11.—(1) If in any week a person is a part-time student and—
(a)he falls within paragraph (2);
(b)he has restricted the total number of hours for which he is available in accordance with regulation 7(2), 13(4) or 17(2) (restrictions on availability or laid off and short-time workers), and
(c)the hours of his course of study fall in whole or in part within his pattern of availability,
in determining whether he is available for employment no matter relating to his course of study shall be relevant providing he is willing and able to re-arrange the hours of his course in order to take up employment at times falling within his pattern of availability, to take up such employment immediately or, if he falls within regulation 5(1), (2) or (3) (exceptions to requirement to be available immediately) at the time specified in that paragraph and providing he complies with the requirements of regulation 6 (employment of at least 40 hours per week).
(2) A person falls within this paragraph if—
(a)for a continuous period of not less than 3 months falling immediately before the date on which he first attended the course of study he was in receipt of jobseeker’s allowance or incapacity benefit or was on a course of training or he was in receipt of income support and he fell within paragraph 7 of Schedule 1B to the Income Support Regulations(1), or
(b)during the period of 6 months falling immediately before the date on which he first attended the course of study he was—
(i)for a period, or periods in the aggregate, of not less than 3 months in receipt of jobseeker’s allowance or incapacity benefit or on a course of training or he was in receipt of income support and he fell within paragraph 7 of Schedule 1B to the Income Support Regulations, and
(ii)after the period referred to in head (i), or in the case of periods in the aggregate, after the first such period and throughout the remainder of the 6 months for which that head did not apply to him, engaged in remunerative work or other work the emoluments of which are such as to disentitle him from receipt of jobseeker’s allowance or incapacity benefit or from receipt of income support which would have been payable because he fell within paragraph 7 of Schedule 1B to the Income Support Regulations,
and the period of 3 months referred to in head (i) or, as the case may be, the period of 6 months referred to in head (ii), fell wholly after the terminal date.
(3) In this regulation, “training” means training for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible provided in Northern Ireland directly or indirectly by a Training Organisation pursuant to its arrangement with the Department of Economic Development whether that agreement is known as an Operating Agreement or by any other name.
Schedule 1B was inserted by regulation 22 of, and Schedule 1 to, S.R. 1996 No. 199