged in remunerative work or other work the emoluments of which are such as to disentitle him from receipt of jobseeker’s allowance[F20, incapacity benefit or employment and support allowance] or from receipt of income support which would have been payable because he fell within paragraph 7 of Schedule 1B to the Income Support Regulations

and the period of 3 months referred to in sub-paragraph (i) or, as the case may be, the period of 6 months referred to in sub-paragraph (ii), fell wholly after the terminal date.

(3) In this regulation, “training" means training for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible [F22[F23secured in England by the [F24Young People’s Learning Agency for England] [F24Secretary of State] or Chief Executive of Skills Funding and in Wales by the Welsh Ministers], and, in Scotland, provided] directly or indirectly by a Local Enterprise Company pursuant to its arrangement with, as the case may be, [F25Skills Development Scotland,] Scottish Enterprise or Highlands and Islands Enterprise (whether that arrangement is known as an Operating Contract or by any other name).

Textual Amendments

F21Schedule 1B was inserted by regulation 3 of and Schedule 1 to the Income Support (General) (Jobseeker's Allowance Consequential Amendments) Regulations 1996, S.I. 1996/206.

Modifications etc. (not altering text)

Volunteers

[F2612.—(1) Paragraph (2) applies if in any week a person is engaged in voluntary work and—

(a)he has restricted the total number of hours for which he is available in accordance with regulation 7(2), [F2713(3), (3A) or (4)][F28, 13A] or 17(2); and

(b)the hours in which he is engaged in voluntary work fall in whole or in part within his pattern of availability.

(2) In determining whether a person to whom this paragraph applies is available for employment no matter relating to his voluntary work shall be relevant providing—

(a)on being given one week’s notice, he is willing and able to re-arrange the hours in which he is engaged in voluntary work in order to take up employment at times falling within his pattern of availability; and

(b)on being given 48 hours' notice, he is willing and able to re-arrange the hours in which he is engaged in voluntary work in order to attend for interview at times falling within his pattern of availability in connection with the opportunity of any such employment; and

(c)he complies with the requirements of regulation 6.

(3) In paragraph (2) “week” means any period of seven consecutive days.]

Textual Amendments

Modifications etc. (not altering text)

Additional restrictions on availability for certain groups

13.—(1) In any week a person may restrict his availability for employment in the following ways, if the circumstances set out apply.

(2) Subject to regulations 6, 7 and 9, a person may impose restrictions on the nature of the employment for which he is available by reason of a sincerely held religious belief, or a sincerely held conscientious objection providing he can show that he has reasonable prospects of employment notwithstanding those restrictions and any restrictions on his availability in accordance with regulation 7(2), 8, paragraph [F29(3), (3A) or (4)] of this regulation[F30, regulation 13A or ] regulation 17(1) or (2).

(3) A person may restrict his availability in any way providing the restrictions are reasonable in the light of his physical or mental condition.

[F31(3A) A person who has caring responsibilities in relation to a child and who—

(a)is the subject of a parenting order concerning that child under section 8 of the Crime and Disorder Act 1998, section 20 of the Anti-social Behaviour Act 2003 (“the 2003 Act”), or in relation to Scotland, under section 102 of the Antisocial Behaviour etc. (Scotland) Act 2004, or

(b)has entered into a parenting contract concerning that child under section 19 of the 2003 Act,

may restrict his availability in any way providing the restrictions are reasonable in the light of the terms of the order or contract.]

(4) A person with caring responsibilities may restrict the total number of hours for which he is available for employment to less than 40 hours in any week providing

(a)in that week he is available for employment for as many hours as his caring responsibilities allow and for the specific hours that those responsibilities allow and

(b)he has reasonable prospects of securing employment notwithstanding that restriction and

(c)he is available for employment of at least 16 hours in that week.

(5) In deciding whether a person satisfies the conditions in paragraph (4)(a), regard shall be had, in particular, to the following matters—

(a)the particular hours and days spent in caring;

(b)whether the caring responsibilities are shared with another person;

(c)the age and physical and mental condition of the person being cared for.

[F32(6) This paragraph applies to a person who has caring responsibilities in relation to a child if an employment officer determines that, due to the type and number of employment vacancies within daily travelling distance of the person’s home, he would not satisfy the condition in paragraph (4)(b).

(7) Paragraph (4) has effect in relation to a person to whom paragraph (6) applies as if sub-paragraph (b) were omitted.]

