94.—(1) Subject to paragraph (2) a claimant is to be treated as not having complied with a work availability requirement if the claimant is not able and willing immediately to attend an interview offered to the claimant in connection with obtaining paid work.
(2) A claimant is to be treated as having complied with a work availability requirement despite not being able immediately to take up paid work, if paragraph (3), (4) or (5) applies.
(3) This paragraph applies where—
(a)a claimant is a responsible carer or a relevant carer,
(b)the Department is satisfied that, as a consequence the claimant needs a longer period of up to one month to take up paid work, or up to 48 hours to attend an interview in connection with obtaining work, taking into account alternative care arrangements, and
(c)the claimant is able and willing to take up paid work, or attend an interview, on being given notice for that period.
(4) This paragraph applies where—
(a)a claimant is carrying out voluntary work,
(b)the Department is satisfied that, as a consequence, the claimant needs a longer period of up to one week to take up paid work, or up to 48 hours to attend an interview in connection with obtaining work, and
(c)the claimant is able and willing to take up paid work, or attend an interview, on being given notice for that period.
(5) This paragraph applies where a claimant—
(a)is employed under a contract of service,
(b)is required by Article 118 of the Employment Rights (Northern Ireland) Order 1996(1), or by the contract of service, to give notice to terminate the contract,
(c)is able and willing to take up paid work once the notice period has expired, and
(d)is able and willing to attend an interview on being given 48 hours notice.
S.I. 1996/1919 (N.I. 16); Article 118 was amended by paragraph 2(5) of Schedule 2 to, S.R. 2002 No. 298.