2.—(1) Regulation 14 of the Jobseeker’s Allowance Regulations (circumstances in which a person is to be treated as available) shall be amended in accordance with paragraphs (2) to (4).
(2) In paragraph (1) for “to whom regulation 15 (circumstances in which a person is not to be regarded as available) applies,” there shall be substituted “to whom regulation 15(a), (b) or (c) (circumstances in which a person is not to be regarded as available) applies,”.
(3) In paragraph (1) for sub-paragraph (i)(1) there shall be substituted the following sub-paragraph—
“(i)if the period beginning on and including 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 regulation 13(3) or (4) (additional restrictions) or 17(2)(2) (laid off and short-time workers) 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 regulation 13(3) or (4) or 17(2);
(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 (exceptions to requirement to be available immediately), 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;
(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.”.
Sub-paragraph (i) was amended by regulation 5(2)(a) of S.R. 1996 No. 358
Regulation 17(2) was amended by regulation 6 of S.R. 1996 No. 358