11.—(1) If in any week a person is a part-time student and
(a)he falls within paragraph (2)
(b)he has restricted the total number of hours for which he is available in accordance with regulation 7(2), [F113(3), (3A) or (4)][F2, 13A] or 17(2); and
(c)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 [F3(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.
(2) A person falls within this paragraph if
(a)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[F4, 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 F5 or
(b)during the period of 6 months falling immediately before the date on which he first attended the course of study he was
(i)for a period, or periods in the aggregate, of not less than 3 months in receipt of jobseeker’s allowance[F4, incapacity benefit or employment and support allowance] or 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 and
(ii)after the period referred to in (i), or in the case of periods in the aggregate, after the first such period and throughout the remainder of the 6 months for which that sub-paragraph did not apply to him, engaged in remunerative work or other work the emoluments of which are such as to disentitle him from receipt of jobseeker’s allowance[F4, incapacity benefit or employment and support allowance] or from receipt of income support which would have been payable because he fell within paragraph 7 of Schedule 1B to the Income Support Regulations
and the period of 3 months referred to in sub-paragraph (i) or, as the case may be, the period of 6 months referred to in sub-paragraph (ii), fell wholly after the terminal date.
(3) In this regulation, “training" means training for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible [F6[F7secured in England by the Young People’s Learning Agency for England or Chief Executive of Skills Funding and in Wales by the Welsh Ministers], and, in Scotland, provided] directly or indirectly by a Local Enterprise Company pursuant to its arrangement with, as the case may be, [F8Skills Development Scotland,] Scottish Enterprise or Highlands and Islands Enterprise (whether that arrangement is known as an Operating Contract or by any other name).
Textual Amendments
F1Words in reg. 11(1)(b) substituted (24.11.2008) by The Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2008 (S.I. 2008/3051), regs. 1(2), 11(5)(a) (with reg. 13)
F2Word in reg. 11(1)(b) inserted (26.4.2010) by The Jobseeker’s Allowance (Lone Parents) (Availability for Work) Regulations 2010 (S.I. 2010/837), regs. 1(2), 2(6)
F3Words in reg. 11(1) substituted (24.11.2008) by The Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2008 (S.I. 2008/3051), regs. 1(2), 11(5)(b) (with reg. 13)
F4Words in reg. 11(2) substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(3)
F5Schedule 1B was inserted by regulation 3 of and Schedule 1 to the Income Support (General) (Jobseeker's Allowance Consequential Amendments) Regulations 1996, S.I. 1996/206.
F6Words in reg. 11(3) substituted (26.3.2001) by The Jobseeker’s Allowance (Amendment) Regulations 2001 (S.I. 2001/1434), regs. 1(2), 2(3)
F7Words in reg. 11(3) substituted (1.9.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England) Order 2010 (S.I. 2010/1941), arts. 1, 5(3)
F8Words in reg. 11(3) inserted (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(2), 4(3)(b)
Modifications etc. (not altering text)
C1Reg. 5 heading modified (22.11.2010) by The Jobseeker’s Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010 (S.I. 2010/1222), regs. 1(2), 12(2)(a)