PART 8CLAIMANT RESPONSIBILITIES
CHAPTER 1WORK-RELATED REQUIREMENTS
The work-related requirements
Circumstances in which requirements must not be imposedC199
1
a
the Secretary of State must not impose a work search requirement on a claimant; and
2
F32A
Where paragraph (5) applies—
a
the Secretary of State must not impose a work search requirement on a claimant;
and
b
a work search requirement previously applying to the claimant ceases to have effect from the date on which the circumstances set out in paragraph (5) begin to apply.
2B
Where paragraph (5A) applies “able and willing to take up work” under a work availability requirement means able and willing to take up paid work, or to attend an interview, immediately once the circumstances set out in paragraph (5A) no longer apply.
2C
Where paragraph (5B) applies, “able and willing to take up work” under a work availability requirement means—
a
able and willing to take up paid work immediately once the circumstances set out in paragraph (5B) no longer apply; and
b
able and willing to attend an interview before those circumstances no longer apply.
3
This paragraph applies where—
a
the claimant is attending a court or tribunal as a party to any proceedings or as a witness;
b
the claimant is a prisoner;
c
regulation 11(3) (temporary absence from Great Britain for treatment or convalescence) applies to the claimant;
d
any of the following persons has died within the past 6 months—
i
where the claimant was a member of a couple, the other member,
ii
a child or qualifying young person for whom the claimant or, where the claimant is a member of a couple, the other member, was responsible, or
iii
a child, where the claimant was the child's parent;
e
the claimant is, and has been for no more than 6 months, receiving and participating in a structured recovery-orientated course of alcohol or drug dependency treatment;
f
the claimant is, and has been for no more than 3 months, a person for whom arrangements have been made by a protection provider under section 82 of the Serious Organised Crime and Police Act 2005 M1; or
g
the claimant is engaged in an activity of a kind approved by the Secretary of State as being in the nature of a public duty.
4
F5Subject to paragraph (4ZA), this paragraph applies where the claimant—
a
is unfit for work—
i
for a period of no more than 14 consecutive days after the date that the evidence referred to in sub-paragraph (b) is provided, and
ii
for no more than 2 such periods in any period of 12 months; and
b
provides to the Secretary of State the following evidence—
i
for the first 7 days when they are unfit for work, a declaration made by the claimant in such manner and form as the Secretary of State approves that the claimant is unfit for work, and
ii
for any further days when they are unfit for work, if requested by the Secretary of State, a statement given F14... in accordance with the rules set out in Part 1 of Schedule 1 to the Medical Evidence Regulations which provides that the person is not fit for work.
F134ZA
Where paragraph (4ZB) applies, paragraph (4) will only apply to a claimant if the Secretary of State makes a decision to carry out an assessment under regulation 41(1)(b).
F134ZB
This paragraph applies where—
a
i
it has previously been determined on the basis of an assessment under Part 5 of these Regulations or under Part 4 or 5 of the ESA Regulations that the claimant does not have limited capability for work; or
ii
the claimant has previously been treated as not having limited capability for work or, as the case may be, for work and work-related activity under regulation 43(3) or 44(2); and
b
the condition specified in the evidence provided by the claimant in accordance with paragraph (4)(b) is in the opinion of the Secretary of State the same, or substantially the same, as the condition specified in the evidence provided by the claimant before the date—
i
of the determination that the claimant does not have limited capability for work; or
ii
that the claimant was treated as not having limited capability for work or, as the case may be, for work and work-related activity.
F184A
This paragraph applies for one or more periods of one month, as provided for in paragraphs (4B) and (4C), where the claimant is the responsible carer of a child and an event referred to in sub-paragraph (a) or (b) has taken place in the last 24 months and has resulted in significant disruption to the claimant’s normal childcare responsibilities—
a
any of the following persons has died—
i
a person who was previously the responsible carer of that child;
ii
a parent of that child;
iii
a brother or sister of that child; or
iv
any other person who, at the time of their death, normally lived in the same accommodation as that child and was not a person who was liable to make payments on a commercial basis in respect that accommodation; or
b
the child has been the victim of, or witness to, an incident of violence or abuse and the claimant is not the perpetrator of that violence or abuse.
4B
Paragraph (4A) is not to apply for more than one period of one month in each of the 4 consecutive periods of 6 months following the event (and, if regulation 98 or paragraph (3)(d) of this regulation applies in respect of the same event, that month is to run concurrently with any period for which that regulation or paragraph applies).
4C
Each period of one month begins on the date specified by the Secretary of State after the claimant has notified the Secretary of State of the circumstances in paragraph (4A) provided that the Secretary of State is satisfied that the circumstances apply.
5
This paragraph applies where the Secretary of State is satisfied that it would be unreasonable to require the claimant to comply with a work search requirement F8..., including if such a requirement were limited in accordance with section 17(4) F8... of the Act, because F1...—
a
F10the claimant is carrying out a work preparation requirement or voluntary work preparation (as defined in regulation 95(4));
b
c
d
paragraph (4) would apply to the claimant but for paragraph (4ZA).
F165A
This paragraph applies where the Secretary of State is satisfied that it would be unreasonable to require the claimant to comply with a work availability requirement to be able and willing to—
a
take up paid work; and
b
attend an interview,
(including if such a requirement were limited in accordance with section 18(3) of the Act) because the claimant falls within F7sub-paragraph (a), (b), (c) or (d) of paragraph (5).
5B
This paragraph applies where the Secretary of State is satisfied that it would be—
a
unreasonable to require the claimant to comply with a work availability requirement to be able and willing to take up paid work because the claimant falls within F21sub-paragraph (a), (b), (c) or (d) of paragraph (5); and
b
reasonable to require the claimant to comply with a work availability requirement to be able and willing to attend an interview;
including if such requirement were limited in accordance with section 18(3) of the Act.
F116
This paragraph applies where—
a
the claimant has monthly earnings (excluding any that are not employed earnings) that are equal to, or more than, the amount that a person would be paid at the hourly rate set out in regulation 4 of the National Minimum Wage Regulations for F2218 hours per week, converted to a monthly amount by multiplying by 52 and dividing by 12; or
b
the claimant is a member of a couple whose combined monthly earnings (excluding any that are not employed earnings) are equal to, or more than, the amount that a person would be paid at the hourly rate set out in regulation 4 of the National Minimum Wage Regulations for F2329 hours per week, converted to a monthly amount by multiplying by 52 and dividing by 12.
F176A
In paragraph (6) “employed earnings” has the meaning in regulation 55.
7
In this regulation “tribunal” means any tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992 M2.