The Jobseeker’s Allowance Regulations 1996

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) In order to be regarded as available for employment—

(a) a person who has caring responsibilities is not required to be able to take up employment immediately, providing he is willing and able to take up employment on being given 48 hours' notice; and

(b) a person who is engaged in voluntary work 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.]

(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 section 49 of the Employment Protection (Consolidation) Act 1978 F2 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 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 (1) or (2) a person is not required to be able to take up employment immediately, the [F3 one week,] 48 hour and 24 hour periods referred to in those paragraphs include periods when in accordance with regulation 7 or 13 he is not available.

[F4 (6) In this regulation “week” means any period of seven consecutive days.]

Textual Amendments

F1 Reg. 5(1) substituted (1.1.2003) by The Jobseeker’s Allowance (Amendment) Regulations 2002 (S.I. 2002/3072), regs. 1(b), 3(a)

F2 1978 c.44; section 49 was amended by the Employment Act 1982, section 20 and paragraph 3 of schedule 2.

F3 Words in reg. 5(5) inserted (1.1.2003) by The Jobseeker’s Allowance (Amendment) Regulations 2002 (S.I. 2002/3072), regs. 1(b), 3(b)

F4 Reg. 5(6) inserted (1.1.2003) by The Jobseeker’s Allowance (Amendment) Regulations 2002 (S.I. 2002/3072), regs. 1(b), 3(c)