PART I GENERAL

[^F6Citation, commencement, interpretation and application^F6]_cross-notes

1.—(1) These Regulations may be cited as the Jobseeker’s Allowance Regulations 1996.

(2) These Regulations shall come into force on 7th October 1996.

[^F7(2A)These Regulations do not apply to a particular case on any day on which section 33(1)(a) of the 2012 Act (abolition of income-based jobseeker’s allowance) is in force and applies in relation to that case.^F7]

(3) In these Regulations–

[^F8“Abbeyfield Home” means an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society;^F8]

“the Act" means the Jobseekers Act 1995;

[^F9“the 2012 Act” means the Welfare Reform Act 2012;^F9]

[^F10“adoption leave” means a period of absence from work on ordinary or additional adoption leave by virtue of section 75A or 75B of the Employment Rights Act 1996;^F10]

[^F11"adult disability payment" has the meaning given in regulation 2 of the Disability Assistance for Working Age People (Scotland) Regulations 2022;^F11]

[^F12“approved blood scheme” means a scheme established or approved by the Secretary of State, or trust established with funds provided by the Secretary of State, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products;^F12]

[^F13“the Armed Forces and Reserve Forces Compensation Scheme” means the scheme established under section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004;^F13]

[^F14“armed forces independence payment’’ means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;^F14]

“attendance allowance" means–

(a)an attendance allowance under section 64 of the BenefitsAct;

(b)an increase of disablement pension under section 104 or 105 of the BenefitsAct (increases where constant attendance needed and for exceptionally severe disablement);

^F15(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F15(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)^F16a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983 or any analogous payment;

(f)any payment based on the need for attendance which is paid as an addition to a war disablement pension;

[^F17“basic rate”, where it relates to the rate of tax, has the same meaning as in the Income Tax Act 2007 (see section 989 of that Act).^F17]

[^F18“Back to Work Session” means a seminar or appointment referred to as “a Back to Work Session” arranged by or on behalf of the Secretary of State, the purpose of which is to provide a person who attends with information, support and advice with a view to assisting him to find employment or to improve his chances of finding employment;^F18]

[^F19“the benefit Acts” means the Act, the BenefitsAct^F19][^F20, Part 1 of the Welfare Reform Act 2007^F20][^F21, Part 4 of the 2012 Act and the Pensions Act 2014^F21] ;

[^F22“benefit week” means—

(a)a period of 7 days ending with a day determined in accordance with paragraph (b) unless, in any particular case or class of case, the Secretary of State arranges otherwise;

(b)the day specified for the purposes of paragraph (a) is the day in column (2) which corresponds to the series of numbers in column (1) which includes the last 2 digits of the person’s national insurance number—

“board and lodging accommodation" means–

(a)accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and are consumed in that accommodation or associated premises; or

(b)accommodation provided to a person in a hotel, guest house, lodging house or some similar establishment,

except accommodation provided by a close relative of his or of any other member of his family, or other than on a commercial basis;

[^F8“care home” in England ^F23... has the meaning assigned to it by section 3 of the Care Standards Act 2000, [^F24in Wales means a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 which is provided wholly or mainly to persons aged 18 or over^F24] and in Scotland means a care home service within the meaning assigned to it by [^F25paragraph2 of schedule12 to the Public Services Reform (Scotland) Act 2010^F25];^F8]

[^F26“carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;^F26]

[^F27“the Caxton Foundation” means the charitable trust of that name established on 28th March 2011 out of funds provided by the Secretary of State for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;^F27]

[^F28“child abuse payment” means a payment from a scheme established or approved by the Secretary of State for the purpose of providing compensation in respect of historic institutional child abuse in the United Kingdom;^F28]

[^F29"child disability payment” has the meaning given in regulation 2 of the DACYP Regulations;^F29]

[^F30“child tax credit” means a child tax credit under section 8 of the Tax Credits Act 2002;^F30]

[^F31“the Children Order" means the Children (Northern Ireland) Order 1995;^F31]

^F32 “Claims and Payments Regulations" means the Social Security (Claims and Payments) Regulations 1987;

^F33“close relative" means, except in Parts II, ... and V, a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, [^F34or if any of the preceding persons is one member of a couple, the other member of that couple^F34] ;

^F35“college of further education" means a college of further education within the meaning of Part I of the Further and Higher Education (Scotland) Act 1992;

“concessionary payment" means a payment made under arrangements made by the Secretary of State with the consent of the Treasury which is charged either to the National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit[^F36or tax credits under the benefit Acts or the Tax Credits Act 2002^F36] are charged;

[^F37“the ContributionsRegulations” means the Social Security (Contributions) Regulations 2001;^F37]

[^F38“contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the 2012 Act that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;^F38]

“co-ownership scheme" means a scheme under which a dwelling is let by a housing association and the tenant, or his personal representative, will, under the terms of the tenancy agreement or of the agreement under which he became a member of the association, be entitled, on his ceasing to be a member and subject to any condition stated in either agreement, to a sum calculated by reference directly or indirectly to the value of the dwelling;

[^F39 “couple” means—

(a)two people who are married to, or civil partners of, each other and are members of the same household; or

(b)two people who are not married to, or civil partners of, each other but are living together [^F40as if they were a married couple or civil partners^F40] ;^F39]

“course of advanced education" means–

(a)a course leading to a postgraduate degree or comparable qualification, a first degree or comparable qualification, a diploma of higher education or a higher national diploma; or

(b)any other course which is of a standard above advanced GNVQ or equivalent, including a course which is of a standard above a general certificate of education (advanced level), [^F41a Scottish national qualification (higher or advanced higher)^F41] ;

[^F42“course of study" means any course of study, whether or not it is a sandwich course and whether or not a grant is made for attending or undertaking it;^F42]

[^F43“Crown servant” means a person holding an office or employment under the Crown;^F43]

“Crown tenant" means a person who occupies a dwelling under a tenancy or licence where the interest of the landlord belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department, except (in the case of an interest belonging to Her Majesty in right of the Crown) where the interest is under the management of the Crown Estate Commissioners [^F44or a relevant person^F44] ;

[^F45"DACYP Regulations” means the Disability Assistance for Children and Young People (Scotland) Regulations 2021;^F45]

^F46“date of claim" means the date on which the claimant makes, or is treated as making, a claim for a jobseeker’s allowance for the purposes of regulation 6 of the Claims and Payments Regulations;

“disability living allowance" means a disability living allowance under section 71 of the BenefitsAct;

^F47...

“dwelling occupied as the home" means the dwelling together with any garage, garden and outbuildings, normally occupied by the claimant as his home including any premises not so occupied which it is impracticable or unreasonable to sell separately, in particular, in Scotland, any croft land on which the dwelling is situated;

“earnings" has the meaning specified, in the case of an employed earner, in regulation 98, or in the case of a self-employed earner, in regulation 100;

^F48...

^F48...

“the Eileen Trust" means the charitable trust of that name established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;

“employment-related course" means a course the purpose of which is to assist persons to acquire or enhance skills required for employment, for seeking employment or for a particular occupation;

[^F49“the Employment, Skills and Enterprise Scheme” means a scheme under section 17A (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc.) of the Jobseekers Act 1995 known by that name and provided pursuant to arrangements made by the Secretary of State that is designed to assist claimants to obtain employment, including self-employment, and which may include for any individual work-related activity (including work experience or job search);^F49]

[^F50“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;^F50]

[^F51“employment zone" means an area within Great Britain designated for the purposes of section 60 of the Welfare Reform and Pensions Act 1999 and an “employment zone programme" means a programme established for such an area or areas designed to assist claimants for a jobseeker’s allowance to obtain sustainable employment;^F51]

[^F51“employment zone contractor" means a person who is undertaking the provision of facilities in respect of an employment zone programme on behalf of the Secretary of State^F52...;^F51]

[^F53“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament [^F54or the National Assembly for Wales^F54];^F53]

[^F55“first year of training” means a period of one year beginning with a person’s first day of training.^F55]

^F56...

^F57...

