2002 No. 3072
The Jobseeker’s Allowance (Amendment) Regulations 2002
Made
Coming into force in accordance with regulation 1
Whereas a draft of this instrument was laid before Parliament in accordance with section 37(2) of the Jobseekers Act 19951 and approved by resolution of each House of Parliament;
Now, therefore, the Secretary of State for Work and Pensions, in exercise of the powers conferred by sections 6(4), 8(1)(a) and (2)(d)(ii), 35(1) and 36(2) and (4) of the Jobseekers Act 19952, and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations need not be referred to it3, hereby makes the following Regulations:
Citation and commencement1
These Regulations may be cited as the Jobseeker’s Allowance (Amendment) Regulations 2002 and shall come into force—
a
for the purposes of regulation 5, on the day after the day on which they are made;
b
for all other purposes, on 1st January 2003.
Amendment of the Jobseeker’s Allowance Regulations2
The Jobseeker’s Allowance Regulations 19964 shall be amended in accordance with the following regulations.
Amendment of regulation 5: exceptions to requirement to be available immediately3
In regulation 5—
a
for paragraph (1) there shall be substituted the following paragraph—
1
In order to be regarded as available for employment—
a
a person who has caring responsibilities 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; and
b
a person who is engaged in voluntary work is not required to be able to take up employment immediately, providing he is willing and able—
i
to take up employment on being given one week’s notice; and
ii
to attend for interview in connection with the opportunity of any such employment on being given 48 hours' notice.
b
in paragraph (5) after the words “take up employment immediately, the” there shall be inserted the words “one week,”;
c
after paragraph (5) there shall be inserted the following paragraph—
6
In this regulation “week” means any period of seven consecutive days.
Amendment of regulation 12: volunteers4
For regulation 12 there shall be substituted the following regulation—
12
1
Paragraph (2) applies 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(3) or (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.
2
In determining whether a person to whom this paragraph applies is available for employment no matter relating to his voluntary work shall be relevant providing—
a
on being given one week’s notice, he is willing and able to re-arrange the hours in which he is engaged in voluntary work in order to take up employment at times falling within his pattern of availability; and
b
on being given 48 hours' notice, he is willing and able to re-arrange the hours in which he is engaged in voluntary work in order to attend for interview at times falling within his pattern of availability in connection with the opportunity of any such employment; and
c
he complies with the requirements of regulation 6.
3
In paragraph (2) “week” means any period of seven consecutive days.
Amendment of regulation 15: circumstances in which a person is not to be regarded as available5
In regulation 15 before paragraph (c) there shall be inserted the following paragraph—
bc
if he is on paternity leave or ordinary adoption leave by virtue of section 75A of the Employment Rights Act 19965;
Amendment of regulation 30: circumstances in which a claimant is to be regarded as having good cause for failing to comply with a notification under regulation 23 or 23A6
In regulation 30(a) after “regulation 5(1)” there shall be inserted “(a) or (b)”.
Signed by authority of the Secretary of State for Work and Pensions
(This note is not part of the Regulations)