The Jobseeker’s Allowance Regulations 1996

Changes over time for: Section 14

Version Superseded: 06/04/2015

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Point in time view as at 30/03/2015. This version of this provision has been superseded.

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Circumstances in which a person is to be treated as available

14.—(1) A personF1... shall be treated as available for employment in the following circumstances for as long as those circumstances apply, subject to [F2paragraph (2B) and to] any maximum period specified in this paragraph—

(a)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;

[F3(aa)notwithstanding regulation 15(1)(a), if he is participating in a traineeship;]

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

(c)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;

(d)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;

(e)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;

(f)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;

(g)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;

(h)if he has been discharged from detention in a prison, remand centre or youth custody institution [F4and he is not given notice to participate in [F5a scheme prescribed in regulation 3 of the Jobseeker's Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013]], for one week commencing with the date of his discharge;

[F6(i)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;]

[F7(j)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;]

(k)notwithstanding regulation 15(a), if he is participating in a programme provided by the Venture Trust in pursuance of an arrangement made by [F8the Scottish Ministers], for a maximum of 4 weeks and one such programme in any period of 12 months;

(l)if he is treated as capable of work [F9or as not having limited capability for work] in accordance with regulation 55, [F1055ZA or 55A,] for the period determined in accordance with that regulation;

F11(ll). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m)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;

(n)if he is a member of a couple [F12other 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.

[F13(nn)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;]

[F14(o)if

(i)he is available for employment, or is treated as such, on the day he makes his claim for a jobseeker’s allowance; and

(ii)the Secretary of State has directed that the prescribed time for claiming a jobseeker’s allowance be extended under regulation 19(6) of the Claims and Payments Regulations where the circumstances specified in regulation 19(7)(d) of those Regulations applied in relation to an entitlement to incapacity benefit[F15, employment and support allowance] or an entitlement to income support by virtue of paragraph 7 of Schedule 1B to the Income Support Regulations,

for the period of that extension.]

[F16(p)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.]

[F17(q)if he is temporarily absent from Great Britain in the circumstances prescribed in regulation 50(6AA) or, as the case may be, (6C).]

[F18(r)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;

(s)if, for a maximum of 96 hours before being released, he is in—

(i)police detention within the meaning in section 118(2) of the Police and Criminal Evidence Act 1984 (general interpretation), or

(ii)legal custody within the meaning in section 295 of the Criminal Procedure (Scotland) Act 1995 (legal custody in Scotland) but is not a prisoner as defined by regulation 85(4) (special cases).]

[F19(t)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;

(u)he is looking after a child for whom he has caring responsibilities at a time when the child—

(i)is excluded from school or another educational establishment, and

(ii)is not receiving education pursuant to arrangements made by [F20a local authority (as defined in section 579 of the Education Act 1996)] or (in Scotland) an education authority, and

there are no other arrangements for the care of that child it would be reasonable for him to make]

[F21(v)if he is engaged in annual continuous training as a member of any territorial or reserve force prescribed in Part 1 of Schedule 6 to the Contributions Regulations, for a maximum of 15 days in any calendar year.]

(2) [F22Subject to [F23paragraphs (2ZB), (2ZC) and (2ZD)],] a personF24... shall be treated as available for employment in the following circumstances—

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

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

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

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

for the time required to deal with the emergency or other circumstance and for a maximum of one week on the occurrence of any of the circumstances set out in sub-paragraphs (a) to (d), or any combination of those circumstances, and on no more than 4 such periods in any period of 12 months.

[F25(2ZA) A person who has caring responsibilities in relation to a child may be treated as available for employment for more than one week, but for no more than 8 weeks, on the occurrence of any of the circumstances set out in paragraph (2)(a) or (b), or any combination of those circumstances, but on no more than one occasion in any period of 12 months.

(2ZB) Where a claimant has been treated as available for employment under paragraph (2ZA) in any period of 12 months, the first week in which he is so treated shall count towards the 4 periods allowable under paragraph (2).]

