5.—(1) In order to be regarded as available for employment, a person who has caring responsibilities or who is engaged in voluntary work is not required to be able to take up employment immediately, providing he is willing and able to take up employment on being given 48 hours' notice.
(2) In order to be regarded as available for employment, a person who is engaged, whether by contract or otherwise, in providing a service with or without remuneration, other than a person who has caring responsibilities or who is engaged in voluntary work, is not required to be able to take up employment immediately, providing he is willing and able to take up employment on being given 24 hours' notice.
(3) In order to be regarded as available for employment, a person who is in employed earner’s employment and is not engaged in remunerative work and who is required by section 49 of the Employment Protection (Consolidation) Act 1978(1) to give notice to terminate his contract is not required to be able to take up employment immediately, providing he is willing and able to take up employment immediately he is able to do so in accordance with his statutory obligations.
(4) Where in accordance with regulation 7, 13 or 17 a person is only available for employment at certain times, he is not required to be able to take up employment at a time at which he is not available, but he must be willing and able to take up employment immediately he is available.
(5) Where in accordance with paragraph (1) or (2) a person is not required to be able to take up employment immediately, the 48 hour and 24 hour periods referred to in those paragraphs include periods when in accordance with regulation 7 or 13 he is not available.
6.—(1) In order to be regarded as available for employment, a person must be willing and able to take up employment of at least 40 hours per week, unless he has restricted his availability in accordance with paragraph (3) or (4) of regulation 13 or paragraph (2) of regulation 17 or two or more of those provisions.
(2) In order to be regarded as available for employment, a person must be willing and able to take up employment of less than 40 hours per week but not for a greater number of hours per week than the number for which he is available in accordance with paragraph (3) or (4) of regulation 13 or paragraph (2) of regulation 17 or two or more of those provisions.
7.—(1) Except as provided in regulation 13 and in regulation 17(2), a person may not restrict the total number of hours for which he is available for employment to less than 40 hours in any week.
(2) A person may restrict the total number of hours for which he is available for employment in any week to 40 hours or more providing
(a)the times at which he is available to take up employment (his “pattern of availability”) are such as to afford him reasonable prospects of securing employment;
(b)his pattern of availability is recorded in his jobseeker’s agreement and any variations in that pattern are recorded in a varied agreement and
(c)his prospects of securing employment are not reduced considerably by the restriction imposed by his pattern of availability.
(3) A person who has restricted the total number of hours for which he is available in accordance with paragraph (2) and who is not available for employment, and is not to be treated as available for employment in accordance with regulation 14, for one day or more in a week in accordance with his pattern of availability shall not be regarded as available for employment even if he was available for employment for a total of 40 hours or more during that week.
8. Subject to regulations 6, 7 and 9, any person may restrict his availability for employment by placing restrictions on the nature of the employment for which he is available, the terms or conditions of employment for which he is available (including the rate of remuneration) and the locality or localities within which he is available, providing he can show that he has reasonable prospects of securing employment notwithstanding those restrictions and any restrictions on his availability in accordance with regulations 7(2), 13(2), (3), (4) or 17(2).
9. After the expiry of the six month period beginning with the date of claim, a person may not restrict his availability for employment by placing restrictions on the level of remuneration in employment for which he is available.
10.—(1) For the purposes of regulations 7 and 8 and paragraphs (2) and (4) of regulation 13, in deciding whether a person has reasonable prospects of securing employment, regard shall be had, in particular, to the following matters—
(a)his skills, qualifications and experience;
(b)the type and number of vacancies within daily travelling distance from his home;
(c)the length of time for which he has been unemployed;
(d)the job applications which he has made and their outcome;
(e)if he wishes to place restrictions on the nature of the employment for which he is available, whether he is willing to move home to take up employment.
(2) It shall be for the claimant to show that he has reasonable prospects of securing employment if he wishes to restrict his availability in accordance with regulation 7 or 8 or paragraph (2) or (4) of regulation 13.
11.—(1) If in any week a person is a part-time student and
(a)he falls within paragraph (2)
(b)he has restricted the total number of hours for which he is available in accordance with regulation 7(2), 13(4) or 17(2); and
(c)the hours of his course of study fall in whole or in part within his pattern of availability, in determining whether he is available for employment no matter relating to his course of study shall be relevant providing he is willing and able to re-arrange the hours of his course in order to take up employment at times falling within his pattern of availability, to take up such employment immediately or, if he falls within paragraph (1), (2) or (3) of regulation 5, at the time specified in that paragraph and providing he complies with the requirements of regulation 6.