Textual Amendments

Modifications etc. (not altering text)

[F33Additional restrictions on availability for lone parents

13A.  A lone parent who in any week is responsible for, and a member of the same household as, a child under the age of 13 may restrict his availability for employment to the child’s normal school hours.]

Textual Amendments

Modifications etc. (not altering text)

Circumstances in which a person is to be treated as available

14.—(1) A person, other than one [F34to whom regulation [F3515(1)(a)], (b)[F36, (bc)] or (c) applies,] shall be treated as available for employment in the following circumstances for as long as those circumstances apply, subject to [F37paragraph (2B) and to] any maximum period specified in this paragraph—

(a)notwithstanding regulation 15(a), if he is participating as a full-time student in an employment-related course where participation by him has been approved before the course started by an employment officer, for a maximum of 2 weeks and one such course in any period of 12 months;

(b)if he is attending a residential work camp, for a maximum of 2 weeks and one such occasion in any period of 12 months;

(c)if he is temporarily absent from Great Britain because he is taking a member of his family who is a child or young person abroad for treatment, for a maximum of 8 weeks;

(d)if he is engaged in the manning or launching of a lifeboat or in the performance of duty as a part-time member of a fire brigade or engaged during an emergency in duties for the benefit of others;

(e)if he is a member of a couple and is looking after a member of his family who is a child while the other member is temporarily absent from the United Kingdom, for a maximum of 8 weeks;

(f)if he is following an Open University course and is attending, as a requirement of that course, a residential course, for a maximum of one week per course;

(g)if he is temporarily looking after a child full-time because the person who normally looks after the child is ill or temporarily absent from home or the person is looking after a member of the family who is ill, for a maximum of 8 weeks;

(h)if he has been discharged from detention in a prison, remand centre or youth custody institution [F38and he is not given notice to participate in the Employment, Skills and Enterprise Scheme under regulation 4(1) of the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011], for one week commencing with the date of his discharge;

[F39(i)if the period beginning on the date of claim and ending on the day before the beginning of the first week after the date of claim is less than 7 days and the circumstances in paragraph (2A) apply, for any part of that period when he is not treated as available for employment under any other provision of this regulation;]

[F40(j)if the award is terminated other than on the last day of a week, for the period beginning with the beginning of the week in which the award is terminated and ending on the day on which the award is terminated;]

(k)notwithstanding regulation 15(a), if he is participating in a programme provided by the Venture Trust in pursuance of an arrangement made by [F41the Scottish Ministers], for a maximum of 4 weeks and one such programme in any period of 12 months;

(l)if he is treated as capable of work [F42or as not having limited capability for work] in accordance with regulation 55, for the period determined in accordance with that regulation;

[F43(ll)if he is treated as capable of work [F42or as not having limited capability for work] in accordance with regulation 55A, for the period determined in accordance with that regulation;]

(m)if he is temporarily absent from Great Britain to attend an interview for employment and has given notice to an employment officer, in writing if so required by the employment officer, that he will be so absent for a maximum of one week;

(n)if he is a member of a couple [F44other than a joint-claim couple] and he and his partner are both absent from Great Britain and a premium referred to in paragraph 10, 11, 12, 13 or 15 of Schedule 1 (applicable amounts) is applicable in respect of his partner, for a maximum of 4 weeks.

[F45(nn)if he is a member of a joint-claim couple and he and his partner are both absent from Great Britain and a premium referred to in paragraph 20E, 20F, 20G or 20I of Schedule 1 (applicable amounts) is applicable in respect of his partner, for a maximum of 4 weeks;]

[F46(o)if

(i)he is available for employment, or is treated as such, on the day he makes his claim for a jobseeker’s allowance; and

(ii)the Secretary of State has directed that the prescribed time for claiming a jobseeker’s allowance be extended under regulation 19(6) of the Claims and Payments Regulations where the circumstances specified in regulation 19(7)(d) of those Regulations applied in relation to an entitlement to incapacity benefit[F47, employment and support allowance] or an entitlement to income support by virtue of paragraph 7 of Schedule 1B to the Income Support Regulations,

for the period of that extension.]

[F48(p)if he is temporarily absent from Great Britain in the circumstances prescribed in regulation 50(6B)(a) or (c), for the period of any such temporary absence.]

[F49(q)if he is temporarily absent from Great Britain in the circumstances prescribed in regulation 50(6AA) or, as the case may be, (6C).]