[F26(2ZC) A person who has recently become homeless shall be treated as available for employment under paragraph (2)(b) only where he takes such steps as are reasonable for him to take to find living accommodation.

(2ZD) A person to whom paragraph (2ZC) applies may be treated as available for employment under paragraph (2)(b) for periods of longer than one week and on more than 4 occasions in any 12 months.]

[F27(2A) A person shall be treated as available for employment under paragraph (1)(i) only if—

(a)where a pattern of availability is recorded in his jobseeker’s agreement, or where he has restricted the hours for which he is available in accordance with regulations [F2813(3), (3A) or (4)][F29, 13A] or 17(2) and that restriction has been agreed with an employment officer, he is available for employment during such of the period referred to in paragraph (1)(i) as he is not treated as available for employment under any other provision of this regulation, in accordance with—

(i)his pattern of availability or, as the case may be, the hours to which he has restricted his availability in accordance with regulations [F2813(3), (3A) or (4)][F29, 13A] or 17(2), and

(ii)any other restrictions he has placed on his availability for employment which will apply in the first week after the date of claim, provided those restrictions have been agreed with an employment officer, and

(iii)if he falls within regulation 5, that regulation;

(b)where no pattern of availability is recorded in his jobseeker’s agreement, he is available for employment during such of the period referred to in paragraph (1)(i) as he is not treated as available for employment under any other provision of this regulation—

(i)in accordance with any restrictions he has placed on his availability for employment which will apply in the first week after the date of claim, provided those restrictions have been agreed with an employment officer, and

(ii)for 8 hours on each day falling within that period on which he is not treated as available for employment to any extent under any other provision of this regulation, and

(iii)if he falls within regulation 5, in accordance with that regulation.]

[F30(2B) A person shall not be treated as available for employment under paragraph (1)(r)—

(a)for more than eight weeks,

(b)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

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

(3) If any of the circumstances set out in paragraph (1), except those in sub-paragraphs (i) and (j), or any of those set out in paragraph (2) apply to a person for part of a week, he shall for the purposes of regulation 7(1) be treated as available for 8 hours on any day on which those circumstances applied subject to the maximum specified in paragraph (1) or (2), unless he has restricted the total number of hours for which he is available in a week in accordance with regulation 7(2), [F3113(4)] or 17(2). If he has so restricted the total number of hours for which he is available, he shall, for the purposes of regulation [F317(1), 13(4) or 17(2)], be treated as available for the number of hours for which he would be available on that day in accordance with his pattern of availability recorded in his jobseeker’s agreement, if any of the circumstances set out in paragraph (1) except those in sub-paragraphs (i) and (j) or any of those set out in paragraph (2) applied on that day, subject to the maximum specified in paragraph (1) or (2).

(4) In paragraph (1)(c), “treatment" means treatment for a disease or bodily or mental disablement by or under the supervision of a person qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment.

(5) For the purposes of paragraph (1)(d),

(a)a person is engaged in duties for the benefit of others while–

(i)providing assistance to any person whose life may be endangered or who may be exposed to the risk of serious bodily injury or whose health may be seriously impaired,

(ii)protecting property of substantial value from imminent risk of serious damage or destruction, or

(iii)assisting in measures being taken to prevent a serious threat to the health of the people,

as a member of a group of persons organised wholly or partly for the purpose of providing such assistance or, as the case may be, protection;

(b)events which may give rise to an emergency include–

(i)a fire, a flood or an explosion,

(ii)a natural catastrophe,

(iii)a railway or other transport accident,

(iv)a cave or mountain accident,

(v)an accident at sea,

(vi)a person being reported missing and the organisation of a search for that person.

(6) In paragraph (1), except in sub-paragraphs (i) and (j), and in paragraph (2), “week" means any period of 7 consecutive days.

[F32(7) In this regulation, “tribunal” means any tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992.]