[^F58“the Flexible New Deal” means the employment programme specified in regulation 75(1)(a)(v);^F58]

^F59“full-time course of advanced education" means a course of advanced education which is...—

(a)^F60,F66...a full-time course of study which is not funded in whole or in part by [^F61the [[^F62,F63Secretary of State under section 14 of the Education Act 2002^F63][^F64or under section 100 of the Apprenticeships, Skills, Children and Learning Act 2009^F64,F62]] or by the [^F65Welsh Ministers^F65,F61]] or a full-time course of study ... which is not funded in whole or in part by the [^F67Scottish Ministers^F67] at a college of further education[^F68or a full-time course of study which is a course of higher education and is funded in whole or in part by the [^F67Scottish Ministers^F67,F68]] ;

[^F69(b) a course of study which is funded in whole or in part by the [[^F62,F63Secretary of State under section 14 of the Education Act 2002^F63][^F70or under section 100 of the Apprenticeships, Skills, Children and Learning Act 2009^F70,F62]] or by the [^F65Welsh Ministers^F65] if it involves more than 16 guided hours per week for the student in question, according to the number of guided learning hours per week for that student set out—

(i)[^F71in the case of a course funded by the [^F63Secretary of State ^F63]^F72..., in the student’s learning agreement signed on behalf of the establishment which is funded by [^F73the Secretary of State^F73] for the delivery of that course; or^F71]

(ii)in the case of a course funded by the [^F65Welsh Ministers^F65], in a document signed on behalf of the establishment which is funded by the National Council for Education and Training for Wales for the delivery of that course; or,^F69]

(c)^F74...a course of study (not being higher education) which is funded in whole or in part by the [^F67Scottish Ministers^F67] at a college of further education if it involves—

(i)more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff according to the number of hours set out in a document signed on behalf of the college; or

(ii)16 hours or less per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff and it involves additional hours using structured learning packages supported by the teaching staff where the combined total of hours exceeds 21 per week, according to the number of hours set out in a document signed on behalf of the college;

“full-time student" means a person, other than a person in receipt of a training allowance[^F75or a person who is a qualifying young person or child within the meaning of section 142 of the BenefitsAct (child and qualifying young person)^F75] , who is—

(a)aged less than 19 and [^F76attending or undertaking^F76] a full-time course of advanced education or

(b)aged 19 or over but under pensionable age and–

(i)^F82attending [^F77or undertaking^F77] a full-time course of study which is not funded in whole or in part by [^F61the [[^F78,F79Secretary of State under section 14 of the Education Act 2002^F79][^F80or under section 100 of the Apprenticeships, Skills, Children and Learning Act 2009^F80,F78]] or by the [^F81Welsh Ministers^F81,F61]] or a full-time course of study ... which is not funded in whole or in part by the [^F83Scottish Ministers^F83] at a college of further education[^F84or a full-time course of study which is a course of higher education and is funded in whole or in part by the [^F83Scottish Ministers^F83];^F84]

[^F85(ii)[^F76attending or undertaking^F76] a course of study which is funded in whole or in part by the [[^F78,F79Secretary of State under section 14 of the Education Act 2002^F79][^F86or under section 100 of the Apprenticeships, Skills, Children and Learning Act 2009^F86,F78]] or by the [^F81Welsh Ministers^F81] if it involves more than 16 guided hours per week for the student in question, according to the number of guided learning hours per week for that student set out—

(aa)[^F87in the case of a course funded by [^F88either of those persons^F88]^F89..., in the student’s learning agreement signed on behalf of the establishment which is funded by either of those [^F90persons^F90] for the delivery of that course; or,^F87]

(bb)in the case of a course funded by the [^F81Welsh Ministers^F81], in a document signed on behalf of the establishment which is funded by the National Council for Education and Training for Wales for the delivery of that course; or,^F85]

(iii)[^F76attending or undertaking^F76] a course of study (not being higher education) which is funded in whole or in part by the [^F83Scottish Ministers^F83] at a college of further education if it involves—

(aa)more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff according to the number of hours set out in a document signed on behalf of the college; or

(bb)16 hours or less per week of classroom or workshop based programmed learning under the direct guidance of teaching staff and it involves additional hours using structured learning packages supported by the teaching staff where the combined total of hours exceeds 21 per week, according to the number of hours set out in a document signed on behalf of the college;

“the Fund" means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992 or, in Scotland, on 10th April 1992;

[^F91“Grenfell Tower payment” means a payment made for the purpose of providing compensation or support in respect of the fire on 14th June 2017 at Grenfell Tower;^F91]

[^F13“a guaranteed income payment” means a payment made under article 14(1)(b) or article 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005;^F13]

[^F92“Health Service Act” means the National Health Service Act 2006;^F92]

[^F92“Health Service (Wales) Act” means the National Health Service (Wales) Act 2006;^F92]

[^F43“Her Majesty’s forces” has the meaning in the Armed Forces Act 2006;^F43]

^F93“higher education" means higher education within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992;

[^F94“the Horizon system” means any version of the computer system used by the Post Office known as Horizon, Horizon Legacy, Horizon Online or HNG-X;^F94]

[^F95“housing benefit expenditure" means expenditure in respect of which housing benefit is payable as specified in [^F96regulation 12(1) of the Housing Benefit Regulations 2006^F96] but does not include any such expenditure in respect of which an amount is applicable under regulation 83(f) or 84(1)(g) (housing costs);^F95]

“housing benefit expenditure" means expenditure of a kind for which housing benefit may be granted;

[^F97“Immigration and Asylum Act" means the Immigration and Asylum Act 1999;^F97]

^F98“Income Support Regulations" means the Income Support (General) Regulations 1987;

[^F99“independent hospital”—

(a)in England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;

an attendance allowance under section 64 of the BenefitsAct;

(b)in Wales, has the meaning assigned to it by section 2 of the Care Standards Act 2000; and^F99]

[^F100(c) in Scotland, means an independent health care service as defined in section10F(1)(a) and (b) of the National Health Service (Scotland) Act 1978;^F100]

^F101...

^F102...

[^F103“the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;^F103]

^F104...

^F105...

^F106...

“invalid carriage or other vehicle" means a vehicle propelled by a petrol engine or by electric power supplied for use on the road and to be controlled by the occupant;

“jobseeking period" means the period described in regulation 47 [^F107except where otherwise provided^F107] ;

“last day of the course" has the meaning prescribed in regulation 130 for the purposes of the definition of “period of study" in this paragraph;

[^F108“LGBT Financial Recognition Scheme payment" means a payment under the Lesbian, Gay, Bisexual and Transgender Financial Recognition Scheme administered under the authority of the Secretary of State for Defence;^F108]

“liable relative" has the meaning prescribed in regulation 117;

[^F109“local welfare provision” means occasional financial or other assistance given by a local authority, the Scottish Ministers or the Welsh Ministers, or a person authorised to exercise any function of, or provide a service to, them, to or in respect of individuals for the purpose of—

(a)meeting, or helping to meet, an immediate short term need—

(i)arising out of an exceptional event, or exceptional circumstances; and

(ii)that requires to be met in order to avoid a risk to the well-being of an individual; or

(b)enabling individuals to establish or maintain a settled home, where those individuals have been or, without the assistance, might otherwise be—

(i)in prison, hospital, a residential care establishment or other institution; or

(ii)homeless or otherwise living an unsettled way of life;^F109]

[^F110“the London Bombings Relief Charitable Fund” means the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005;^F110]

[^F111“the London Emergencies Trust” means the company of that name (number 09928465) incorporated on 23rd December 2015 and the registered charity of that name (number 1172307) established on 28th March 2017;^F111]

“lone parent" means a person who has no partner and who is responsible for, and a member of the same household as, a child or young person;

“long tenancy" means a tenancy granted for a term of years certain exceeding twenty one years, whether or not the tenancy is, or may become, terminable before the end of that term by notice given by or to the tenant or by re-entry, forfeiture (or, in Scotland, irritancy) or otherwise and includes a lease for a term fixed by law under a grant with a covenant or obligation for perpetual renewal unless it is a lease by sub-demise from one which is not a long tenancy;

[^F112“long-term patient” means a person who—

(a)is a patient within the meaning of regulation 85(4); and

(b)has been such a patient for a continuous period of more than 52 weeks;^F112]

^F113...

“the Macfarlane (Special Payments) Trust" means the trust of that name, established on 29th January 1990 partly out of funds provided by the Secretary of State for the benefit of certain persons suffering from haemophilia;

“the Macfarlane (Special Payments) (No.2) Trust" means the trust of that name, established on 2nd May 1991 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia and other beneficiaries;

“the Macfarlane Trust" means the charitable trust, established partly out of funds provided by the Secretary of State to the Haemophilia Society, for the relief of poverty or distress among those suffering from haemophilia;

“making a claim" includes treated as making a claim;

[^F114“the Mandatory Work Activity Scheme” means a scheme within section 17A (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc.) of the Jobseekers Act 1995 known by that name and provided pursuant to arrangements made by the Secretary of State that is designed to provide work or work-related activity for up to 30 hours per week over a period of four consecutive weeks with a view to assisting claimants to improve their prospects of obtaining employment;^F114]

“maternity leave" means a period during which a woman is absent from work because she is pregnant or has given birth to a child, and at the end of which she has a right to return to work either under the terms of her contract of employment or under [^F115Part VIII of the Employment Rights Act 1996^F115] ;

[^F116“member of the work-related activity group” means a claimant who has or is treated as having limited capability for work under either—

(a)Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of those Regulations; or

(b)Part 4 of the Employment and Support Allowance Regulations 2013 other than by virtue of regulation 26 of those Regulations;^F116]

[^F117“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;^F117]

^F119“mobility supplement" means any supplement under [^F118article 20 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006^F118] including such a supplement by virtue of any other scheme or order or under article 25A of the Personal Injuries (Civilians) Scheme 1983;

[^F120“the National Emergencies Trust” means the registered charity of that name (number 1182809) established on 28th March 2019;^F120]

[^F121“neonatal care leave” means leave under section 80EF of the Employment Rights Act 1996;^F121]

“net earnings" means such earnings as are calculated in accordance with regulation 99;

“net profit" means such profit as is calculated in accordance with regulation 101;

[^F122“the New Deal options” means the employment programmes specified in regulation 75(1)(a)(ii) and the training scheme specified in regulation 75(1)(b)(ii);^F122]

“non-dependant" has the meaning prescribed in regulation 2;

“non-dependant deduction" means a deduction that is to be made under regulation 83(f) and paragraph 17 of Schedule 2;

^F123...

