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

to take up employment on being given 28 days notice; and

to attend for interview in connection with the opportunity of any such employment on being given 7 days notice.

the times at which he is available to take up employment (his “pattern of availability") are such as to afford him reasonable prospects of securing employment;

his pattern of availability is recorded in his jobseeker’s agreement and any variations in that pattern are recorded in a varied agreement and

his prospects of securing employment are not reduced considerably by the restriction imposed by his pattern of availability.

his skills, qualifications and experience;

the type and number of vacancies within daily travelling distance from his home;

the length of time for which he has been unemployed;

the job applications which he has made and their outcome;

if he wishes to place restrictions on the nature of the employment for which he is available, whether he is willing to move home to take up employment.

he falls within paragraph (2)

he has restricted the total number of hours for which he is available in accordance with regulation 7(2), F2613(3), (3A) or (4) or 17(2); and

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 paragraph F27(1), (1A), (2) or (3) of regulation 5, at the time specified in that paragraph and providing he complies with the requirements of regulation 6.

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 allowanceF28, incapacity benefit or employment and support allowance 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 F29 or

he has restricted the total number of hours for which he is available in accordance with regulation 7(2), F3413(3), (3A) or (4) or 17(2); and

the hours in which he is engaged in voluntary work fall in whole or in part within his pattern of availability.

on being given one week’s notice, he is willing and able to re-arrange the hours in which he is engaged in voluntary work in order to take up employment at times falling within his pattern of availability; and

on being given 48 hours' notice, he is willing and able to re-arrange the hours in which he is engaged in voluntary work in order to attend for interview at times falling within his pattern of availability in connection with the opportunity of any such employment; and

he complies with the requirements of regulation 6.

is the subject of a parenting order concerning that child under section 8 of the Crime and Disorder Act 1998, section 20 of the Anti-social Behaviour Act 2003 (“the 2003 Act”), or in relation to Scotland, under section 102 of the Antisocial Behaviour etc. (Scotland) Act 2004, or

has entered into a parenting contract concerning that child under section 19 of the 2003 Act,

in that week he is available for employment for as many hours as his caring responsibilities allow and for the specific hours that those responsibilities allow and

he has reasonable prospects of securing employment notwithstanding that restriction and

he is available for employment of at least 16 hours in that week.

the particular hours and days spent in caring;

whether the caring responsibilities are shared with another person;

the age and physical and mental condition of the person being cared for.

notwithstanding regulation 15(a), if he is participating 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;

if he is attending a residential work camp, for a maximum of 2 weeks and one such occasion in any period of 12 months;

if he is temporarily absent from Great Britain 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;

if he is engaged 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;

if he is a member of a couple and is 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;

if he is following an Open University course and is attending, as a requirement of that course, a residential course, for a maximum of one week per course;

if he is 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;

if he has been discharged from detention in a prison, remand centre or youth custody institution, for one week commencing with the date of his discharge;

if the period beginning on the date of claim and ending on the day before the beginning of the first week after the date of claim is less than 7 days and the circumstances in paragraph (2A) apply, for any part of that period when he is not treated as available for employment under any other provision of this regulation;

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;

notwithstanding regulation 15(a), if he is participating in a programme provided by the Venture Trust in pursuance of an arrangement made by F44the Scottish Ministers, for a maximum of 4 weeks and one such programme in any period of 12 months;

if he is treated as capable of work F45or as not having limited capability for work in accordance with regulation 55, for the period determined in accordance with that regulation;

if he is treated as capable of work F45or as not having limited capability for work in accordance with regulation 55A, for the period determined in accordance with that regulation;

if he is temporarily absent from Great Britain 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 one week;

if he is a member of a couple F47other than a joint-claim couple and he and his partner are both absent from Great Britain and 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.

if he is a member of a joint-claim couple and he and his partner are both absent from Great Britain and 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;

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.

