PART II JOBSEEKING

Chapter II Availability for Employment

Circumstances in which a person is not to be regarded as available15

F71

A person shall not be regarded as available for employment in the following circumstances—

F8a

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

b

if he is a prisoner on temporary release in accordance with the provisions of the Prison Act 1952 F1 or rules made under section 39(6) of the Prisons (Scotland) Act 1989 F2;

F3bb

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;

bc

F4if he is on paternity leave or ordinary F5or additional adoption leave by virtue of section 75A F6or 75B of the Employment Rights Act 1996

c

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.

F92

Notwithstanding paragraph (1)(a), a full-time student shall be regarded as available for employment during the period of the summer vacation appropriate to his course, but only if the first and second conditions are satisfied.

3

The first condition is satisfied if—

a

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

b

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

4

The second condition is satisfied if the student is—

a

available for employment in accordance with this Chapter; or

b

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