“occupational pension" means any pension or other periodical payment under an occupational pension scheme but does not include any discretionary payment out of a fund established for relieving hardship in particular cases;

[^F124“parental bereavement leave” means leave under section 80EA of the Employment Rights Act 1996;^F124]

“partner" means where a claimant–

(a)is a member of [^F125a couple^F125] , the other member of that couple;

(b)is married polygamously to two or more members of his household, any such member;

[^F126but in so far as this definition applies to a member of a joint-claimcouple, it shall only apply to such a member specified in regulation 3E(2)^F126]

“part-time student" means a person who is attending or undertaking a course of study and who is not a full-time student;

[^F127“paternity leave” means a period of absence from work on ^F128... paternity leave by virtue of section 80A or 80B of the Employment Rights Act 1996^F129...;^F127]

“payment" includes a part of a payment;

“pay period" means the period in respect of which a claimant is, or expects to be, normally paid by his employer, being a week, a fortnight, four weeks, a month or other longer or shorter period as the case may be;

[^F130“pension age disability payment” has the meaning given in regulation 2 of the Disability Assistance for Older People (Scotland) Regulations 2024;^F130]

“period of study" except in Parts II, IV and V means–

(a)in the case of a course of study for one year or less, the period beginning with the start of the course and ending with the last day of the course;

(b)in the case of a course of study for more than one year, in the first or, as the case may be, any subsequent year of the course, other than the final year of the course, the period beginning with the start of the course or, as the case may be, that year’s start and ending with either—

[^F131(i) the day before the start of the next year of the course in a case where the student’s grant or loan is assessed at a rate appropriate to his studying throughout the year, or, if he does not have a grant or loan, where a loan would have been assessed at such a rate had he had one; or^F131]

(ii)in any other case the day before the start of the normal summer vacation appropriate to his course;

(c)in the final year of a course of study of more than one year, the period beginning with that year’s start and ending with the last day of the course;

[^F9“personal independence payment” means personal independence payment under Part 4 of the 2012 Act;^F9]

“policy of life insurance" means any instrument by which the payment of money is assured on death (except death by accident only) or the happening of any contingency dependent on human life, or any instrument evidencing a contract which is subject to payment of premiums for a term dependent on human life;

“polygamous marriage" means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy;

[^F94“the Post Office” means Post Office Limited (registered number 02154540);^F94]

[^F94“Post Office compensation payment” means a payment made by the Post Office or the Secretary of State for the purpose of providing compensation or support which is—

(a)in connection with the failings of the Horizon system; or

(b)otherwise payable following the judgment in Bates and Others v Post Office Ltd ((No. 3) “Common Issues”);^F94]

^F132...

[^F53“public authority” includes any person certain of whose functions are functions of a public nature;^F53]

[^F133“qualifying age for state pension credit” means—

(a)in the case of a woman, pensionable age; or

(b)in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;^F133]

“qualifying person" means a person in respect of whom [^F134a Grenfell Tower payment[^F135, a child abuse payment[^F136, a Windrush payment, a Post Office compensation payment[^F137, a vaccine damage payment or an LGBT Financial Recognition Scheme payment^{F137,F136,F135}]]] has been made or^F134]payment has been made from the Fund[^F138, the Eileen Trust^F138][^F139, MFET Limited^F139][^F140, the Skipton Fund^F140][^F141, the Caxton Foundation^F141][^F142, the Scottish Infected Blood Support Scheme^F142][^F143, an approved blood scheme^F143][^F144, the London Emergencies Trust, the We Love Manchester Emergency Fund^F144][^F145, the National Emergencies Trust^F145][^F146, the Victims of Overseas Terrorism Compensation Scheme^F146] or the London Bombings Relief Charitable Fund;

“relative" means close relative, grand-parent, grand-child, uncle, aunt, nephew or niece;

“relevant enactment" has the meaning prescribed in [^F147regulation 78(9)(a)^F147] ;

[^F148“relevant person”, in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that property or those rights or interests;^F148]

“remunerative work" has the meaning prescribed in regulation 51(1);

^F123...

^F149...

^F123...

[^F150“sandwich course” has the meaning prescribed in regulation 2(9) of the Education (Student Support) Regulations 2008, regulation 4(2) of the Education (Student Loans) (Scotland) Regulations 2007, regulation 2(8) of the Education (Student Support) Regulations (Northern Ireland) 2007;^F150]

[^F151“Scottish adult disability living allowance ” has the meaning given in regulation 2 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;^F151]

[^F152“Scottish basic rate” means the rate of income tax of that name calculated in accordance with section 6A of the Income Tax Act 2007;^F152]

[^F153“Scottish Infected Blood Support Scheme” means the scheme of that name administered by the Common Services Agency (constituted by section 10 of the National Health Service (Scotland) Act 1978);^F153]

[^F152“Scottish taxpayer” has the same meaning as in Chapter 2 of Part 4A of the Scotland Act 1998;^F152]

“self-employed earner" has the meaning it has in Part I of the BenefitsAct by virtue of section 2(1)(b) of that Act;

[^F154“self-employment route” means assistance in pursuing self-employed earner’s employment whilst participating in—

(a)an employment zone programme; ^F155...

(b)a programme provided or other arrangements made pursuant to section 2 of the Employment and Training Act 1973 (functions of the Secretary of State) or section 2 of the Enterprise and New Towns (Scotland) Act 1990 (functions in relation to training for employmentetc.)^F154][^F156; or

(c)a scheme prescribed in regulation 3 of the Jobseeker's Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013;^F156]

^F157(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F158shared parental leave” means leave under section 75E to 75G of the Employment Rights Act 1996;^F158]

^F159...

“single claimant" means a claimant who neither has a partner nor is a lone parent;

[^F160“the Skipton Fund” means the ex-gratia payment scheme administered by the Skipton Fund Limited, incorporated on 25th March 2004, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with the scheme’s provisions;^F160]

[^F161“sports award" means an award made by one of the Sports Councils named in section 23(2) of the National Lottery etc.Act 1993 out of sums allocated to it for distribution under that section;^F161]

^F162...

[^F51“subsistence allowance" means an allowance which an employment zone contractor has agreed to pay to a person who is participating in an employment zone programme;^F51]

“terminal date" in respect of a claimant means the terminal date in his case for the purposes of regulation 7 of the Child Benefit (General) Regulations 1976;

[^F163“traineeship” means a course which—

“training allowance" means an allowance (whether by way of periodical grants or otherwise) payable—

(a)^F165out of public funds by a Government department or by or on behalf of the Secretary of State..., [^F166Skills Development Scotland,^F166] Scottish Enterprise or Highlands and Islands Enterprise [^F167, ^F168... or the [^F169Welsh Ministers^F169,F167]] ; and

(b)to a person for his maintenance or in respect of a member of his family; and

(c)^F165for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, that department or approved by that department in relation to him or so provided or approved by or on behalf of the Secretary of State..., [^F166Skills Development Scotland,^F166] Scottish Enterprise or Highlands and Islands Enterprise [^F170or the [^F169Welsh Ministers^F169,F170]] ,

but it does not include an allowance paid by any Government department to or in respect of a person by reason of the fact that he is following a course of full-time education, other than under arrangements made under section 2 of the Employment and Training Act 1973[^F171or section 2 of the Enterprise and New Towns (Scotland) Act 1990,^F171] or is training as a teacher;

[^F172“universal credit” means universal credit under Part 1 of the 2012 Act;^F172]

[^F9“the Universal Credit etc. Claims and Payments Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013;^F9]

[^F94“vaccine damage payment” means a payment made under the Vaccine Damage Payments Act 1979;^F94]

[^F173“the Victims of Overseas Terrorism Compensation Scheme” means the scheme of that name established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010;^F173]

“voluntary organisation" means a body, other than a public or local authority, the activities of which are carried on otherwise than for profit;

[^F19“war disablement pension” means any retired pay or pension or allowance payable in respect of disablement under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003;^F19]

[^F19“war pension” means a war disablement pension, a war widow’s pension or a war widower’s pension;^F19]

[^F19“war widow’s pension” means any pension or allowance payable to a woman as a widow under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;^F19]

[^F19“war widower’s pension” means any pension or allowance payable to a man as a widower or to a surviving civil partner under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;^F19]

^F174...