(2) A person falls within this paragraph if
(a)for a continuous period of not less than 3 months falling immediately before the date on which he first attended the course of study he was in receipt of jobseeker’s allowance or incapacity benefit or was on a course of training or he was in receipt of income support and he fell within paragraph 7 of Schedule 1B to the Income Support Regulations(2) or
(b)during the period of 6 months falling immediately before the date on which he first attended the course of study he was
(i)for a period, or periods in the aggregate, of not less than 3 months in receipt of jobseeker’s allowance or incapacity benefit or on a course of training or he was in receipt of income support and he fell within paragraph 7 of Schedule 1B to the Income Support Regulations and
(ii)after the period referred to in (i), or in the case of periods in the aggregate, after the first such period and throughout the remainder of the 6 months for which that sub-paragraph did not apply to him, engaged in remunerative work or other work the emoluments of which are such as to disentitle him from receipt of jobseeker’s allowance or incapacity benefit or from receipt of income support which would have been payable because he fell within paragraph 7 of Schedule 1B to the Income Support Regulations
and the period of 3 months referred to in sub-paragraph (i) or, as the case may be, the period of 6 months referred to in sub-paragraph (ii), fell wholly after the terminal date.
(3) In this regulation, “training” means training for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible provided in England and Wales directly or indirectly by a Training and Enterprise Council pursuant to its arrangement with the Secretary of State (whether that arrangement is known as an Operating Agreement or by any other name) and, in Scotland, directly or indirectly by a Local Enterprise Company pursuant to its arrangement with, as the case may be, Scottish Enterprise or Highlands and Islands Enterprise (whether that arrangement is known as an Operating Contract or by any other name).
12. If in any week a person is engaged in voluntary work and
(a)he has restricted the total number of hours for which he is available in accordance with regulation 7(2), 13(4) or 17(2) and
(b)the hours in which he is engaged in voluntary work fall in whole or in part within his pattern of availability
in determining whether he is available for employment no matter relating to his voluntary work shall be relevant providing he is willing and able to re-arrange the hours in which he is engaged in voluntary work in order to take up employment on being given 48 hours' notice at times falling within his pattern of availability and providing he complies with the requirements of regulation 6.
13.—(1) In any week a person may restrict his availability for employment in the following ways, if the circumstances set out apply.
(2) Subject to regulations 6, 7 and 9, a person may impose restrictions on the nature of the employment for which he is available by reason of a sincerely held religious belief, or a sincerely held conscientious objection providing he can show that he has reasonable prospects of employment notwithstanding those restrictions and any restrictions on his availability in accordance with regulation 7(2), 8, paragraph (3) or (4) of this regulation or regulation 17(1) or (2).
(3) A person may restrict his availability in any way providing the restrictions are reasonable in the light of his physical or mental condition.
(4) A person with caring responsibilities may restrict the total number of hours for which he is available for employment to less than 40 hours in any week providing
(a)in that week he is available for employment for as many hours as his caring responsibilities allow and for the specific hours that those responsibilities allow and
(b)he has reasonable prospects of securing employment notwithstanding that restriction and
(c)he is available for employment of at least 16 hours in that week.
(5) In deciding whether a person satisfies the conditions in paragraph (4)(a), regard shall be had, in particular, to the following matters—
(a)the particular hours and days spent in caring;
(b)whether the caring responsibilities are shared with another person;
(c)the age and physical and mental condition of the person being cared for.
14.—(1) A person, other than one to whom regulation 15 applies, shall be treated as available for employment in the following circumstances for as long as those circumstances apply, subject to any maximum period specified in this paragraph—
(a)notwithstanding regulation 15(a), if he is participating as a full-time student in an employment-related course where participation by him has been approved before the course started by an employment officer, for a maximum of 2 weeks and one such course in any period of 12 months;
(b)if he is attending a residential work camp, for a maximum of 2 weeks and one such occasion in any period of 12 months;
(c)if he is temporarily absent from Great Britain because he is taking a member of his family who is a child or young person abroad for treatment, for a maximum of 8 weeks;
(d)if he is engaged in the manning or launching of a lifeboat or in the performance of duty as a part-time member of a fire brigade or engaged during an emergency in duties for the benefit of others;
(e)if he is a member of a couple and is looking after a member of his family who is a child while the other member is temporarily absent from the United Kingdom, for a maximum of 8 weeks;
(f)if he is following an Open University course and is attending, as a requirement of that course, a residential course, for a maximum of one week per course;
(g)if he is temporarily looking after a child full-time because the person who normally looks after the child is ill or temporarily absent from home or the person is looking after a member of the family who is ill, for a maximum of 8 weeks;
(h)if he has been discharged from detention in a prison, remand centre or youth custody institution, for one week commencing with the date of his discharge;
(i)if there is a period between the date of claim and the beginning of the first week after that date, for that period;
(j)if there is a period between the date the award is terminated and the end of the week in which the award is terminated, for the period between the beginning of the week in which the award is terminated and the date the award is terminated;
(k)notwithstanding regulation 15(a), if he is participating in a programme provided by the Venture Trust in pursuance of an arrangement made by the Secretary of State for the Home Department with the Trust, for a maximum of 4 weeks and one such programme in any period of 12 months;
(l)if he is treated as capable of work in accordance with regulation 55, for the period determined in accordance with that regulation;
(m)if he is temporarily absent from Great Britain to attend an interview for employment and has given notice to an employment officer, in writing if so required by the employment officer, that he will be so absent for a maximum of one week;
(n)if he is a member of a couple and he and his partner are both absent from Great Britain and a premium referred to in paragraph 10, 11, 12, 13 or 15 of Schedule 1 (applicable amounts) is applicable in respect of his partner, for a maximum of 4 weeks.
