Jobseekers Act 1995

F1 7 Actively seeking employment. E+W+S

[F2 (1) For the purposes of this Act, a person is actively seeking employment in any week if he takes in that week such steps as he can reasonably be expected to have to take in order to have the best prospects of securing employment.

(2) Regulations may make provision—

(a) with respect to steps which it is reasonable, for the purposes of subsection (1), for a person to be expected to have to take in any week;

(b) as to circumstances (for example, his skills, qualifications, abilities and physical or mental limitations) which, in particular, are to be taken into account in determining whether, in relation to any steps taken by a person, the requirements of subsection (1) are satisfied in any week.

(3) Regulations may make provision for acts of a person which would otherwise be relevant for purposes of this section to be disregarded in such circumstances (including circumstances constituted by, or connected with, his behaviour or appearance) as may be prescribed.

(4) Regulations may prescribe circumstances in which, for the purposes of this Act, a person is to be treated as actively seeking employment.

(5) Regulations under subsection (4) may, in particular, provide for a person who is actively seeking 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,

to be treated, for the permitted period determined in his case for the purposes of section 6(5), as actively seeking employment during that period.

(6) Regulations may provide for this section, and any regulations made under it, to have effect in relation to a person who has reached the age of 16 but not the age of 18 as if “employment” included “training".

(7) Where it has been determined [F3 (“the first determination")] that a person is to be treated, for the purposes of this Act, as actively seeking employment in any week, the question whether he is actively seeking employment in that week may subsequently be determined [F4 under section 9 or 10 of the Social Security Act 1998].

(8) For the purposes of this section—

• “employment” means employed earner’s employment or, in prescribed circumstances—

(a) self-employed earner’s employment; or

(b) employed earner’s employment and self-employed earner’s employment; and

“employed earner’s employment” and “self-employed earner’s employment” have the same meaning as in the Benefits Act.]

Textual Amendments

F1 Ss. 6-6L substituted for ss. 6-10 (25.2.2013 for specified purposes, 29.4.2013 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by Welfare Reform Act 2012 (c. 5), ss. 49(3), 150(3); S.I. 2013/358, art. 2(1), Sch. 1 para. 11; S.I. 2013/983, art. 7(1)(b) (with art. 7(2)) (as amended: (1.7.2013) by S.I. 2013/1511, art. 6)

F2 Ss. 6-6L substituted for ss. 6-10 (25.2.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), ss. 49(3), 150(3); S.I. 2013/358, art. 2(1), Sch. 1 para. 11

F3 Words in s. 7(7) repealed (18.10.1999 for specified purposes and otherwiseprosp.) by 1998 c. 14, ss. 86, 87(2), Sch. 7 para. 135(a), Sch. 8; S.I. 1999/2860, art. 2(c), Sch. 1 (subject to transitional provisions in Schs. 16-18) (as amended (25.11.1999) by S.I. 1999/3178, art. 3(20), Sch. 20 paras. 1(a), 2(a))

F4 Words in s. 7(7) substituted (18.10.1999 for specified purposes and otherwiseprosp.) by 1998 c. 14, ss. 86(1), 87(2), Sch. 7 para. 135(b); S.I. 1999/2860, art. 2(c), Sch. 1 (subject to transitional provisions in Schs. 16-18) (as amended (25.11.1999) by S.I. 1999/3178, art. 3(20), Sch. 20 paras. 1(a), 2(a))

Commencement Information

I1 S. 7 wholly in force at 7.10.1996; s. 7 not in force at Royal Assent, see s. 41(2); s. 7(2)(3)(4)(5)(6)(8) in force (12.12.1995) for the purpose of authorising the making of regulations by S.I. 1995/3228, art. 2(b), Sch.; s. 7 in force (7.10.1996) in so far as not already in force by S.I. 1996/2208, art. 2(b)