^F174...

^F174...

“water charges" means–

(a)^F175as respects England and Wales, any water and sewerage charges under Chapter 1 of Part V of the Water Industry Act 1991 ;

(b)^F176as respects Scotland, any water and sewerage charges under Schedule 11 to the Local Government Finance Act 1992 ;

in so far as such charges are in respect of the dwelling which a person occupies as his home;

[^F177“the We Love Manchester Emergency Fund” means the registered charity of that name (number 1173260) established on 30th May 2017;^F177]

“week" in [^F178the definitions of “full-time course of advanced education” and of “full-time student” and^F178][^F179Parts III, VI, VII, VIII, IX, X, XI, XII and XIII^F179] means a period of 7 days;

[^F180“the Welfare Reform Act” means the Welfare Reform Act 2007;^F180]

[^F181“welfare to work beneficiary" means a person–

[^F28“Windrush payment” means a payment made under the Windrush Compensation Scheme (Expenditure) Act 2020;^F28]

[^F182“Work Experience” means the employment programme specified in regulation 75(1)(a)(vi);^F182]

[^F183“working tax credit” means a working tax credit under section 10 of the Tax Credits Act 2002;^F183]

^F47...

^F184 “year of assessment" has the meaning prescribed in section 832(1) of the Income and Corporation Taxes Act 1988 ;

“young person" except in Part IV has the meaning prescribed in regulation 76.

[^F185(3A)For the purposes of the definition of “full-time student" in paragraph (3) but subject to paragraph (3D), a person shall be regarded as attending or, as the case may be, undertaking a course of study or as being on a sandwich course—

(a)subject to paragraph (3B), in the case of a person attending or undertaking a part of a modular course which would be a full-time course of study, for a period beginning on the day on which that part of the course starts and ending—

(i)on the last day on which he is registered with the educational establishment as attending or undertaking that part as a full-time course of study; or

(ii)on such earlier date (if any) as he finally abandons the course or is dismissed from it;

(b)in any other case, throughout the period beginning on the date on which he starts attending or undertaking the course and ending on the last day of the course or on such earlier date (if any) as he finally abandons it or is dismissed from it.

(3B)For the purpose of sub-paragraph (a) of paragraph (3A), the period referred to in that sub-paragraph shall include—

(a)where a person has failed examinations or has failed to successfully complete a module relating to a period when he was attending or undertaking a part of the course as a full-time course of study, any period in respect of which he attends or undertakes the course for the purpose of retaking those examinations or that module;

(b)any period of vacation within the period specified in that paragraph or immediately following that period except where the person has registered with the educational establishment to attend or undertake the final module in the course and the vacation immediately follows the last day on which he is required to attend or undertake the course.

(3C)In paragraph (3A), “modular course" means a course of study which consists of two or more modules, the successful completion of a specified number of which is required before a person is considered by the educational establishment to have completed the course.

(3D)A full-time student shall not be regarded as undertaking a full-time course of advanced education or a full-time course of study for the period specified in paragraph (3E) if—

(a)at any time during an academic year, with the consent of the relevant educational establishment, he ceases to attend or undertake a course because he is—

(i)engaged in caring for another person; or

(ii)ill;

(b)he has subsequently ceased to be engaged in caring for that person or, as the case may be, he has subsequently recovered from that illness; and

(c)he is not eligible for a grant or a student loan (as defined in regulation 130) in respect of the period specified in paragraph (3E).

(3E)The period specified for the purposes of paragraph (3D) is the period[^F186, not exceeding one year,^F186] beginning on the day on which he ceased to be engaged in caring for that other person or, as the case may be, the day on which he recovered from that illness and ending on the day before—

(a)the day on which he resumes attending or undertaking the course; or

[^F187(b)the day from which the relevant educational establishment has agreed that he may resume attending or undertaking the course,^F187]

whichever shall first occur.^F185]

[^F188(3F)For the purposes of these Regulations, where a person’s principal place of residence is a [^F189care home, an Abbeyfield Home or an independent hospital and he is temporarily absent from that home or hospital, he shall be regarded as continuing to reside in that home or hospital^F189]—

(a)where he is absent because he is a patient, for the first [^F19052^F190]weeks of any such period of absence and for this purpose—

(i)“patient” has the meaning it has in Schedule 5 by virtue of regulation 85; and

(ii)periods of absence separated by not more than 28 days shall be treated as a single period of absence equal in duration to all those periods; and

(b)for the first three weeks of any other period of absence.^F188]

[^F191(3G)References in these Regulations to a claimant participating as a service user are to—

(a)a person who is being consulted by or on behalf of—

(i)a body which has a statutory duty to provide services in the field of health, social care or social housing; or

(ii)a body which conducts research or undertakes monitoring for the purpose of planning or improving such services,

in their capacity as a user, potential user, carer of a user or person otherwise affected by the provision of those services; or

[^F192(ab)a person who is being consulted by or on behalf of—

(i)the Secretary of State in relation to any of the Secretary of State’s functions in the field of social security or child support or under section 2 of the Employment and Training Act 1973; or

(ii)a body which conducts research or undertakes monitoring for the purpose of planning or improving such functions,

in their capacity as a person affected or potentially affected by the exercise of those functions or the carer of such a person;^F192]

(b)the carer of a person consulted under [^F193sub-paragraphs (a) or (ab)^F193].^F191]

(4) In these Regulations, unless the context otherwise requires, a reference–

(a)to a numbered section is to the section of the Act bearing that number;

(b)to a numbered Part is to the Part of these Regulations bearing that number;

(c)to a numbered regulation or Schedule is to the regulation in or Schedule to these Regulations bearing that number;

(d)in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number;

(e)in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

(5) Unless the context requires otherwise, any reference to the claimant’s family or, as the case may be, to a member of his family, shall be construed for the purposes of these Regulations as if it included in relation to a polygamous marriage a reference to any partner and to any child or young person who is treated as the responsibility of the claimant or his partner, where that child or young person is a member of the claimant’s household.

[^F194(6)In such cases and subject to such conditions or requirements as the Secretary of State may specify by means of a direction, any requirement imposed by or under these Regulations for a signature may be satisfied by means of an electronic signature (within the meaning given in section 7(2) of the Electronic Communications Act 2000.)^F194]

Definition of non-dependant

2.—(1) In these Regulations, “non-dependant" means any person, except a person to whom paragraph (2), (3) or (4) applies, who normally resides with the claimant or with whom the claimant normally resides.

(2) This paragraph applies to–

(a)any member of the claimant’s family;

(b)a child or young person who is living with the claimant but who is not a member of his household by virtue of regulation 78 (circumstances in which a person is to be treated as being or not being a member of the household);

(c)a person who lives with the claimant in order to care for him or for the claimant’s partner and who is engaged for that purpose by a charitable or voluntary organisation (other than a public or local authority) which makes a charge to the claimant or the claimant’s partner for the care provided by that person;

(d)the partner of a person to whom sub-paragraph (c) applies.

(3) This paragraph applies to a person, other than a close relative of the claimant or the claimant’s partner,—

(a)who is liable to make payments on a commercial basis to the claimant or the claimant’s partner in respect of his occupation of the claimant’s dwelling;

(b)to whom the claimant or the claimant’s partner is liable to make payments on a commercial basis in respect of his occupation of that person’s dwelling;

(c)who is a member of the household of a person to whom sub-paragraph (a) or (b) applies.

(4) Subject to paragraph (5), this paragraph applies to–

(a)a person who jointly occupies the claimant’s dwelling and who is either–

(i)a co-owner of that dwelling with the claimant or the claimant’s partner (whether or not there are other co-owners); or

(ii)jointly liable with the claimant or the claimant’s partner to make payments to a landlord in respect of his occupation of that dwelling; or

(b)a partner of a person to whom sub-paragraph (a) applies.

(5) Where a person is a close relative of the claimant or the claimant’s partner, paragraph (4) shall apply to him only if the claimant’s, or the claimant’s partner’s, co-ownership, or joint liability to make payments to a landlord in respect of his occupation, of the dwelling arose either before 11th April 1988, or, if later, on or before the date upon which the claimant or the claimant’s partner first occupied the dwelling in question.

(6) For the purposes of this regulation a person resides with another only if they share any accommodation except a bathroom, a lavatory or a communal area but not if each person is separately liable to make payments in respect of his occupation of the dwelling to the landlord.

(7) In this regulation “communal area" means any area (other than rooms) of common access (including halls and passageways) and rooms of common use in sheltered accommodation.