[F50(r)if he is required to attend a court or tribunal as a justice of the peace, a party to any proceedings, a witness or a juror;

(s)if, for a maximum of 96 hours before being released, he is in—

(i)police detention within the meaning in section 118(2) of the Police and Criminal Evidence Act 1984 (general interpretation), or

(ii)legal custody within the meaning in section 295 of the Criminal Procedure (Scotland) Act 1995 (legal custody in Scotland) but is not a prisoner as defined by regulation 85(4) (special cases).]

[F51(t)he is looking after a child for whom he has caring responsibilities during the child’s school holidays or another similar vacation period and it would be unreasonable for him to make other arrangements for the care of that child;

(u)he is looking after a child for whom he has caring responsibilities at a time when the child—

(i)is excluded from school or another educational establishment, and

(ii)is not receiving education pursuant to arrangements made by [F52a local authority (as defined in section 579 of the Education Act 1996)] or (in Scotland) an education authority, and

there are no other arrangements for the care of that child it would be reasonable for him to make]

(2) [F53Subject to paragraph (2ZB),] a person, other than one to whom regulation 15 applies, shall be treated as available for employment in the following circumstances—

(a)if there is a death or serious illness of a close relative or close friend of his;

(b)if there is a domestic emergency affecting him or a close relative or close friend of his;

(c)if there is a funeral of a close relative or close friend of his;

(d)if he has caring responsibilities and the person being cared for has died;

for the time required to deal with the emergency or other circumstance and for a maximum of one week on the occurrence of any of the circumstances set out in sub-paragraphs (a) to (d), or any combination of those circumstances, and on no more than 4 such periods in any period of 12 months.

[F54(2ZA) A person who has caring responsibilities in relation to a child may be treated as available for employment for more than one week, but for no more than 8 weeks, on the occurrence of any of the circumstances set out in paragraph (2)(a) or (b), or any combination of those circumstances, but on no more than one occasion in any period of 12 months.

(2ZB) Where a claimant has been treated as available for employment under paragraph (2ZA) in any period of 12 months, the first week in which he is so treated shall count towards the 4 periods allowable under paragraph (2).]

[F55(2A) A person shall be treated as available for employment under paragraph (1)(i) only if—

(a)where a pattern of availability is recorded in his jobseeker’s agreement, or where he has restricted the hours for which he is available in accordance with regulations [F5613(3), (3A) or (4)][F57, 13A] or 17(2) and that restriction has been agreed with an employment officer, he is available for employment during such of the period referred to in paragraph (1)(i) as he is not treated as available for employment under any other provision of this regulation, in accordance with—

(i)his pattern of availability or, as the case may be, the hours to which he has restricted his availability in accordance with regulations [F5613(3), (3A) or (4)][F57, 13A] or 17(2), and

(ii)any other restrictions he has placed on his availability for employment which will apply in the first week after the date of claim, provided those restrictions have been agreed with an employment officer, and

(iii)if he falls within regulation 5, that regulation;

(b)where no pattern of availability is recorded in his jobseeker’s agreement, he is available for employment during such of the period referred to in paragraph (1)(i) as he is not treated as available for employment under any other provision of this regulation—

(i)in accordance with any restrictions he has placed on his availability for employment which will apply in the first week after the date of claim, provided those restrictions have been agreed with an employment officer, and

(ii)for 8 hours on each day falling within that period on which he is not treated as available for employment to any extent under any other provision of this regulation, and

(iii)if he falls within regulation 5, in accordance with that regulation.]

[F58(2B) A person shall not be treated as available for employment under paragraph (1)(r)—

(a)for more than eight weeks,

(b)where he does not, before the period during which he is required to attend the court or tribunal, give an employment officer notice, in writing where requested by the employment officer, that he is so required, or

(c)where he is a prisoner as defined by regulation 85(4) (special cases).]

(3) If any of the circumstances set out in paragraph (1), except those in sub-paragraphs (i) and (j), or any of those set out in paragraph (2) apply to a person for part of a week, he shall for the purposes of regulation 7(1) be treated as available for 8 hours on any day on which those circumstances applied subject to the maximum specified in paragraph (1) or (2), unless he has restricted the total number of hours for which he is available in a week in accordance with regulation 7(2), [F5913(4)] or 17(2). If he has so restricted the total number of hours for which he is available, he shall, for the purposes of regulation [F597(1), 13(4) or 17(2)], be treated as available for the number of hours for which he would be available on that day in accordance with his pattern of availability recorded in his jobseeker’s agreement, if any of the circumstances set out in paragraph (1) except those in sub-paragraphs (i) and (j) or any of those set out in paragraph (2) applied on that day, subject to the maximum specified in paragraph (1) or (2).