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

if he is required to attend a court or tribunal as a justice of the peace, a party to any proceedings, a witness or a juror;

he is looking after a child for whom he has caring responsibilities during the child’s school holidays or another similar vacation period and it would be unreasonable for him to make other arrangements for the care of that child;

if there is a death or serious illness of a close relative or close friend of his;

if there is a domestic emergency affecting him or a close relative or close friend of his;

if there is a funeral of a close relative or close friend of his;

if he has caring responsibilities and the person being cared for has died;

for more than eight weeks,

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

where he is a prisoner as defined by regulation 85(4) (special cases).

subject to paragraph (2), if he is full-time student during the period of study;

if he is a prisoner on temporary release in accordance with the provisions of the Prison Act 1952 F64 or rules made under section 39(6) of the Prisons (Scotland) Act 1989 F65;

if the period beginning on the date of claim and ending on the day before the beginning of the first week after the date of claim is less than 7 days, for that period, unless he is treated as available for employment for that period in accordance with regulation 14;

F67if he is on paternity leave or ordinary F68or additional adoption leave by virtue of section 75A F69or 75B of the Employment Rights Act 1996

if she is in receipt of maternity allowance or maternity pay in accordance with section 35 or sections 164-171 respectively of the Benefits Act.

in the case of a student with a partner, the partner is also a full-time student and either of them is treated as responsible for a child or a young person; or

in any other case, the student is treated as responsible for a child or young person.

available for employment in accordance with this Chapter; or

treated as available for employment in accordance with regulation 14(1)(a) or (k).

only in his usual occupation;

only at a level of remuneration not lower than that which he is accustomed to receive, or

only in his usual occupation and at a level of remuneration not lower than that which he is accustomed to receive

the person’s usual occupation and any relevant skills or qualifications which he has;

the length of any period during which he has undergone training relevant to that occupation;

the length of the period during which he has been employed in that occupation and the period since he was so employed;

the availability and location of employment in that occupation.

A person who is kept on short-time shall be treated as available for employment, providing he is willing and able to resume immediately the employment in which he is being kept on short-time and to take up immediately any casual employment which is within daily travelling distance of his home or, if he falls within paragraph (1) or (2) of regulation 5, at the time specified in that regulation in the hours in which he is not working short-time but the total number of hours for which he works and is available for casual employment must be at least 40 in any week unless paragraph (b) or (c) applies;

F73The total number of hours for which a person kept on short-time works and is available for casual employment may be less than 40 in any week if that person has imposed restrictions on his availability which are reasonable in the light of his physical or mental condition;

The total number of hours for which a person kept on short-time works and is available for casual employment may be less than 40 in any week if he has caring responsibilities providing the total number of hours for which he works and is available for casual employment is as many as his caring responsibilities allow and for the specific hours those responsibilities allow and is at least 16 in any week;

who is aged 25 years or over; and

F76subject to paragraph (2A), who has made a claim for a jobseeker’s allowance and has been receiving benefit within a jobseeking period for not less than 2 years as at the date he started, or is due to start, the qualifying course and for the purposes of this paragraph the linking provision set out in regulation 48 shall apply.

in which he is taking examinations relating to the qualifying course; or

which falls wholly in a vacation from the qualifying course, if he is willing and able to take up immediately any casual employment.

any qualifying course, other than one falling within paragraph (6), which a person to whom paragraph (2) applies has previously undertaken in respect of which he was, for any part of such qualifying course, treated as available for employment in accordance with paragraph (3); and

the qualifying course which he is currently undertaking

the skills, qualifications and abilities of that person;

whether the course would assist him to acquire new skills and qualifications;

whether he would have to give up a course of study in order to undertake this course;

any needs arising from his physical or mental condition;

the time which has elapsed since he was last engaged in employment as an employed earner or as a self-employed earner;

his work experience;

the number of jobs in the labour market and, if relevant, the local labour market, which require the skills and qualifications which he would acquire on the course; and

any evidence about whether this course or this type of course has facilitated the obtaining by persons of work.

is an employment-related course;

lasts no more than 12 consecutive months; and

is an employment-related course;

lasts no more than 12 consecutive months; and

who was in receipt of income support as an asylum seeker pursuant to regulation 70(3A) of the Income Support Regulations at any time during the period of 12 weeks immediately preceding the beginning of the jobseeking period which includes the date on which he started, or is due to start, the qualifying course.

registration with an employment agency or employment business;

appointment of a third party to assist the person in question in finding employment;

seeking specialist advice, following referral by an employment officer, on how to improve the prospects of securing employment having regard to that person’s needs and in particular in relation to any mental or physical limitations of that person;

drawing up a curriculum vitae;

seeking a reference or testimonial from a previous employer;

drawing up a list of employers who may be able to offer employment to him with a view to seeking information from them on the availability of employment;

seeking information about employers who may be able to offer employment to him;

seeking information on an occupation with a view to securing employment in that occupation.