[^F195Disapplication of section 1(1A) of the Administration Act

2A.Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply—

^F196(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)to any claim for jobseeker’s allowance made or treated as made before 5th October 1998.^F195]

[^F197(c)to a person who—

(i)is a person in respect of whom a claim for jobseeker’s allowance is made;

(ii)is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act;

(iii)is not entitled to any jobseeker’s allowance for the purposes of section 1 of the Act; and

(iv)has not previously been allocated a national insurance number.^F197]

Meanings of certain expressions used in the Jobseekers Act 1995

3. For the purposes of the Act and of these Regulations—

• “employed earner" has the meaning it has in Part I of the Benefits Act by virtue of section 2(1)(a) of that Act;

• [^F198“employment", except as provided in regulations 4 and 75, includes any trade, business, profession, office or vocation;^F198]

• “pensionable age" has the meaning it has in Parts I to VI of the Benefits Act by virtue of section 122(1) of that Act.

[^F199PART IAJOINT-CLAIM COUPLES

Prescribed description of a joint-claim couple for the purposes of section 1(4)

3A.—(1)For the purposes of section 1(4), a joint-claim couple shall include any joint-claim couple within the meaning given in section 1(4) of the Act where at least one member [^F200is aged 18 or over and^F200] was born after [^F20128th October [^F2021947^F202,F201]], unless a member of the couple is treated as responsible for a child or young person under regulation 77(3), or the couple has care of a child or young person in one or more of the circumstances mentioned in regulation 78(4), or a child or young person is living with either member of the couple in the circumstances mentioned in regulation 78(8).

(2)In a case where a person would (but for these Regulations) be a member of more than one joint-claim couple, a joint-claim couple means the couple of which he is a member which that person nominates (or in default of such nomination, which the Secretary of State nominates), to the exclusion of any other couple of which he is a member.

Entitlement of a former joint-claim couple to a jobseeker’s allowance

3B.—(1)Where a joint-claim couple cease to be a joint-claim couple because they become, or are treated as, responsible for one or more children—

(a)any claim made by both members of that couple for a jobseeker’s allowance may be treated as a claim for a jobseeker’s allowance made by either member of that couple;

(b)any award of a joint-claim jobseeker’s allowance in respect of that couple may be terminated and may be replaced by a replacement award,

where the conditions specified in paragraph (2) have been complied with.

(2)The conditions specified in this paragraph are that a member of the couple—

(a)provides such evidence as the Secretary of State may require confirming that the couple are responsible for one or more children; and

(b)advises the Secretary of State as to which member of the couple is to be the claimant.

(3)The claim by a member of the couple for a jobseeker’s allowance referred to in paragraph (1)(a) shall be treated as made on the date on which he and his partner were treated as having claimed a jobseeker’s allowance as a joint-claim couple as determined in accordance with regulation 6 of the Claims and Payments Regulations.

(4)In this regulation, “replacement award” shall have the meaning ascribed to it by paragraph 9A of Schedule 1 to the Act.

Entitlement of a new joint-claim couple to a jobseeker’s allowance

3C.—(1)Paragraph (2) shall apply where a couple become a joint-claim couple because the child, or all the children, for which they were responsible have—

(a)died;

(b)ceased to be a child or children for whom they are responsible; or

(c)reached the age of 16 and are [^F203not qualifying young persons within the meaning of section 142 of the Benefits Act (child and qualifying young person)^F203].

(2)In a case to which this paragraph applies—

(a)any claim made by either member of that couple for a jobseeker’s allowance may be treated as a claim made by both members of the couple;

(b)any award of an income-based jobseeker’s allowance, or a replacement award, in respect of either member of that couple may be terminated and may be replaced by a new award in respect of the couple,

where the conditions specified in paragraph (3) have been complied with.

(3)The conditions specified in this paragraph are that the Secretary of State—

(a)has sufficient evidence to decide whether a new award should be made; and

(b)is informed as to which member of the couple is to be the nominated member for the purposes of section 3B.

(4)The claim by both members of the joint-claim couple for a jobseeker’s allowance referred to in paragraph (2)(a) shall be treated as made on the date on which the claim by a member of that couple was treated as made in accordance with regulation 6 of the Claims and Payments Regulations.

(5)For the purposes of paragraphs 6 and 7 of Schedule 2 (housing costs), any award of an income-based jobseeker’s allowance which related to the day before the day on which the relevant event specified in paragraph (1) occurred and any new award referred to in paragraph (2)(b) shall be treated as a continuous award of an income-based jobseeker’s allowance.

(6)In this regulation, “new award” shall have the meaning ascribed to it by paragraph 9C of Schedule 1 to the Act.

Further circumstances in which a joint-claim couple may be entitled to a joint-claim jobseeker’s allowance

3D.—(1)Subject to paragraph (2), a joint-claim couple are entitled to a joint-claim jobseeker’s allowance where—

(a)the members of that coupleclaim a jobseeker’s allowance jointly;

(b)one member satisfies the conditions set out in section 1(2)(a) to (c) and (e) to (i); and

[^F204(c)the other member satisfies the condition in section 1(2)(e) and (h) but is not required to satisfy the other conditions in section 1(2B)(b) because, subject to paragraph (3), he is a person to whom any paragraph in Schedule A1 applies; and^F204]

(d)the conditions set out in section 3A are satisfied in relation to the couple.

(2)A member of a joint-claim couple who falls within any paragraph in Schedule A1 for the purposes of this regulation for any day in a benefitweek shall fall within that category for the whole of that week.

(3)Subject to paragraph (4), paragraph 2 of Schedule A1 (students) may only apply to a member of a joint-claim couple in respect of one claim for a jobseeker’s allowance made jointly by that couple in respect of a jobseeking period applying to the other member of that couple.

(4)Notwithstanding paragraph (3), paragraph 2 of Schedule A1 may apply to a member of a joint-claim couple in respect of a further claim for a jobseeker’s allowance made jointly by the couple where the couple’s previous entitlement to a joint-claim jobseeker’s allowance ceased because one member of the couple—

(a)was engaged in remunerative work;

(b)had been summoned to jury service; or

(c)was within a linked period as prescribed in regulation 48(2).

Entitlement of a member of a joint-claim couple to a jobseeker’s allowance without a claim being made jointly by the couple

3E.—(1)A member of a joint-claim couple is entitled to a jobseeker’s allowance if, without making a claim jointly for that allowance with the other member of the couple—

(a)he satisfies the conditions set out in section 1(2) (a) to (c) and (e) to (i);

(b)he satisfies the conditions set out in section 3; and

(c)the other member of that couple fails to meet the conditions of entitlement set out in section 1(2B)(b) and is a person to whom paragraph (2) applies.

(2)This paragraph applies to a member of a joint-claim couple—

(a)who has failed to attend at the time and place specified by the employment officer for the purposes of regulation 6 of the Claims and Payments Regulations;

(b)in respect of whom it has been determined by the Secretary of State that the conditions in section 1(2)(a) to (c) have not been satisfied but only for so long as it has been so determined in respect of that member;

(c)who is temporarily absent from Great Britain;

(d)who is a person from abroad as defined for the purposes of regulation[^F20585A^F205] and Schedule 5;

(e)who is subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act;

(f)who is over pensionable age;

(g)who is engaged, or has agreed to be engaged, in remunerative work for [^F20616 hours or more^F206] per week but less than 24 hours per week;

(h)who has claimed a maternity allowance payable in accordance with section 35 [^F207or 35B^F207] of the Benefits Act or who has claimed statutory maternity pay payable in accordance with Part XII of that Act;

(i)who is or has been pregnant and to whom sub-paragraph (h) does not apply but only for the period commencing 11 weeks before the expected week of confinement and ending [^F208twenty eight weeks after the date on which the pregnancy ends^F208];

(j)in respect of whom there is an Order in Council under section 179 of the Administration Act giving effect to a reciprocal agreement which, for the purposes of jobseeker’s allowance, has effect as if a payment made by another country is to be treated as a payment of a jobseeker’s allowance; ^F209...

(k)who is in receipt of statutory sick pay and who, immediately before he became incapable of work, was engaged in remunerative work for [^F21016 hours or more^F210] per week[^F211or

[^F211(1)where the other member was entitled to an income-based jobseeker’s allowance on [^F21224th February 2008^F212], save that this sub-paragraph shall apply only until the day on which he is required to attend at a place specified by an employment officer in a notification given or sent to him.^F211,F211]]

Transitional case couples: prescribed circumstances and period for the purposes of paragraph 8A(2) of Schedule 1

^F2133F.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supply of information

3G.Where a claim for a jobseeker’s allowance has been made jointly by a joint-claim couple, information relating to that claim may be supplied by the Secretary of State to either or both members of that couple for any purpose connected with that claim.^F199]

PART II JOBSEEKING

Chapter I Interpretation

Interpretation of Parts II, IV and V

4. In Parts II, IV and V and, as provided below, the Act—

• “appropriate office" means the office of the Department for [^F214Work and Pensions^F214] which the claimant is required to attend in accordance with a notice under regulation 23, or any other place which he is so required to attend;

• “caring responsibilities" means responsibility for caring for a child or for an elderly person or for a person whose physical or mental condition requires him to be cared for, who is either in the same household or a close relative;

• “casual employment" means employment from which the employee can be released without his giving any notice [^F215except where otherwise provided^F215] ;

• “close relative" means [^F216, except in Part IV,^F216][^F217a member of a couple^F217] , parent, step-parent, grandparent, parent-in-law, son, step-son, son-in-law, daughter, step-daughter, daughter-in-law, brother, sister, grandchild [^F218or if any of the preceding persons is one member of a couple, the other member of that couple^F218] ;

• “elderly person" means a person of or over pensionable age;

• ^F219“employment" in sections 1, 3, 6, 8, 14... and 20 and paragraph 8 of Schedule 1 to the Act and in [^F220Parts II and IV^F220] means employed earner’s employment except where otherwise provided;

• ^F221...