(4) In paragraph (1)(c), “treatment" means treatment for a disease or bodily or mental disablement by or under the supervision of a person qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment.

(5) For the purposes of paragraph (1)(d),

(a)a person is engaged in duties for the benefit of others while–

(i)providing assistance to any person whose life may be endangered or who may be exposed to the risk of serious bodily injury or whose health may be seriously impaired,

(ii)protecting property of substantial value from imminent risk of serious damage or destruction, or

(iii)assisting in measures being taken to prevent a serious threat to the health of the people,

as a member of a group of persons organised wholly or partly for the purpose of providing such assistance or, as the case may be, protection;

(b)events which may give rise to an emergency include–

(i)a fire, a flood or an explosion,

(ii)a natural catastrophe,

(iii)a railway or other transport accident,

(iv)a cave or mountain accident,

(v)an accident at sea,

(vi)a person being reported missing and the organisation of a search for that person.

(6) In paragraph (1), except in sub-paragraphs (i) and (j), and in paragraph (2), “week" means any period of 7 consecutive days.

[F60(7) In this regulation, “tribunal” means any tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992.]

Textual Amendments

[F6114A.—(1) Paragraph (2) applies where a person (V) notifies the Secretary of State, in such manner as the Secretary of State specifies, that—

(a)domestic violence has been inflicted on or threatened against V by V’s partner or former partner or a family member, during the period of 26 weeks ending on the date of the notification; and

(b)at the time of the notification, V is not living at the same address as the person who inflicted domestic violence on or threatened it against V.

(2) Where this paragraph applies V is to be treated as being available for employment for a period of 4 weeks (“the 4 week exemption period”) beginning on the date of V’s notification to the Secretary of State under paragraph (1).

(3) V is to be treated as available for employment under paragraph (2)—

(a)whether or not V is entitled to a jobseeker’s allowance for the whole or part of the 4 week exemption period; and

(b)on only one occasion in any 12 month period.

(4) Paragraph (6) applies where domestic violence has been inflicted on or threatened against V by V’s partner or former partner or a family member.

(5) Domestic violence is only to be regarded as having been inflicted on or threatened against V for the purpose of paragraph (4) if V provides relevant evidence to the Secretary of State during the 4 week exemption period.

(6) Where this paragraph applies, V is to be treated as being available for employment for a period of 13 weeks (“the 13 week exemption period”) beginning on the date of V’s notification to the Secretary of State under paragraph (1).

(7) Subject to paragraphs (8) and (9), the 13 week exemption period shall apply for 13 consecutive weeks, whether or not V is entitled to a jobseeker’s allowance for the whole or part of that period.

(8) After the first 4 weeks of the 13 week exemption period, V may notify the Secretary of State that V no longer wishes to be treated as available for employment by virtue of paragraph (6).

(9) Where V gives such a notification to the Secretary of State, the 13 week exemption period—

(a)shall be suspended from the date of the notification until the date on which V gives a further notification to the Secretary of State that V wishes again to be treated as available for employment by virtue of paragraph (6); and

(b)shall not apply at any time after the expiry of 12 months from the date of the notification referred to in paragraph (1).

(10) For the purpose of this regulation—

“domestic violence” means abuse of a kind specified on page 11 of section 2.2 of ‘Responding to domestic abuse: a handbook for health professionals’ published by the Department of Health in December 2005, regardless of the gender or sexuality of V,

“family member” means the following members of the family of V, V’s partner or V’s former partner – grandparent, grandchild, parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, brother-in-law, sister, sister-in-law, or, if any of the preceding persons is a member of a couple, the other member of that couple,

“health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002,

“person acting in an official capacity” means a health care professional, a police officer, a registered social worker, V’s employer or a representative of V’s trade union and any public, voluntary or charitable body which has had direct contact with V in connection with domestic violence,

“registered social worker” means a person registered as a social worker in a register maintained by—

(a)

the General Social Care Council,

(b)

the Care Council for Wales,

(c)

the Scottish Social Services Council, or

(d)

the Northern Ireland Social Care Council,

“relevant evidence” means written evidence from a person acting in an official capacity showing that—

(a)

V’s circumstances are consistent with those of a person who has had domestic violence inflicted on or threatened against them during the period of 26 weeks ending on the date of the notification referred to in paragraph (1); or

(b)

V has made contact with the person acting in an official capacity in relation to such an incident, which occurred during that period.]

