SCHEDULE 1PERSONS NOT REQUIRED TO BE AVAILABLE FOR EMPLOYMENT

Regulation 8

Lone parentsI11

A person who is a lone parent and responsible for a child who is a member of his household.

Annotations:
Commencement Information
I1

Sch. 1 para. 1 in force at 11.4.1988, see reg. 1

Single persons looking after foster childrenI22

A single claimant or a lone parent with whom a child is boarded out by a local authority or voluntary organisation within the meaning of the Child Care Act 1980 F1 or, in Scotland, the Social Work (Scotland) Act 1968 F2.

Annotations:
Commencement Information
I2

Sch. 1 para. 2 in force at 11.4.1988, see reg. 1

Amendments (Textual)

Persons temporarily looking after another personI33

A person who is—

a

looking after a child because the parent of that child or the person who usually looks after him is ill or is temporarily absent from his home; or

b

looking after a member of the family who is temporarily ill.

Annotations:
Commencement Information
I3

Sch. 1 para. 3 in force at 11.4.1988, see reg. 1

Persons caring for another personI44

A person who is regularly and substantially engaged in caring for another person if—

a

the person doing the caring is in receipt of an invalid care allowance under section 37 of the Social Security Act F3; or

b

the person being cared for is in receipt of attendance allowance under section 35 of that Act; or

c

the person being cared for has claimed attendance allowance under that section but only for the period up to the date of determination of that claim, or the period of 26 weeks from the date of that claim, whichever date is the earlier.

Annotations:
Commencement Information
I4

Sch. 1 para. 4 in force at 11.4.1988, see reg. 1

Amendments (Textual)
F3

1975 c. 14; subsection (3) of section 37 amended by sections 37, 86 and Schedule 11 of the Social Security Act 1986 (c. 50).

Persons incapable of workI5F95

A person who provides evidence of incapacity in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976 (evidence of incapacity for work) in support of a claim for sickness benefit, invalidity pension or severe disablement allowance within the meaning of sections 14, 15 or 36 of the Social Security Act, provided that an adjudication officer has not determined that that person is not incapable of work, or a person who is in receipt of statutory sick pay within the meaning of Part I of the Social Security and Housing Benefits Act 1982.

Disabled workersI66

A person who is mentally or physically disabled and whose earning capacity is, by reason of that disability, reduced to 75 per cent or less of what he would, but for that disability, be reasonably expected to earn.

Annotations:
Commencement Information
I6

Sch. 1 para. 6 in force at 11.4.1988, see reg. 1

Disabled students

I7F147

A person who is a student and whose applicable amount includes the disability premium or severe disability premium.

7A

1

A person who is a student who—

a

immediately before 1st September 1990 was in receipt of income support by virtue of paragraph 7 as then in force; or

b

on or after that date makes a claim for income support and at a time during the period of 18 months immediately preceding the date of that claim was in receipt of income support either by virtue of that paragraph or regulation 13 (2) (b),

but this paragraph shall cease to apply where the person has ceased to be in receipt of income support for a continuous period of 18 months or more.

F157B

1

A person who is a student in respect of whom—

a

a supplementary requirement has been determined under paragraph 15 of Schedule 2 to the Education (Mandatory Awards) Regulations 1987 or the Education (Mandatory Awards) Regulations 1988, paragraph 12 of Schedule 2 to the Education (Mandatory Awards) Regulations 1989 or paragraph 12 of Schedule 2 to the Education (Mandatory Awards) Regulations 1990; or

b

an allowance or, as the case may be, bursary has been granted which includes a sum under paragraph (1)(d) of regulation 6 of the Students' Allowances (Scotland) Regulations 1987 or, as the case may be, the Education Authority Bursaries (Scotland) Regulations 1988 in respect of expenses incurred; or

c

a payment has been made under section 2 of the Education Act 1962,

on account of his disability by reason of deafness.

