Circumstances in which a person is to be treated as available for employment2

1

Regulation 14 of the Jobseeker’s Allowance Regulations shall be amended in accordance with the following provisions of this regulation.

2

In paragraph (1), for the words “to whom regulation 15 applies,” there shall be substituted the words “to whom regulation 15(a), (b) or (c) applies,”.

3

For paragraph (1)(i) substitute—

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;

4

After paragraph (2) there shall be inserted the following paragraph—

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 13(3) or (4) 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 13(3) or (4) 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.