(2) A person, other than one to whom regulation 15 applies, shall be treated as available for employment in the following circumstances—
(a)if there is a death or serious illness of a close relative or close friend of his;
(b)if there is a domestic emergency affecting him or a close relative or close friend of his;
(c)if there is a funeral of a close relative or close friend of his;
(d)if he has caring responsibilities and the person being cared for has died;
for the time required to deal with the emergency or other circumstance and for a maximum of one week on the occurrence of any of the circumstances set out in sub-paragraphs (a) to (d), or any combination of those circumstances, and on no more than 4 such periods in any period of 12 months.
(3) If any of the circumstances set out in paragraph (1), except those in sub-paragraphs (i) and (j), or any of those set out in paragraph (2) apply to a person for part of a week, he shall for the purposes of regulation 7(1) be treated as available for 8 hours on any day on which those circumstances applied subject to the maximum specified in paragraph (1) or (2), unless he has restricted the total number of hours for which he is available in a week in accordance with regulation 7(2), 13(3) or 17(2). If he has so restricted the total number of hours for which he is available, he shall, for the purposes of regulation 7(1) or 13(4), be treated as available for the number of hours for which he would be available on that day in accordance with his pattern of availability recorded in his jobseeker’s agreement, if any of the circumstances set out in paragraph (1) except those in sub-paragraphs (i) and (j) or any of those set out in paragraph (2) applied on that day, subject to the maximum specified in paragraph (1) or (2).
(4) In paragraph (1)(c), “treatment” means treatment for a disease or bodily or mental disablement by or under the supervision of a person qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment.
(5) For the purposes of paragraph (1)(d),
(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, a 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.
(6) In paragraph (1), except in sub-paragraphs (i) and (j), and in paragraph (2), “week” means any period of 7 consecutive days.
15. A person shall not be regarded as available for employment in the following circumstances—
(a)if he is a full-time student during the period of study unless he has a partner who is also a full-time student, if either he or his partner is treated as responsible for a child or a young person, but this exception shall apply only for the period of the summer vacation appropriate to his course and providing he is available for employment in accordance with the provisions of this Chapter or unless he is treated as available in accordance with regulation 14(1)(a) or 14(1)(k);
(b)if he is a prisoner on temporary release in accordance with the provisions of the Prison Act 1952(3) or rules made under section 39(6) of the Prisons (Scotland) Act 1989(4);
(c)if she is in receipt of maternity allowance or maternity pay in accordance with section 35 or sections 164-171 respectively of the Benefits Act.
16.—(1) A person who is available for employment–
(a)only in his usual occupation;
(b)only at a level of remuneration not lower than that which he is accustomed to receive, or
(c)only in his usual occupation and at a level of remuneration not lower than that which he is accustomed to receive
may be treated for a permitted period as available for employment in that period.
(2) Whether a person should be treated as available for a permitted period and if so, the length of that permitted period shall be determined having regard to the following factors—
(a)the person’s usual occupation and any relevant skills or qualifications which he has;
(b)the length of any period during which he has undergone training relevant to that occupation;
(c)the length of the period during which he has been employed in that occupation and the period since he was so employed;
(d)the availability and location of employment in that occupation.
(3) A permitted period shall be for a minimum of one week and a maximum of 13 weeks and shall start on the date of claim and in this paragraph “week” means any period of 7 consecutive days.
17.—(1) A person who is laid off shall be treated as available for employment providing he is willing and able to resume immediately the employment from which he has been laid off and to take up immediately any casual employment which is within daily travelling distance of his home or, if he falls within paragraph (1) or (2) of regulation 5, at the time specified in that regulation.
(2) A person who is kept on short-time shall be treated as available for employment, providing he is willing and able to resume immediately the employment in which he is being kept on short-time and to take up immediately any casual employment which is within daily travelling distance of his home or, if he falls within paragraph (1) or (2) of regulation 5, at the time specified in that regulation in the hours in which he is not working short-time but the total number of hours for which he works and is available for casual employment must be at least 40 in any week.
(3) A person shall not be treated as available for employment in accordance with this regulation for more than 13 weeks, starting with the day after the day he was laid off or first kept on short-time.
(4) A person who is laid off or kept on short-time may not be treated as available for employment for a permitted period in accordance with regulation 16, unless he ceases to be laid off or kept on short-time within 13 weeks of the day on which he was laid off or first kept on short time, in which case he may be treated as available for employment for a permitted period ending a maximum of 13 weeks after the date of claim.
(5) In paragraphs (3) and (4), “week” means any period of 7 consecutive days.
1978 c. 44; section 49 was amended by the Employment Act 1982, section 20 and paragraph 3 of schedule 2.
Schedule 1B was inserted by regulation 3 of and Schedule 1 to the Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996, S.I. 1996/206.