The Jobseeker’s Allowance Regulations 1996

Good Cause for the purposes of section 19(5)(a) and (6)(c) and (d)

72.—(1) This regulation shall have effect for the purposes of section 19 (circumstances in which a jobseeker’s allowance is not payable) [F1 and section 20A (denial or reduction of joint-claim jobseeker’s allowance)].

(2) Subject to paragraph (3), in determining whether a person has good cause for any act or omission for the purposes of section 19(5)(a) and (6)(c) and (d) [F2 and section 20A(2)(a), (f) and (g)] the matters which are to be taken into account shall include the following—

(a) any restrictions on availability which apply in the claimant’s case in accordance with regulations 6, 7, 8[F3 , 13 and 17A] having regard to the extent of any disparity between those restrictions and the requirements of the vacancy in question;

(b) any condition or personal circumstance of that person which indicates that a particular employment or carrying out the jobseeker’s direction would be likely to or did—

(i) cause significant harm to his health; or

(ii) subject him to excessive physical or mental stress;

(c) the fact that the failure to undertake a particular employment or to carry out the jobseeker’s direction resulted from a religious or conscientious objection sincerely held;

(d) any caring responsibilities which would, or did, make it unreasonable for the person to undertake a particular employment or carry out the jobseeker’s direction;

(e) the time it took, or would normally take, for the person to travel from his home to the place of the employment or to a place mentioned in the jobseeker’s direction and back to his home by a route and means appropriate to his circumstances and to the employment or to the carrying out of the jobseeker’s direction;

(f) the expenses which were, or would be, necessarily and exclusively incurred by the person for the purposes of the employment or of carrying out the jobseeker’s direction, together with any expenses of travelling to and from the place of the employment or a place mentioned in the jobseeker’s direction by a route and means appropriate to his circumstances, if those expenses did, or would, represent an unreasonably high proportion of—

(i) in the case of employment, the remuneration which it is reasonable to expect that he would derive from that employment; or

(ii) in any other case, the income which he received, or would receive, while carrying out the jobseeker’s direction.

[F4 (g) any child care expenses which were, or would be, necessarily incurred by the person as a result of his being in the employment or of carrying out the jobseeker’s direction if those expenses did, or would, represent an unreasonably high proportion of—

(i) in the case of employment, the remuneration which it is reasonable to expect that he would derive from that employment; or

(ii) in any other case, the income which he received, or would receive, while carrying out the jobseeker’s direction.]

[F5 (2A) For the purposes of paragraph (2)(d), where the person has caring responsibilities in relation to a child, in considering whether those responsibilities would, or did, make it unreasonable for him to undertake a particular employment or carry out the jobseeker’s direction, regard shall be had, in particular, to the following matters—

(a) child care would not be, or was not, reasonably available to him, or

(b) if it would be, or it was, available, it would be, or was, unsuitable due to his particular needs or those of the child.]

(3) For the purposes of paragraph (2)(f) [F6 and (g)], in considering whether expenses did, or would, represent an unreasonably high proportion of remuneration or income, the principle shall apply that the greater the level of remuneration or income the higher the proportion thereof which it is reasonable should be represented by expenses.

[F7 (3A) Without prejudice to any other circumstances in which a person may be regarded as having good cause for any act or omission for the purposes of section 19(6)(c) and (d) [F8 and section 20A(2)(f) and (g)], a person to whom regulation 17A(2) applies, in respect of whom an employment officer has determined that he may undertake a qualifying course, and who is undertaking such a course as a full-time student, is to be regarded as having good cause for any act or omission for the purposes of section 19(6)(c) and (d) [F8 and section 20A(2)(f) and (g)] where—

(a) the act or omission took place within a period of 4 weeks before the end of his qualifying course or of his examinations; or

(b) the employment consists of employment for which he is not required to be available in accordance with regulation 17A(3)(c) unless it is permanent full-time employment.

(3B) In paragraph (3A)(b), “full-time employment" means remunerative work as defined in regulation 51(1)(a).]

(4) Where a person has undergone training for a particular kind of employment for a period of not less than 2 months, he is to be regarded for a period of 4 weeks beginning with the day on which the training ends as having good cause for any act or omission for the purposes of section 19(5)(a) and (6)(c) and (d) [F9 and section 20A(2)(a), (f) and (g)], for—

(a) refusing or failing to apply for, or refusing to accept, employment of any other kind when offered to him;

(b) neglecting to avail himself of a reasonable opportunity of employment of any other kind;

(c) refusing or failing to carry out a jobseeker’s direction given to him with a view to assisting him to find employment of any other kind.

