C1C2PART V SANCTIONS

Annotations:
Modifications etc. (not altering text)

Good Cause for the purposes of section 19(5)(b)C373

1

This regulation shall have effect for the purposes of section 19 (circumstances in which a jobseeker’s allowance is not payable).

2

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(5)(b), a person is to be regarded as having good cause for any act or omission for those purposes if, and to the extent that, the act or omission is attributable to any of the following circumstances—

a

the claimant in question was suffering from some disease or bodily or mental disablement on account of which—

i

he was not able to attend the relevant training scheme or employment programme in question;

ii

his attendance would have put at risk his health; or

iii

his attendance would have put at risk the health of other persons;

b

the claimant’s failure to participate in the training scheme or employment programme resulted from a religious or conscientious objection sincerely held;

c

the time it took, or would normally have taken, for the claimant to travel from his home to the training scheme or employment programme and back to his home by a route and means appropriate to his circumstances and to the scheme or programme exceeded, or would normally have exceeded, one hour in either direction or, where no appropriate training scheme or employment programme is available within one hour of his home, such greater time as is necessary in the particular circumstances of the nearest appropriate scheme or programme;

d

the claimant had caring responsibilities and–

i

no close relative of the person he cared for and no other member of that person’s household was available to care for him; and

ii

in the circumstances of the case it was not practical for the claimant to make other arrangements for the care of that person;

e

the claimant was attending court as a party to any proceedings, or as a witness or as a juror;

f

the claimant was arranging or attending the funeral of a close relative or close friend;

g

the claimant was engaged in–

i

the manning or launching of a lifeboat; or

ii

the performance of duty as a part-time member of a fire brigade;

h

the claimant was required to deal with some domestic emergency; or

i

the claimant was engaged during an emergency in duties for the benefit of others.

F1j

the claimant gave up a place on a training scheme or an employment programme and if he had continued to participate in it he would have, or would have been likely to have, put his health and safety at risk.

F22A

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(5)(b), a person is to be regarded as having good cause for any act or omission for those purposes if—

a

the act or omission relates to an employment programme specified in regulation 75(1)(a)(ii) or the training scheme specified in regulation 75(1)(b)(ii), and

b

he had not, prior to that act or omission, been given or sent a notice in writing by an employment officer referring to the employment programme or training scheme in question (“the specified programme") and advising him that if any of the circumstances mentioned in section 19(5)(b) arise in his case in relation to the specified programme his jobseeker’s allowance could cease to be payable or could be payable at a lower rate.

F32B

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(5)(b), 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—

a

or the purposes of section 19(5)(b) where the act or omission was in relation to an employment programme and he was, or would have been, required to attend the employment programme at a time which would have prevented him from attending the qualifying course;

b

for the purposes of section 19(5)(b)(iii) and (iv) where—

i

the act or omission was in relation to a qualifying course undertaken by him and occurred less than 4 weeks after the first day of the period of study;

ii

the act or omission was in relation to a qualifying course undertaken by him and was due to his lack of ability; or

iii

the act or omission was in relation to a qualifying course undertaken by him which was not suitable for him;

3

For the purposes of paragraph (2)(i),

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, 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.

F44

For the purposes of paragraph (2B)(b)(iii), a qualifying course is suitable for a person if it is suitable for him in vocationally relevant respects, namely his personal capacity, aptitude, his preference, the level of qualification aimed at, duration of the course and proportion of time, if any, which the person has spent on the training in relation to the length of the course.