The Jobseeker’s Allowance Regulations 1996

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Circumstances in which a person is to be treated as actively seeking employment

19.—(1) A person shall be treated as actively seeking employment in the following circumstances, subject to [F1paragraphs (2) and (2A)] and to any maximum period specified in this paragraph—

(a)in any week during which he is participating for not less than 3 days 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;

[F2(aa)for any period for which he is treated as available for employment under regulation 14(1)(aa) (traineeships);]

(b)in any week during which he is attending for not less than 3 days a residential work camp, for a maximum of 2 weeks and one such occasion in any period of 12 months;

(c)in any week during which he is temporarily absent from Great Britain for not less than 3 days 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)in any week during which he is engaged for not less than 3 days 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, in any week during which he is for not less than 3 days 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, in any week during which he is attending for not less than 3 days, as a requirement of that course, a residential course, for a maximum of one week per course;

(g)in any week during which he is for not less than 3 days 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)in the first week after the date of claim if he is treated as available for employment to any extent in that week under regulation 14(1)(h);

[F3(i)for any period if he is treated as available for employment to any extent in that period under regulation 14(1)(h);]

[F4(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)in any week during which he is participating for not less than 3 days in a programme provided by the Venture Trust in pursuance of an arrangement made by [F5the Scottish Ministers], for a maximum of 4 weeks and one such programme in any period of 12 months;

(l)in any week during which he is for not less than 3 days treated as capable of work [F6or as not having limited capability for work] in accordance with regulation 55;

[F7(lzl)in any week during which he is treated as capable of work or as not having limited capability for work under regulation 55ZA unless it would be reasonable for him to take steps in that week to seek employment and he has not taken such steps;]

[F8(ll)in any week during which he is for not less than 3 days treated as capable of work [F6or as not having limited capability for work] in accordance with regulation 55A;]

(m)in any week during which he is temporarily absent from Great Britain for not less than 3 days in order 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 1 week;

(n)if he is a member of a couple [F9other than a joint-claim couple], in any week during which he and his partner are both absent from Great Britain for not less than 3 days and in which 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;

[F10(nn)if he is a member of a joint-claim couple, in any week during which he and his partner are both absent from Great Britain for not less than 3 days and in which 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;]

(o)in any week during which he is treated as available for employment on not less than 3 days under regulation [F1114(2) or (2ZA)];

(p)in any week in respect of which he has given notice to an employment officer, in writing if so required by the employment officer, that—

(i)he does not intend to be actively seeking employment, but

(ii)he does intend to reside at a place other than his usual place of residence for at least one day;

(q)in any week during which he is participating for not less than 3 days in an employment or training programme [F12(other than Work Experience)] for which a training allowance is not payable;

[F13(r)in any week, being part of a single period not exceeding 8 weeks falling within a period of continuous entitlement to a jobseeker’s allowance, during which he is taking active steps to establish himself in self-employed earner’s employment under any scheme for assisting persons to become so employed—

(i)where, in Wales, his participation under the scheme is attributable to arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973

(ii)where, in Scotland, the scheme—,

(aa)is established by virtue of arrangements made by [F14Skills Development Scotland,] Scottish Enterprise or Highlands and Islands Enterprise under section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 or

(bb)is directly or indirectly provided by, or with financial assistance from, the Secretary of State,

(iii)where, in England, the scheme is directly or indirectly provided by, or with financial assistance from, the Secretary of State, the [F15Urban Regeneration Agency] [F15Homes and Communities Agency], an urban development corporation or a housing action trust,

and the single period referred to above shall begin with the week in which he is accepted on a place under the scheme.]

[F16(s)for any period if he is treated as available for employment to any extent in that period under regulation 14(l)(o).]

[F17(t)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.]

[F18(u)if he is temporarily absent from Great Britain in the circumstances prescribed in regulation 50(6AA) or, as the case may be (6C).]

[F19(v)in any week during which he is, for not less than three days, required to attend a court or tribunal as a justice of the peace, a party to any proceedings, a witness or a juror;

(w)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).]

[F20(x)in any week during which he is treated as available for employment under regulation 14A.]

[F21(y)in any week during which he is engaged for not less than 3 days in training as a member of a reserve force prescribed in Part 1 of Schedule 6 to the Contributions Regulations, either—

(i)if he is engaged in his first year of training, for a maximum of 43 days in that year; or

(ii)if he is engaged in annual continuous training, for a maximum of 15 days in any calendar year.]

(2) In any period of 12 months a person shall be treated as actively seeking employment under paragraph (1)(p) only for the number of weeks specified in one of the following sub-paragraphs—

(a)a maximum of 2 weeks; or

(b)a maximum of 3 weeks during which he is attending for at least 3 days in each such week an Outward Bound course; or

(c)if he is a blind person, a maximum of 6 weeks during which, apart from a period of no more than 2 weeks, he participates for a maximum period of 4 weeks in a course of training in the use of guide dogs of which at least 3 days in each such week is spent in that training.

[F22(2A) A person shall not be treated as actively seeking employment under paragraph (1)(v)—

(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) In this regulation–

“employment or training programme" means a course or programme the person’s participation in which is attributable to arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 for the purpose of assisting persons to select, train for, obtain or retain employment;

“housing action trust" means a corporation established by an order of the Secretary of State pursuant to section 62(1) of the Housing Act 1988 F23;

“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;

[F24“tribunal” means any tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992;]

“urban development corporation" means a corporation established by an order of the Secretary of State pursuant to section 135(1) of the Local Government, Planning and Land Act 1980 F25;

[F26“Urban Regeneration Agency" means the agency referred to in section 158(1) of the Leasehold Reform, Housing and Urban Development Act 1993 F27.]

Textual Amendments

F1Words in reg. 19(1) substituted (30.5.2006) by The Social Security (Income Support and Jobseeker’s Allowance) Amendment Regulations 2006 (S.I. 2006/1402), regs. 1, 2(4)(a)

F2Reg. 19(1)(aa) inserted (27.3.2015) by The Social Security (Traineeships and Qualifying Young Persons) Amendment Regulations 2015 (S.I. 2015/336), regs. 1, 2(5)

F3Reg. 19(1)(i) inserted (30.11.1999) by The Jobseeker’s Allowance (Amendment) (No. 2) Regulations 1999 (S.I. 1999/3087), regs. 1(1), 5(2)

F4Reg. 19(1)(j) substituted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 7(3)

F5Words in reg. 19(1)(k) substituted (14.4.2008) by The Social Security (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/698), regs. 1(1), 4(6)

F6Words in reg. 19(1)(l)(ll) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(5)

F7Reg. 19(1)(lzl) inserted (30.3.2015) by The Jobseeker’s Allowance (Extended Period of Sickness) Amendment Regulations 2015 (S.I. 2015/339), regs. 1, 2(3)

F8Reg. 19(1)(ll) inserted (4.10.2004) by The Social Security (Income Support and Jobseeker’s Allowance) Amendment Regulations 2004 (S.I. 2004/1869), regs. 1, 3(3)(a)

F9Words in reg. 19(1)(n) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims: Consequential Amendments) Regulations 2000 (S.I. 2000/3336), regs. 1, 2(5)

F10Reg. 19(1)(nn) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims: Consequential Amendments) Regulations 2000 (S.I. 2000/3336), regs. 1, 2(6)