• [^F215“examination" in relation to a qualifying course means an examination which is specified as an examination related to the qualifying course in a document signed on behalf of the establishment at which the qualifying course is being undertaken;^F215]

• [^F222“made a claim for a jobseeker’s allowance" includes treated as having made a claim for the allowance and treated as having an award of the allowance in accordance with regulation 5, 6 or 7 of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1996^F222]

• “Outward Bound course" means any course or programme for personal development which is made available to persons who are not in employment by the charitable trust known as the Outward Bound Trust Limited;

• [^F223“part-time member of a fire brigade” means a person who is a part-time fire-fighter employed by a fire and rescue authority under the Fire and Rescue Services Act 2004 or by the Scottish Fire and Rescue Service established under section 1A of the Fire (Scotland) Act 2005;^F223]

• “pattern of availability" has the meaning given in regulation 7;

• [^F224“period of study" means—

  (a)

  the period during which the student is regarded as attending or undertaking the course of study; and

  (b)

  any period of attendance by the student at his educational establishment or any period of study undertaken by the student, in connection with the course, which occurs before or after the period during which he is to be regarded as undertaking the course of study;^F224]

• “a person who is kept on short-time" means a person whose hours of employment have been reduced owing to temporary adverse industrial conditions;

• “a person who is laid off" means a person whose employment has been suspended owing to temporary adverse industrial conditions;

• [^F225“qualifying course" has the meaning given in regulation 17A;^F225]

• [^F225“term-time" in relation to a qualifying course means the period specified as term-time in relation to a person to whom regulation 17A(2) applies in a document signed on behalf of the establishment at which the qualifying course is being undertaken;^F225]

• [^F225“vacation" in relation to a qualifying course means any period falling within the period of study, which is not term-time;^F225]

• “voluntary work" means work for an organisation the activities of which are carried on otherwise than for profit, or work other than for a member of the claimant’s family, where no payment is received by the claimant or the only payment due to be made to him by virtue of being so engaged is a payment in respect of any expenses reasonably incurred by him in the course of being so engaged;

• “week" in sections 6 and 7 and in Parts II and IV means benefitweek except where provided otherwise in Parts II and IV;

• “work camp" means any place in Great Britain where people come together under the auspices of a charity, a local authority or a voluntary organisation to provide a service of benefit to the community or the environment.

Chapter II Availability for Employment

Exceptions to requirement to be available immediately: carers, voluntary workers, persons providing a service and persons under an obligation to provide notice_cross-notes

5.[^F226—(1)[^F227Subject to paragraph (1A),^F227] in order to be regarded as available for employment—

^F228(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a person who is engaged in voluntary work[^F229or who has caring responsibilities^F229] 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.^F226]

[^F230(1A)In order to be regarded as available for employment, a person who has caring responsibilities in relation to a child is not required to take up employment or attend for interview within the periods referred to in paragraph (1) if those responsibilities make it unreasonable for him to do so, providing he is willing and able—

(a)to take up employment on being given 28 days notice; and

(b)to attend for interview in connection with the opportunity of any such employment on being given 7 days notice.

(1B)For the purposes of paragraph (1A), it is for the claimant to show that it is unreasonable for him to take up employment or attend for interview within the periods referred to in paragraph (1). ^F230]

(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 [^F231section 86 of the Employment Rights Act 1996^F231] 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 [^F232, 13A^F232] 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.

^F234(5) Where in accordance with paragraph [^F233(1), (1A) or (2)^F233] a person is not required to be able to take up employment immediately, the ... periods referred to in those paragraphs include periods when in accordance with regulation 7 [^F235, 13 or 13A^F235] he is not available.

[^F236(6)In this regulation “week” means any period of seven consecutive days.^F236]

Employment of at least 40 hours per week_cross-notes

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 [^F237(3), (3A) or (4)^F237] of regulation[^F23813, regulation 13A or^F238] 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 [^F237(3), (3A) or (4)^F237] of regulation[^F23813, regulation 13A or^F238] paragraph (2) of regulation 17 or two or more of those provisions.

Restriction of hours for which a person is available to 40 hours per week_cross-notes

7.—(1) Except as provided in [^F239regulations 13, 13A and 17(2)^F239] , 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.

Other restrictions on availability_cross-notes

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), [^F24013(2), (3), (3A) or (4)^F240][^F241, 13A^F241] or 17(2).

No restrictions on pay after six months_cross-notes

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.

Reasonable prospects of employment_cross-notes

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.

Part-time students_cross-notes

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), [^F24213(3), (3A) or (4)^F242][^F243, 13A^F243] 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 [^F244(1), (1A), (2) or (3)^F244] 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)^F246for 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 [^F245, incapacity benefit or employment and support allowance^F245] 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 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 [^F245, incapacity benefit or employment and support allowance^F245] 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 [^F245, incapacity benefit or employment and support allowance^F245] 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 [^F247secured in England by the [^F248Secretary of State^F248]^F249... and in Wales by the Welsh Ministers^F247][^F250, and, in Scotland, provided^F250] directly or indirectly by a Local Enterprise Company pursuant to its arrangement with, as the case may be, [^F251Skills Development Scotland,^F251] Scottish Enterprise or Highlands and Islands Enterprise (whether that arrangement is known as an Operating Contract or by any other name).

Volunteers_cross-notes

[^F25212.—(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), [^F25313(3), (3A) or (4)^F253][^F254, 13A^F254] 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.^F252]

Additional restrictions on availability for certain groups_cross-notes

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 [^F255(3), (3A) or (4)^F255] of this regulation[^F256, regulation 13A or ^F256]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.

[^F257(3A)A person who has caring responsibilities in relation to a child and who—

(a)is the subject of a parenting order concerning that child under section 8 of the Crime and Disorder Act 1998, section 20 of the Anti-social Behaviour Act 2003 (“the 2003 Act”) [^F258or Chapter 4 of Part 11 of the Sentencing Code^F258] , or in relation to Scotland, under section 102 of the Antisocial Behaviour etc. (Scotland) Act 2004, or

(b)has entered into a parenting contract concerning that child under section 19 of the 2003 Act,

may restrict his availability in any way providing the restrictions are reasonable in the light of the terms of the order or contract.^F257]

(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.

[^F259(6)This paragraph applies to a person who has caring responsibilities in relation to a child if an employment officer determines that, due to the type and number of employment vacancies within daily travelling distance of the person’s home, he would not satisfy the condition in paragraph (4)(b).

(7)Paragraph (4) has effect in relation to a person to whom paragraph (6) applies as if sub-paragraph (b) were omitted.^F259]

[^F260Additional restrictions on availability for lone parents_cross-notes

13A.A lone parent who in any week is responsible for, and a member of the same household as, a child under the age of 13 may restrict his availability for employment to the child’s normal school hours.^F260]

Circumstances in which a person is to be treated as available

^F26114.—(1) A person... shall be treated as available for employment in the following circumstances for as long as those circumstances apply, subject to [^F262paragraph (2B) and to^F262] 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;

[^F263(aa)notwithstanding regulation 15(1)(a), if he is participating in a traineeship;^F263]

(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 [^F264and he is not given notice to participate in [^F265a scheme prescribed in regulation 3 of the Jobseeker's Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013^F265,F264]] , for one week commencing with the date of his discharge;

[^F266(i)if the period beginning on 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;^F266]

[^F267(j)if the award is terminated other than on the last day of a week, for the period beginning with the beginning of the week in which the award is terminated and ending on the day on which the award is terminated;^F267]

(k)notwithstanding regulation 15(a), if he is participating in a programme provided by the Venture Trust in pursuance of an arrangement made by [^F268the Scottish Ministers^F268] , 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[^F269or as not having limited capability for work^F269] in accordance with regulation 55, [^F27055ZA or 55A,^F270] for the period determined in accordance with that regulation;

^F271(ll). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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[^F272other than a joint-claim couple^F272] 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.