Textual Amendments

Circumstances in which a person is not to be regarded as available

15.—[F62(1)] A person shall not be regarded as available for employment in the following circumstances—

[F63(a)subject to paragraph (2), if he is full-time student during the period of study;]

(b)if he is a prisoner on temporary release in accordance with the provisions of the Prison Act 1952 F64 or rules made under section 39(6) of the Prisons (Scotland) Act 1989 F65;

[F66(bb)if the period beginning on the date of claim and ending on the day before the beginning of the first week after the date of claim is less than 7 days, for that period, unless he is treated as available for employment for that period in accordance with regulation 14;]

(bc)[F67if he is on paternity leave or ordinary [F68or additional] adoption leave by virtue of section 75A [F69or 75B] of the Employment Rights Act 1996]

(c)if she is in receipt of maternity allowance or maternity pay in accordance with section 35 or sections 164-171 respectively of the Benefits Act.

[F70(2) Notwithstanding paragraph (1)(a), a full-time student shall be regarded as available for employment during the period of the summer vacation appropriate to his course, but only if the first and second conditions are satisfied.

(3) The first condition is satisfied if—

(a)in the case of a student with a partner, the partner is also a full-time student and either of them is treated as responsible for a child or a young person; or

(b)in any other case, the student is treated as responsible for a child or young person.

(4) The second condition is satisfied if the student is—

(a)available for employment in accordance with this Chapter; or

(b)treated as available for employment in accordance with regulation 14(1)(a) or (k).]

Textual Amendments

F67Reg. 15(bc) inserted (13.12.2002) by The Jobseeker’s Allowance (Amendment) Regulations 2002 (S.I. 2002/3072), reg. 1(a), reg. 5

Modifications etc. (not altering text)

Further circumstances in which a person is to be treated as available: permitted period

16.—(1) A person who is available for employment–

(a)only in his usual occupation;

(b)only at a level of remuneration not lower than that which he is accustomed to receive, or

(c)only in his usual occupation and at a level of remuneration not lower than that which he is accustomed to receive

may be treated for a permitted period as available for employment in that period.

(2) Whether a person should be treated as available for a permitted period and if so, the length of that permitted period shall be determined having regard to the following factors—

(a)the person’s usual occupation and any relevant skills or qualifications which he has;

(b)the length of any period during which he has undergone training relevant to that occupation;

(c)the length of the period during which he has been employed in that occupation and the period since he was so employed;

(d)the availability and location of employment in that occupation.

(3) A permitted period shall be for a minimum of one week and a maximum of 13 weeks and shall start on the date of claim and in this paragraph “week" means any period of 7 consecutive days.

Modifications etc. (not altering text)

Laid off and short-time workers

17.—(1) A person who is laid off shall be treated as available for employment providing he is willing and able to resume immediately the employment from which he has been laid off and to take up immediately any casual employment which is within daily travelling distance of his home or, if he falls within paragraph [F71(1), (1A) or (2)] of regulation 5, at the time specified in that regulation.

(2) [F72(a)] A person who is kept on short-time shall be treated as available for employment, providing he is willing and able to resume immediately the employment in which he is being kept on short-time and to take up immediately any casual employment which is within daily travelling distance of his home or, if he falls within paragraph (1) or (2) of regulation 5, at the time specified in that regulation in the hours in which he is not working short-time but the total number of hours for which he works and is available for casual employment must be at least 40 in any week unless paragraph (b) or (c) applies;

(b)[F73The total number of hours for which a person kept on short-time works and is available for casual employment may be less than 40 in any week if that person has imposed restrictions on his availability which are reasonable in the light of his physical or mental condition;

(c)The total number of hours for which a person kept on short-time works and is available for casual employment may be less than 40 in any week if he has caring responsibilities providing the total number of hours for which he works and is available for casual employment is as many as his caring responsibilities allow and for the specific hours those responsibilities allow and is at least 16 in any week;]

(3) A person shall not be treated as available for employment in accordance with this regulation for more than 13 weeks, starting with the day after the day he was laid off or first kept on short-time.

