SCHEDULE 1PERSONS NOT REQUIRED TO BE AVAILABLE FOR EMPLOYMENT
Lone parentsI11
A person who is a lone parent and responsible for a child who is a member of his household.
Single persons looking after foster childrenI22
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.
Persons caring for another personI4F164
1
A person (the carer)—
a
who is regularly and substantially engaged in caring for another person if—
i
the person being cared for is in receipt of attendance allowance under section 35 of the Social Security Act F20or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act; or
ii
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; or
F21iii
the person being cared for has claimed entitlement to a disability living allowance 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; or
b
who is engaged in caring for another person and who is in receipt of an invalid care allowance under section 37 of the Social Security Act.
2
If paragraph (1) ceases to apply to the carer, he shall not be required to be available for employment for a period of eight weeks from the date upon which that paragraph ceased to apply to him.
4A
A person who, had he previously made a claim for income support, would not have been required to be available for employment by reason of subparagraph (1) of paragraph 4 for a period of 8 weeks from the date upon which that sub-paragraph would have ceased to apply to him.
Persons incapable of workI5F75
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 workersI6F186
A person to whom regulation 6(a) (persons not treated as engaged in remunerative work) applies.
F17Persons in employment living in residential care homes, nursing homes or residential accommodation6A
A person to whom regulation 6(g) applies.
Disabled studentsI7F127
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.
F137B
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; F15or
d
a supplementary requirement has been determined under paragraph 15 of Schedule 7 to the Students Awards Regulations (Northern Ireland) 1987, paragraph 15 of Schedule 7 to the Students Awards Regulations (Northern Ireland) 1988, paragraph 12 of Schedule 7 to the Students Awards Regulations (Northern Ireland) 1990 or paragraph 12 of Schedule 7 to the Students Awards (No. 2) Regulations (Northern Ireland) 1990 or a payment has been made under article 50(3) of the Education and Libraries (Northern Ireland) Order 1986;
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 F2 (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.
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.
Training allowancesI1111
A person who is in receipt of a training allowance.
Open University studentsI1212
A person who is following an Open University course and is attending, as a requirement of that course, a residential course.
Persons within 10 years of pensionable ageI1313
A person F8aged 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.
Allowances under the Job Release Act 1977F9I1515
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
RefugeesI1616
F14... 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 F3 as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 F4 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 F19... as a justice of the peace, a party to any proceedings, a witness or a juror.
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.
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 F5section 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.
Persons in custodyI2121
A person remanded in, or committed in, custody for trial or for sentencing.
F6Member 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 F10not present in the United Kingdom.
F11Persons 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).