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The Jobseeker’s Allowance (Workskill Courses) Pilot (No. 2) Regulations 1997

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Availability for employment in term-time

6.—(1) In any week which falls wholly or partly in term-time, regulations 6 and 7 of the Jobseeker’s Allowance Regulations shall not apply to a person who has restricted the total number of hours for which he is available for employment in that week in accordance with paragraph (2).

(2) A person to whom this Part applies may restrict the total number of hours for which he is available for employment to less than 40 hours in any week which falls wholly or partly in term-time providing

(a)in that week the total number of hours during which he is undertaking the workskill course and is available for employment is at least 40 unless he has restricted the number of hours for which he is available for employment in accordance with regulation 13(3) of the Jobseeker’s Allowance Regulations;

(b)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 unless he has restricted the number of hours for which he is available for employment in accordance with regulation 13(3) of the Jobseeker’s Allowance Regulations;

(c)his pattern of availability is recorded in his jobseeker’s agreement and any variations in that pattern are recorded in a varied agreement;

(d)he provides evidence as often as may be required by an employment officer within five days of being so required by the employment officer consisting of a document signed by him and on behalf of the establishment at which he is undertaking the workskill course confirming that he is attending the establishment when required to attend, in such form as may be required by the employment officer; and

(e)he provides evidence as often as may be required by an employment officer within five days of being so required by the employment officer consisting of a document signed by him and on behalf of the establishment at which he is undertaking the workskill course confirming that he is making satisfactory progress on the course, in such form as may be required by the employment officer.

(3) For the purposes of this regulation, in the case of a person who is undertaking a course of study which is funded in whole or in part by the FEFC, the number of hours during which he is undertaking a workskill course in any week shall be the number of guided learning hours per week set out, in the case of a course funded by the FEFC for England, in his learning agreement signed on behalf of the establishment which is funded by the FEFC for the delivery of that course or, in the case of a course funded by the FEFC for Wales, in a document signed on behalf of the establishment which is funded by the FEFC for the delivery of that course.

(4) For the purposes of this regulation, in the case of a person who is undertaking a course of study (not being higher education) which is funded in whole or in part by the Secretary of State for Scotland at a college of further education, the number of hours during which he is undertaking a workskill course in any week shall be the number of hourss per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff and of any additional hours using structured learning packages supported by the teaching staff, according to the number of hours set out in a document signed on behalf of the college.

(5) In this regulation, “college of further education”, “the FEFC” and “higher education” have the same meaning as they have in regulation 1(3) of the Jobseeker’s Allowance Regulations.

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