(4) A person who is laid off or kept on short-time may not be treated as available for employment for a permitted period in accordance with regulation 16, unless he ceases to be laid off or kept on short-time within 13 weeks of the day on which he was laid off or first kept on short time, in which case he may be treated as available for employment for a permitted period ending a maximum of 13 weeks after the date of claim.

(5) In paragraphs (3) and (4), “week" means any period of 7 consecutive days.

Textual Amendments

F72Reg. 17(2)(a) inserted, reg. 17(2) renumbered as reg. 17(2)(a), (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 6

Modifications etc. (not altering text)

[F74Further circumstances in which a person is to be treated as available: full-time students participating in a qualifying course]

[F7417A.—(1) A person to whom paragraph (2) applies shall, notwithstanding regulation [F7515(1)(a)], be treated as available for employment in accordance with paragraph (3).

(2) This paragraph applies to a person—

(a)who is aged 25 years or over; and

(b)[F76subject to paragraph (2A),] who has made a claim for a jobseeker’s allowance and has been receiving benefit within a jobseeking period for not less than 2 years as at the date he started, or is due to start, the qualifying course and for the purposes of this paragraph the linking provision set out in regulation 48 shall apply.

[F77(2A) A person who has been receiving benefit in accordance with paragraph (b) of the definition of “receiving benefit” in paragraphs (7) shall, for the purposes of paragraph (2)(b), be treated as having received benefit within a jobseeking period.]

(3) Subject to paragraph (4), where an employment officer has determined, having regard to the factors specified in paragraph (5), that a person to whom paragraph (2) applies may undertake a qualifying course, that person shall be treated as available for employment in any week in which he is undertaking the qualifying course as a full-time student and—

(a)which falls wholly or partly in term-time, providing he—

(i)provides evidence, as often as may be required by an employment officer, within 5 days of being so required by the employment officer, consisting of a document signed by him and on behalf of the establishment at which he is undertaking the qualifying course, confirming that he is attending the establishment when required to attend, in such form as may be required by the employment officer; and

(ii)provides evidence, as often as may be required by an employment officer, within 5 days of being so required by the employment officer, consisting of a document signed by him and on behalf of the establishment at which he is undertaking the qualifying course, confirming that he is making satisfactory progress on the course, in such form as may be required by the employment officer;

(b)in which he is taking examinations relating to the qualifying course; or

(c)which falls wholly in a vacation from the qualifying course, if he is willing and able to take up immediately any casual employment.

(4) In a case where the combined duration of—

(a)any qualifying course, other than one falling within paragraph (6), which a person to whom paragraph (2) applies has previously undertaken in respect of which he was, for any part of such qualifying course, treated as available for employment in accordance with paragraph (3); and

(b)the qualifying course which he is currently undertaking

is more than 1 year, the person shall only be treated as available for employment in accordance with paragraph (3) if he has been receiving benefit within a jobseeking period for not less than 2 years since the last day of the most recent such qualifying course in respect of which he was, for any part, treated as available in accordance with paragraph (3), and for the purposes of this paragraph the linking provision set out in regulation 48 shall apply.

(5) The factors which an employment officer must take into account when determining whether a person may undertake a qualifying course are—

(a)the skills, qualifications and abilities of that person;

(b)whether the course would assist him to acquire new skills and qualifications;

(c)whether he would have to give up a course of study in order to undertake this course;

(d)any needs arising from his physical or mental condition;

(e)the time which has elapsed since he was last engaged in employment as an employed earner or as a self-employed earner;

(f)his work experience;

(g)the number of jobs in the labour market and, if relevant, the local labour market, which require the skills and qualifications which he would acquire on the course; and

(h)any evidence about whether this course or this type of course has facilitated the obtaining by persons of work.

(6) A qualifying course falls within this paragraph if the person had good cause for any act or omission for the purposes of section 19(5)(b) in relation to that course.

