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

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), F713(3) 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 (1), (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 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 F8 or

he has restricted the total number of hours for which he is available in accordance with regulation 7(2), 13(3) 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.

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 the Secretary of State for the Home Department with the Trust, for a maximum of 4 weeks and one such programme in any period of 12 months;

if he is treated as capable of work in accordance with regulation 55, for the period determined in accordance with that regulation;

if he is treated as capable of 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 F18other 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;

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).

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;

F33The 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

F35subject 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.