(5) A person is to be regarded as having good cause for any act or omission for the purposes of section 19(5)(a) and (6)(c) and (d) [F9 and section 20A(2)(a), (f) and (g)] if, and to the extent that, the reason for that act or omission—

(a) results from restrictions on availability which apply in the claimant’s case for the period permitted in accordance with regulations 16 and 17;

(b) results from the fact that the claimant is, in accordance with regulation 5(1) to (3) and (5), excepted from any requirement to be able to take up employment immediately, or is, in accordance with regulation 5(4), excepted from any requirement to be able to take up employment at a time when he is not available;

F10 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11 (5A) A person is to be regarded as having good cause for any act or omission for the purposes of section 19(6)(c) and (d) [F12 and section 20A(2)(f) and (g)] if—

(a) in a case where it has been agreed that the claimant may restrict his hours of availability to less than 24 hours a week, the employment in question is for less than 16 hours a week; or

(b) in a case not falling within sub-paragraph (a), the employment is for less than 24 hours a week.]

(6) Subject to paragraphs (8) and (9), a person is not to be regarded as having good cause for any act or omission for the purposes of section 19(5)(a) and (6)(c) and (d) [F9 and section 20A(2)(a), (f) and (g)] if, and to the extent that, the reason for that act or omission relates to—

(a) subject to paragraph (7), his income or outgoings or the income or outgoings of any other member of his household, or the income or outgoings which he or any other member of his household would have if he were to become employed or to carry out the jobseeker’s direction, or did have whilst carrying out the jobseeker’s direction, but for the purposes of this sub-paragraph a person’s outgoings shall not include any expenses taken into account under paragraph (2)(f) [F13 or (g);]

(b) the time it took, or would normally take, for the person to travel from his home to the place of the employment, or a place mentioned in the jobseeker’s direction, and back to his home where that time was or is normally less than[F14 ,—

(i) during the first 13 weeks of entitlement to a jobseeker’s allowance, one hour either way; and

(ii) in all other cases, one hour and thirty minutes either way,

by a route and means appropriate to his circumstances and to the employment, or to the carrying out of the jobseeker’s direction, unless, in view of the health of the person or any caring responsibilities of his, that time was or is unreasonable.]

(7) Paragraph (6)(a) shall not apply–

(a) where the claimant has agreed a restriction on the level of remuneration he was prepared to accept under regulations 13(3) and 16; or

(b) the employment is remunerated only by commission.

(8) A person shall be regarded for the purposes of section 19(6)(d) [F15 and section 20A(2)(g)] as having good cause for neglecting to avail himself of an opportunity of employment unless the situation is a qualifying former employment of that person.

(9) For the purposes of paragraph (8) a situation is a qualifying former employment of any person if—

(a) it is employment with an employer for whom he has previously worked or with an employer who has succeeded that employer; and

(b) not more than 12 months have elapsed between–

(i) the date when he last worked for that employer and

(ii) the date when the question under section 19(6)(d) [F16 or section 20A(2)(g)] arose or, as the case may be, arises, and

(c) the terms and conditions of employment in the situation are not less favourable than those in the situation which he held when he last worked for that employer.

Textual Amendments

F1 Words in reg. 72(1) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 27(a)

F2 Words in reg. 72(2) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 27(b)

F3 Words in reg. 72(2)(a) substituted (1.6.1998) by The Social Security Amendment (New Deal) Regulations 1998 (S.I. 1998/1274), regs. 1(1), 7(a)

F4 Reg. 72(2)(g) added (24.11.2008) by The Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2008 (S.I. 2008/3051), regs. 1(2), 11(12)(a) (with reg. 13)

F5 Reg. 72(2A) inserted (24.11.2008) by The Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2008 (S.I. 2008/3051), regs. 1(2), 11(12)(b) (with reg. 13)

F6 Words in reg. 72(3) inserted (24.11.2008) by The Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2008 (S.I. 2008/3051), regs. 1(2), 11(12)(c) (with reg. 13)

F7 Reg. 72(3A)(3B) inserted (1.6.1998) by The Social Security Amendment (New Deal) Regulations 1998 (S.I. 1998/1274), regs. 1(1), 7(b)

F8 Words in reg. 72(3A) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 27(c)

F9 Words in reg. 72(4)(5)(6) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 27(b)

F10 Reg. 72(5)(c) omitted (7.4.1997) by virtue of The Social Security (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/454), regs. 1(c), 2(6)(a)

F11 Reg. 72(5A) inserted (7.4.1997) by The Social Security (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/454), regs. 1(c), 2(6)(b)

F12 Words in reg. 72(5A) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 27(c)

F13 Words in reg. 72(6)(a) inserted (24.11.2008) by The Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2008 (S.I. 2008/3051), regs. 1(2), 11(12)(d) (with reg. 13)

F14 Words in reg. 72(6)(b) substituted (19.4.2004 for specified purposes, 18.10.2004 in so far as not already in force) by The Jobseeker’s Allowance (Amendment) Regulations 2004 (S.I. 2004/1008), regs. 1(2), 2(3)

F15 Words in reg. 72(8) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 27(d)

F16 Words in reg. 72(9)(b)(ii) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 27(e)