The Jobseeker’s Allowance Regulations 1996

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

15.  A person shall not be regarded as available for employment in the following circumstances—

(a) if he is a full-time student during the period of study unless he has a partner who is also a full-time student, if either he or his partner is treated as responsible for a child or a young person, but this exception shall apply only for the period of the summer vacation appropriate to his course and providing he is available for employment in accordance with the provisions of this Chapter or unless he is treated as available in accordance with regulation 14(1)(a) or 14(1)(k);

(b) if he is a prisoner on temporary release in accordance with the provisions of the Prison Act 1952 F1 or rules made under section 39(6) of the Prisons (Scotland) Act 1989 F2 ;

[F3 (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) [F4 if he is on paternity leave or ordinary adoption leave by virtue of section 75A 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.

Textual Amendments

F1 1952 c.52.

F2 1989 c.45

F3 Reg. 15(bb) inserted (11.3.1997) by The Social Security (Jobseekers Allowance and Mariners Benefits) (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/563), regs. 1(1), 3

F4 Reg. 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)

C1 Reg. 15(a) modified (temp.) (30.11.1998) by The Social Security (New Deal Pilot) Regulations 1998 (S.I. 1998/2825), regs. 1(1), 8 (with reg. 1(2))

C2 Reg. 15(a) modified (temp.) (29.11.1999) by The Social Security (New Deal Pilot) Regulations 1999 (S.I. 1999/3156), regs. 1(1), 8 (with regs. 1(2), 19)

C3 Reg. 15(a) modified (temp. from 28.11.2000 until 27.11.2001) by The Social Security (New Deal Pilot) Regulations 2000 (S.I. 2000/3134), regs. 1(1)(b), 8(1)(a) (with reg. 19)