“benefit" means income support, unemployment benefit or a jobseeker’s allowance and “receiving benefit" means receiving benefit which that person has claimed and received as an unemployed person or in accordance with Part I of the Act;

“casual employment" means employment from which the employee can be released without his giving any notice or, if he is required to give notice, employment from which he can be released before the end of the vacation;

“duration" in relation to a qualifying course means the period beginning with the start of the course and ending with the last day of the course;

“jobseeking period" means the period described in regulation 47 and any period treated as a jobseeking period pursuant to regulation 47A;

“last day" in relation to a qualifying course means the date on which the last day of the course falls, or the date on which the final examination relating to that course is completed, whichever is the later;

“qualifying course" means a course which—

(a)is an employment-related course;

(b)lasts no more than 12 consecutive months; and

(c)except where it falls within paragraph (8), is either—

(i)a course of a description falling within Schedule 2 to the Further and Higher Education Act 1992; or

(ii) programme of learning falling within section 6 of the Further and Higher Education (Scotland) Act 1992.

(7) In this regulation—

[F78“benefit” means

(a)

income support, unemployment benefit, a jobseeker’s allowance or any earnings credited to a person in accordance with regulation 8A or 9A of the Social Security (Credits) Regulations 1975 or which would be credited to a person in accordance with paragraph (1) of that regulation 9A but are not so credited by reason only of the fact that no further earnings are in his case required for the purpose mentioned in that paragraph; or

(b)

any earnings credited to a person for unemployment in accordance with regulation 9 of the Social Security (Credits) Regulations 1975 as it applied before 7th October 1996 and]

“receiving benefit" means [F79receiving–

(a)

benefit which that person has claimed and received as an unemployed person or in accordance with Part I of the Act [F80or in accordance with regulation 9A of the Social Security (Credits) Regulations 1975]; or

(b)

income support which that person has claimed and received as an asylum seeker pursuant to regulation 70(3A) of the Income Support Regulations but only to the extent that–

(i)

any periods in respect of which he was in receipt of income support as an asylum seeker pursuant to regulation 70(3A) of the Income Support Regulations link with the jobseeking period which includes the date on which he started, or is due to start, the qualifying course and for this purpose, such periods shall link where they are separated by a period of 12 weeks or less in respect of which he was not in receipt of income support; and

(ii)

he is, at the date he started, or is due to start, the qualifying course, a person to whom paragraph (7A) applies;]

“casual employment" means employment from which the employee can be released without his giving any notice or, if he is required to give notice, employment from which he can be released before the end of the vacation;

“duration" in relation to a qualifying course means the period beginning with the start of the course and ending with the last day of the course;

“jobseeking period" means the period described in regulation 47 and any period treated as a jobseeking period pursuant to regulation 47A;

“last day" in relation to a qualifying course means the date on which the last day of the course falls, or the date on which the final examination relating to that course is completed, whichever is the later;

“qualifying course" means a course which—

(a)is an employment-related course;

(b)lasts no more than 12 consecutive months; and

(c)except where it falls within paragraph (8), is either—

(i)a course of a description falling within Schedule 2 to the Further and Higher Education Act 1992;or

(ii)a programme of learning falling within section 6 of the Further and Higher Education (Scotland) Act 1992

[F81(7A) Subject to paragraph (7B), this paragraph shall apply in the case of a person–

(a)who–

(i)is a refugee within the definition of Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967; or

(ii)has been granted exceptional leave–

(aa)to enter the United Kingdom by an immigration officer appointed for the purposes of the Immigration Act 1971; or

(bb)to remain in the United Kingdom by the Secretary of State; and

(b)who was in receipt of income support as an asylum seeker pursuant to regulation 70(3A) of the Income Support Regulations at any time during the period of 12 weeks immediately preceding the beginning of the jobseeking period which includes the date on which he started, or is due to start, the qualifying course.]

[F81(7B) Paragraph (7A) shall include a person who has been recorded as a refugee by the Secretary of State within the definition in sub-paragraph (a) of that paragraph and whose claim for income support was determined in accordance with regulation 21ZA(2) or (3) of the Income Support Regulations (treatment of refugees).]

(8) A course or a programme of learning which is of a standard above that of a course or programme of learning falling within paragraph (c) of the definition of “qualifying course" falls within this paragraph if an employment officer so determines in a particular case.]

Textual Amendments

Modifications etc. (not altering text)

[F82Further circumstances in which a person is to be treated as available: lone parents with children aged 5 not in full-time education

17B  A lone parent shall be treated as available for employment in any week where—

(a)the lone parent is responsible for, and a member of the same household as, a child who is aged 5;

(b)the child—

(i)is nor receiving full-time education by regular attendance at school or otherwise; and

(ii)is not required by law to receive full-time education; and

(c)it would be unreasonable for the lone parent to make other arrangements for the care of that child.]

Textual Amendments