[^F273(nn)if he is a member of a joint-claim couple and he and his partner are both absent from Great Britain and a premium referred to in paragraph 20E, 20F, 20G or 20I of Schedule 1 (applicable amounts) is applicable in respect of his partner, for a maximum of 4 weeks;^F273]

[^F274(o)if

(i)he is available for employment, or is treated as such, on the day he makes his claim for a jobseeker’s allowance; and

(ii)the Secretary of State has directed that the prescribed time for claiming a jobseeker’s allowance be extended under regulation 19(6) of the Claims and Payments Regulations where the circumstances specified in regulation 19(7)(d) of those Regulations applied in relation to an entitlement to incapacity benefit[^F275, employment and support allowance^F275] or an entitlement to income support by virtue of paragraph 7 of Schedule 1B to the Income Support Regulations,

for the period of that extension.^F274]

[^F276(p)if he is temporarily absent from Great Britain in the circumstances prescribed in regulation 50(6B)(a) or (c), for the period of any such temporary absence.^F276]

[^F277(q)if he is temporarily absent from Great Britain in the circumstances prescribed in regulation 50(6AA) or, as the case may be, (6C).^F277]

[^F278(r)if he is required to attend a court or tribunal as a justice of the peace, a party to any proceedings, a witness or a juror;

(s)if, for a maximum of 96 hours before being released, he is in—

(i)police detention within the meaning in section 118(2) of the Police and Criminal Evidence Act 1984 (general interpretation), or

(ii)legal custody within the meaning in section 295 of the Criminal Procedure (Scotland) Act 1995 (legal custody in Scotland) but is not a prisoner as defined by regulation 85(4) (special cases).^F278]

[^F279(t)he is looking after a child for whom he has caring responsibilities during the child’s school holidays or another similar vacation period and it would be unreasonable for him to make other arrangements for the care of that child;

(u)he is looking after a child for whom he has caring responsibilities at a time when the child—

(i)is excluded from school or another educational establishment, and

(ii)is not receiving education pursuant to arrangements made by [^F280a local authority (as defined in section 579 of the Education Act 1996)^F280] or (in Scotland) an education authority, and

there are no other arrangements for the care of that child it would be reasonable for him to make^F279]

[^F281(v)if he is a member of a reserve force prescribed in Part 1 of Schedule 6 to the ContributionsRegulations, either—

(i)if he is engaged in his first year of training, for a maximum of 43 days in that year; or

(ii)if he is engaged in annual continuous training, for a maximum of 15 days in any calendar year.^F281]

^F284(2)[^F282Subject to [^F283paragraphs (2ZB), (2ZC) and (2ZD)^F283],^F282] a person... 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.

[^F285(2ZA)A person who has caring responsibilities in relation to a child may be treated as available for employment for more than one week, but for no more than 8 weeks, on the occurrence of any of the circumstances set out in paragraph (2)(a) or (b), or any combination of those circumstances, but on no more than one occasion in any period of 12 months.

(2ZB)Where a claimant has been treated as available for employment under paragraph (2ZA) in any period of 12 months, the first week in which he is so treated shall count towards the 4 periods allowable under paragraph (2).^F285]

[^F286(2ZC)A person who has recently become homeless shall be treated as available for employment under paragraph (2)(b) only where he takes such steps as are reasonable for him to take to find living accommodation.

(2ZD)A person to whom paragraph (2ZC) applies may be treated as available for employment under paragraph (2)(b) for periods of longer than one week and on more than 4 occasions in any 12 months.^F286]

[^F287(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 regulations[^F28813(3), (3A) or (4)^F288][^F289, 13A^F289] or 17(2) 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 regulations[^F28813(3), (3A) or (4)^F288][^F289, 13A^F289] or 17(2), and

(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, 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, and

(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.^F287]

[^F290(2B)A person shall not be treated as available for employment under paragraph (1)(r)—

(a)for more than eight weeks,

(b)where he does not, before the period during which he is required to attend the court or tribunal, give an employment officer notice, in writing where requested by the employment officer, that he is so required, or

(c)where he is a prisoner as defined by regulation 85(4) (special cases).^F290]

(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), [^F29113(4)^F291] 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[^F2917(1), 13(4) or 17(2)^F291] , 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.

[^F292(7)In this regulation, “tribunal” means any tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992.^F292]

[^F29314A.—(1)Paragraph (2) applies where a person (V) notifies the Secretary of State, in such manner as the Secretary of State specifies, that—

(a)domestic violence has been inflicted on or threatened against V by V’s partner or former partner or a family member, during the period of 26 weeks ending on the date of the notification; and

(b)at the time of the notification, V is not living at the same address as the person who inflicted domestic violence on or threatened it against V.

(2)Where this paragraph applies V is to be treated as being available for employment for a period of 4 weeks (“the 4 week exemption period”) beginning on the date of V’s notification to the Secretary of State under paragraph (1).

(3)V is to be treated as available for employment under paragraph (2)—

(a)whether or not V is entitled to a jobseeker’s allowance for the whole or part of the 4 week exemption period; and

(b)on only one occasion in any 12 month period.

(4)Paragraph (6) applies where domestic violence has been inflicted on or threatened against V by V’s partner or former partner or a family member.

(5)Domestic violence is only to be regarded as having been inflicted on or threatened against V for the purpose of paragraph (4) if V provides relevant evidence to the Secretary of State during the 4 week exemption period.

(6)Where this paragraph applies, V is to be treated as being available for employment for a period of 13 weeks (“the 13 week exemption period”) beginning on the date of V’s notification to the Secretary of State under paragraph (1).

(7)Subject to paragraphs (8) and (9), the 13 week exemption period shall apply for 13 consecutive weeks, whether or not V is entitled to a jobseeker’s allowance for the whole or part of that period.

(8)After the first 4 weeks of the 13 week exemption period, V may notify the Secretary of State that V no longer wishes to be treated as available for employment by virtue of paragraph (6).

(9)Where V gives such a notification to the Secretary of State, the 13 week exemption period—

(a)shall be suspended from the date of the notification until the date on which V gives a further notification to the Secretary of State that V wishes again to be treated as available for employment by virtue of paragraph (6); and

(b)shall not apply at any time after the expiry of 12 months from the date of the notification referred to in paragraph (1).

(10)For the purpose of this regulation—

[^F294“coercive behaviour” means an act of assault, humiliation or intimidation or other abuse that is used to harm, punish or frighten V;

“controlling behaviour” means an act designed to make V subordinate or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance or escape or regulating their everyday behaviour;

“domestic violence” means any incident or pattern of incidents of controlling behaviour, coercive behaviour, violence or abuse including but not limited to—

regardless of the gender or sexuality of V;.^F294]

“family member” means the following members of the family of V, V’s partner or V’s former partner – grandparent, grandchild, parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, brother-in-law, sister, sister-in-law, or, if any of the preceding persons is a member of a couple, the other member of that couple,

“health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002,

“person acting in an official capacity” means a health care professional, a police officer, a registered social worker, V’s employer or a representative of V’s trade union and any public, voluntary or charitable body which has had direct contact with V in connection with domestic violence,

“registered social worker” means a person registered as a social worker in a register maintained by—

“relevant evidence” means written evidence from a person acting in an official capacity showing that—

Circumstances in which a person is not to be regarded as available_cross-notes

15.[^F297—(1)^F297] A person shall not be regarded as available for employment in the following circumstances—

[^F298(a)^F299...if he is full-time student during the period of study;^F298]

(b)^F302if he is a prisoner on temporary release in accordance with [^F300the provisions of the Prison Act 1952^F301 or^F300] rules made under section 39(6) of the Prisons (Scotland) Act 1989 ;

[^F303(bb)if the period beginning on 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, for that period, unless he is treated as available for employment for that period in accordance with regulation 14;^F303]

[^F304(bc)if that person is on ordinary or additional adoption leave, shared parental leave, paternity leave, [^F305neonatal care leave,^F305] or parental bereavement leave by virtue of section 75A, 75B, [^F30680EA or 80EF^F306] of the Employment Rights Act 1996;^F304]

[^F307(c)if she is in receipt of maternity allowance under section 35 or 35B of the Benefits Act or maternity pay in accordance with sections 164-171 of that Act.^F307]

[^F308(2)[^F309Paragraph (1)(a) shall not apply to a full-time student^F309] during the period of the summer vacation appropriate to his course, but only if the first and second conditions are satisfied.

(3)The first condition is satisfied if—

(a)in the case of a student with a partner, the partner is also a full-time student and either of them is treated as responsible for a child or a young person; or

(b)in any other case, the student is treated as responsible for a child or young person.

(4)The second condition is satisfied if the student is—

(a)available for employment in accordance with this Chapter; or

(b)treated as available for employment in accordance with regulation 14(1)(a) or (k).^F308]

[^F310(5)Any provision of these Regulations under which a person is treated as available for employment is subject to paragraph (1) except to the extent that these Regulations expressly provide otherwise.^F310]

Further circumstances in which a person is to be treated as available: permitted period_cross-notes

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.

Laid off and short-time workers_cross-notes

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 [^F311(1), (1A) or (2)^F311] of regulation 5, at the time specified in that regulation.

