The Jobseeker’s Allowance Regulations 1996

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

15.— [F1 (1)] A person shall not be regarded as available for employment in the following circumstances—

[F2 (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 F3 or rules made under section 39(6) of the Prisons (Scotland) Act 1989 F4 ;

[F5 (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) [F6 if he is on paternity leave or ordinary [F7 or additional] adoption leave by virtue of section 75A [F8 or 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.

[F9 (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

F1 Reg. 15(1): reg. 15 renumbered as reg. 15(1) (9.7.2008) by The Social Security (Students Responsible for Children or Young Persons) Amendment Regulations 2008 (S.I. 2008/1826), regs. 1, 3(2)

F2 Reg. 15(1)(a) substituted (9.7.2008) by The Social Security (Students Responsible for Children or Young Persons) Amendment Regulations 2008 (S.I. 2008/1826), regs. 1, 3(3)

F3 1952 c.52.

F4 1989 c.45

F5 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

F6 Reg. 15(bc) inserted (13.12.2002) by The Jobseeker’s Allowance (Amendment) Regulations 2002 (S.I. 2002/3072), reg. 1(a), reg. 5

F7 Words in reg. 15(bc) inserted (14.4.2008) by The Social Security (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/698), regs. 1(1), 4(5)(a)

F8 Words in reg. 15(bc) inserted (14.4.2008) by The Social Security (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/698), regs. 1(1), 4(5)(b)

F9 Reg. 15(2)-(4) added (9.7.2008) by The Social Security (Students Responsible for Children or Young Persons) Amendment Regulations 2008 (S.I. 2008/1826), regs. 1, 3(4)

Modifications etc. (not altering text)

C1 Reg. 5 heading modified (22.11.2010) by The Jobseeker’s Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010 (S.I. 2010/1222), regs. 1(2), 12(2)(a)