his skills, qualifications and abilities;

his physical or mental limitations;

the time which has elapsed since he was last in employment and his work experience;

the steps which he has taken in previous weeks and the effectiveness of those steps in improving his prospects of securing employment;

the availability and location of vacancies in employment;

any time during which he was engaged in voluntary work and the extent to which it may have improved his prospects of securing employment;

whether he is treated as available for employment under regulation 14;

whether he has applied for, or accepted, a place on, or participated in, a course or programme the cost of which is met in whole or in part out of central funds or by the European Community and the purpose of which is to assist persons to select, train for, obtain or retain employed earner’s employment or self-employed earner’s employment; and

where he had no living accommodation in that week the fact that he had no such accommodation and the steps which he needed to take and has in fact taken to seek such accommodation.

where, in taking the act, he acted in a violent or abusive manner,

where the act comprised the completion of an application for employment and he spoiled the application,

where by his behaviour or appearance he otherwise undermined his prospects of securing the employment in question,

the steps which it is reasonable for him to be expected to have to take include those referred to in regulation 18(2); and

regard shall be had to all the circumstances of the case, including those matters referred to in regulation 18(3).

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;

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;

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;

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;

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;

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;

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;

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);

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

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;

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 F91the Scottish Ministers, for a maximum of 4 weeks and one such programme in any period of 12 months;

in any week during which he is for not less than 3 days treated as capable of work F92or as not having limited capability for work in accordance with regulation 55;

in any week during which he is for not less than 3 days treated as capable of work F92or as not having limited capability for work in accordance with regulation 55A;

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;

if he is a member of a couple F94other 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;

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;

in any week during which he is treated as available for employment on not less than 3 days under regulation F9614(2) or (2ZA);

in any week during which he is participating for not less than 3 days in an employment or training programme for which a training allowance is not payable;

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

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.

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

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;

a maximum of 2 weeks; or

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

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.

for more than eight weeks,

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

where he is a prisoner as defined by regulation 85(4) (special cases).

only in his usual occupation,

only at a level of remuneration not lower than that which he is accustomed to receive, or

only in his usual occupation and at a level of remuneration not lower than that which he is accustomed to receive.

only in his usual occupation,

only at a level of remuneration not lower than that which he is accustomed to receive, or

only in his usual occupation and at a level of remuneration not lower than that which he is accustomed to receive.

a jobseeker’s allowance may be claimed by either member of a couple, or

entitlement to a jobseeker’s allowance or whether that allowance is payable and, if so, in what amount, is or may be affected by the circumstances of either member of a couple or any member of a polygamous marriage,

since making a claim for a jobseeker’s allowance or since he last provided a declaration in accordance with this paragraph he has either been available for employment or satisfied the circumstances to be treated as available for employment, save as he has otherwise notified the Secretary of State,

since making a claim for a jobseeker’s allowance or since he last provided a declaration in accordance with this paragraph he has either been actively seeking employment to the extent necessary to give him his best prospects of securing employment or he has satisfied the circumstances to be treated as actively seeking employment, save as he has otherwise notified the Secretary of State, and

since making a claim for a jobseeker’s allowance or since he last provided a declaration in accordance with this paragraph there has been no change to his circumstances which might affect his entitlement to a jobseeker’s allowance or the F118... amount of such an allowance, save as he has notified the Secretary of State.

of any change of circumstances which has occurred which he might reasonably be expected to know might affect his entitlement to a jobseeker’s allowance F119or, in the case of a joint-claim couple, the entitlement of the couple to a joint-claim jobseeker’s allowance or the payability or amount of such an allowance; and

of any such change of circumstances which he is aware is likely so to occur,

if F127a claimant fails to attend on the day specified in a F128notification under regulation 23 F129or 23A, other than a F128notification requiring attendance under an employment programme or a training scheme;

if F131that claimant was required to provide a signed declaration as referred to in regulation 24(6) and he fails to provide it on the day on which he ought to do so in accordance with regulation 24(10).

whether the claimant misunderstood the requirement on him due to any learning, language or literacy difficulties of the claimant or any misleading information given to the claimant by an employment officer;

whether the claimant was attending a medical or dental appointment, or accompanying a person for whom the claimant has caring responsibilities to such an appointment, and whether it would have been unreasonable, in the circumstances, to rearrange the appointment;

any difficulty with the claimant’s normal mode of transport and whether there was any reasonable available alternative;

the established customs and practices of the religion, if any, to which the claimant belongs;

whether the claimant was attending an interview for employment.