Persons not required to be available for employment
8.—(1) A person, other than one to whom regulation 10(1)(h) applies (circumstances in which a person is to be treated as available for employment), to whom any paragraph of Schedule 1 (persons not required to be available for employment) applies in any week shall not be required to be available for employment in that week.
(2) A person, other than one to whom regulation 10(1)(h) applies, to whom none of the provisions of Schedule 1 other than paragraph 5 applies, shall, where—
(a)a medical practitioner to whom the question of that person’s incapacity for work by reason of some disease or bodily or mental disablement has been referred under regulation 8 of the Social Security (Adjudication) Regulations 1986(1) (medical references) is of the opinion that the person is not so incapable; and
(b)that person’s medical practitioner continues to supply evidence of his incapacity for work in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976(2) (evidence of incapacity for work); and
(c)that person has made and is pursuing an appeal against the determination of an adjudication officer that he is not so incapable; and
(d)that person, were he required to be available for employment, would not be treated as so available under regulation 9(1) (persons treated as available for employment),
not be required to be available for employment pending the determination of his appeal.