2

A student to whom sub-paragraph (1) applies shall be treated as satisfying that sub-paragraph from the date on which he made a request for the supplementary requirement, allowance, bursary or payment, as the case may be, or 1st September 1990, whichever is later.

Blind personsI88

A person who is a blind person registered in a register compiled by a local authority under section 29 of the National Assistance Act 1948 F4 (welfare services) or, in Scotland, who has been certified as blind in a register maintained by or on behalf of a regional or islands council, but a person who has ceased to be so registered on regaining his eyesight shall nevertheless be treated as so registered for a period of 28 weeks following the date on which he ceased to be so registered.

PregnancyI99

A woman who—

a

is incapable of work by reason of pregnancy; or

b

is or has been pregnant but only for the period commencing 11 weeks before her expected week of confinement and ending seven weeks after the date on which her pregnancy ends.

Annotations:
Commencement Information
I9

Sch. 1 para. 9 in force at 11.4.1988, see reg. 1

Persons in educationI1010

A person to whom any provision of regulation 13(2)(a) to (e) (persons receiving relevant education who are parents, persons severely handicapped, orphans and persons estranged from their parents or guardian) applies.

Annotations:
Commencement Information
I10

Sch. 1 para. 10 in force at 11.4.1988, see reg. 1

Training allowancesI1111

A person who is in receipt of a training allowance.

Annotations:
Commencement Information
I11

Sch. 1 para. 11 in force at 11.4.1988, see reg. 1

Open University studentsI1212

A person who is following an Open University course and is attending, as a requirement of that course, a residential course.

Annotations:
Commencement Information
I12

Sch. 1 para. 12 in force at 11.4.1988, see reg. 1

Persons within 10 years of pensionable ageI1313

A person F10aged not less than 50 who

a

has not been in remunerative work during the previous 10 years; and

b

has no prospect of future employment in remunerative work; and

c

during that period has not been required to be available for employment in accordance with section 20(3)(d)(i) of the Act (conditions of entitlement to income support), or would not have been so required had a claim to income support been made by or in respect of him.

Persons aged 60I1414

A person aged not less than 60.

Annotations:
Commencement Information
I14

Sch. 1 para. 14 in force at 11.4.1988, see reg. 1

Allowances under the Job Release Act 1977F11I1515

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

RefugeesI1616

F16... A person who is a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 F5 as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 F6 and who—

a

is attending for more than 15 hours a week a course for the purpose of learning English so that he may obtain employment; and

b

on the date on which that course commenced, had been in Great Britain for not more than 12 months,

but only for a period not exceeding nine months.

Persons required to attend courtI1717

A person who is required to attend court for any period exceeding two days as a justice of the peace, a party to any proceedings, a witness or a juror.

Annotations:
Commencement Information
I17

Sch. 1 para. 17 in force at 11.4.1988, see reg. 1

Discharged prisonersI1818

A person who has been discharged from detention in a prison, remand centre or youth custody institution but only for the period of seven days commencing with the date of his discharge.

Annotations:
Commencement Information
I18

Sch. 1 para. 18 in force at 11.4.1988, see reg. 1

Persons affected by a trade disputeI1919

A person to whom section 23 of the Act (trade disputes) applies or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by F7section 23A(b) of the Act (effect of return to work).

Persons from abroadI2020

A person to whom regulation 70(3) (applicable amount of certain persons from abroad) applies.

Annotations:
Commencement Information
I20

Sch. 1 para. 20 in force at 11.4.1988, see reg. 1

Persons in custodyI2121

A person remanded in, or committed in, custody for trial or for sentencing.

Annotations:
Commencement Information
I21

Sch. 1 para. 21 in force at 11.4.1988, see reg. 1

F8Member of couple looking after children while other member temporarily abroad22

A person who is a member of a couple and who is treated as responsible for a child who is a member of his household where the other member of that couple is temporarily F12not present in the United Kingdom.

F13Persons taking a child or young person abroad for treatment23

A person who is temporarily absent from Great Britain in the circumstances specified in regulation 4(3) (temporary absence abroad for the treatment of the child or young person).