(2)[^F312(a)^F312] 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 unless paragraph (b) or (c) applies;

(b)[^F313The total number of hours for which a person kept on short-time works and is available for casual employment may be less than 40 in any week if that person has imposed restrictions on his availability which are reasonable in the light of his physical or mental condition;

(c)The total number of hours for which a person kept on short-time works and is available for casual employment may be less than 40 in any week if he has caring responsibilities providing the total number of hours for which he works and is available for casual employment is as many as his caring responsibilities allow and for the specific hours those responsibilities allow and is at least 16 in any week;^F313]

(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.

[^F314Further circumstances in which a person is to be treated as available: full-time students participating in a qualifying course^F314]_cross-notes

[^F31417A.—(1)A person to whom paragraph (2) applies shall, notwithstanding regulation[^F31515(1)(a)^F315], be treated as available for employment in accordance with paragraph (3).

(2)This paragraph applies to a person—

(a)who is aged 25 years or over; and

(b)[^F316subject to paragraph (2A),^F316] who has made a claim for a jobseeker’s allowance and has been receiving benefit within a jobseeking period for not less than 2 years as at the date he started, or is due to start, the qualifying course and for the purposes of this paragraph the linking provision set out in regulation 48 shall apply.

[^F317(2A)A person who has been receiving benefit in accordance with paragraph (b) of the definition of “receiving benefit” in paragraphs (7) shall, for the purposes of paragraph (2)(b), be treated as having received benefit within a jobseeking period.^F317]

(3)Subject to paragraph (4), where an employment officer has determined, having regard to the factors specified in paragraph (5), that a person to whom paragraph (2) applies may undertake a qualifying course, that person shall be treated as available for employment in any week in which he is undertaking the qualifying course as a full-time student and—

(a)which falls wholly or partly in term-time, providing he—

(i)provides evidence, as often as may be required by an employment officer, within 5 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 qualifying course, confirming that he is attending the establishment when required to attend, in such form as may be required by the employment officer; and

(ii)provides evidence, as often as may be required by an employment officer, within 5 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 qualifying course, confirming that he is making satisfactory progress on the course, in such form as may be required by the employment officer;

(b)in which he is taking examinations relating to the qualifying course; or

(c)which falls wholly in a vacation from the qualifying course, if he is willing and able to take up immediately any casual employment.

(4)In a case where the combined duration of—

(a)any qualifying course, other than one falling within paragraph (6), which a person to whom paragraph (2) applies has previously undertaken in respect of which he was, for any part of such qualifying course, treated as available for employment in accordance with paragraph (3); and

(b)the qualifying course which he is currently undertaking

is more than 1 year, the person shall only be treated as available for employment in accordance with paragraph (3) if he has been receiving benefit within a jobseeking period for not less than 2 years since the last day of the most recent such qualifying course in respect of which he was, for any part, treated as available in accordance with paragraph (3), and for the purposes of this paragraph the linking provision set out in regulation 48 shall apply.

(5)The factors which an employment officer must take into account when determining whether a person may undertake a qualifying course are—

(a)the skills, qualifications and abilities of that person;

(b)whether the course would assist him to acquire new skills and qualifications;

(c)whether he would have to give up a course of study in order to undertake this course;

(d)any needs arising from his physical or mental condition;

(e)the time which has elapsed since he was last engaged in employment as an employed earner or as a self-employed earner;

(f)his work experience;

(g)the number of jobs in the labour market and, if relevant, the local labour market, which require the skills and qualifications which he would acquire on the course; and

(h)any evidence about whether this course or this type of course has facilitated the obtaining by persons of work.

(6)A qualifying course falls within this paragraph if the person had [^F318a good reason^F318] for any act or omission for the purposes of section [^F31819A(2)(d), (e) or (f)^F318] in relation to that course.

“benefit" means income support, unemployment benefit or a jobseeker’s allowance and “receiving benefit" means receiving benefit which that person has claimed and received as an unemployed person or in accordance with Part I of the Act;

“casual employment" means employment from which the employee can be released without his giving any notice or, if he is required to give notice, employment from which he can be released before the end of the vacation;

“duration" in relation to a qualifying course means the period beginning with the start of the course and ending with the last day of the course;

“jobseeking period" means the period described in regulation 47 and any period treated as a jobseeking period pursuant to regulation 47A;

“last day" in relation to a qualifying course means the date on which the last day of the course falls, or the date on which the final examination relating to that course is completed, whichever is the later;

“qualifying course" means a course which—

(a)is an employment-related course;

(b)lasts no more than 12 consecutive months; and

(c)except where it falls within paragraph (8), is either—

(i)a course of a description falling within Schedule 2 to the Further and Higher Education Act 1992; or

(ii) programme of learning falling within section 6 of the Further and Higher Education (Scotland) Act 1992.

(7)In this regulation—

[^F319“benefit” means

“receiving benefit" means [^F320receiving–

“casual employment" means employment from which the employee can be released without his giving any notice or, if he is required to give notice, employment from which he can be released before the end of the vacation;

“duration" in relation to a qualifying course means the period beginning with the start of the course and ending with the last day of the course;

“jobseeking period" means the period described in regulation 47 and any period treated as a jobseeking period pursuant to regulation 47A;

“last day" in relation to a qualifying course means the date on which the last day of the course falls, or the date on which the final examination relating to that course is completed, whichever is the later;

“qualifying course" means a course which—

(a)is an employment-related course;

(b)lasts no more than 12 consecutive months; and

(c)except where it falls within paragraph (8), is either—

(i)a course of a description falling within Schedule 2 to the Further and Higher Education Act 1992;or

(ii)a programme of learning falling within section 6 of the Further and Higher Education (Scotland) Act 1992

[^F322(7A)Subject to paragraph (7B), this paragraph shall apply in the case of a person–

(a)who–

(i)is a refugee within the definition of Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967; or

(ii)has been granted exceptional leave–

(aa)to enter the United Kingdom by an immigration officer appointed for the purposes of the Immigration Act 1971; or

(bb)to remain in the United Kingdom by the Secretary of State; and

(b)who was in receipt of income support as an asylum seeker pursuant to regulation 70(3A) of the Income Support Regulations at any time during the period of 12 weeks immediately preceding the beginning of the jobseeking period which includes the date on which he started, or is due to start, the qualifying course.^F322]

[^F322(7B)Paragraph (7A) shall include a person who has been recorded as a refugee by the Secretary of State within the definition in sub-paragraph (a) of that paragraph and whose claim for income support was determined in accordance with regulation 21ZA(2) or (3) of the Income Support Regulations (treatment of refugees).^F322]

(8)A course or a programme of learning which is of a standard above that of a course or programme of learning falling within paragraph (c) of the definition of “qualifying course" falls within this paragraph if an employment officer so determines in a particular case.^F314]

[^F323Further circumstances in which a person is to be treated as available: lone parents with children aged 5 not in full-time education

17BA lone parent shall be treated as available for employment in any week where—

(a)the lone parent is responsible for, and a member of the same household as, a child who is aged 5;

(b)the child—

(i)is nor receiving full-time education by regular attendance at school or otherwise; and

(ii)is not required by law to receive full-time education; and

(c)it would be unreasonable for the lone parent to make other arrangements for the care of that child.^F323]

Chapter III Actively Seeking Employment

Steps to be taken by persons actively seeking employment

18.[^F324—(1)For the purposes of section 7(1) (actively seeking employment) a person shall be expected to have to take more than two steps in any week unless taking one or two steps is all that is reasonable for that person to do in that week.^F324]

(2) Steps which it is reasonable for a person to be expected to have to take in any week include—

(a)oral or written applications (or both) for employment made to persons—

(i)who have advertised the availability of employment; or

(ii)who appear to be in a position to offer employment;

(b)seeking information on the availability of employment from—

(i)advertisements;

(ii)persons who have placed advertisements which indicate the availability of employment;

(iii)employment agencies and employment businesses;

(iv)employers;

(c)registration with an employment agency or employment business;

(d)appointment of a third party to assist the person in question in finding employment;

(e)seeking specialist advice, following referral by an employment officer, on how to improve the prospects of securing employment having regard to that person’s needs and in particular in relation to any mental or physical limitations of that person;

(f)drawing up a curriculum vitae;

(g)seeking a reference or testimonial from a previous employer;

(h)drawing up a list of employers who may be able to offer employment to him with a view to seeking information from them on the availability of employment;

(i)seeking information about employers who may be able to offer employment to him;

(j)seeking information on an occupation with a view to securing employment in that occupation.

(3) In determining whether, in relation to any steps taken by a person, the requirements of section 7(1) are satisfied in any week, regard shall be had to all the circumstances of the case, including—

(a)his skills, qualifications and abilities;

(b)his physical or mental limitations;

(c)the time which has elapsed since he was last in employment and his work experience;

(d)the steps which he has taken in previous weeks and the effectiveness of those steps in improving his prospects of securing employment;

(e)the availability and location of vacancies in employment;

(f)any time during which he was—

(i)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,

(ii)attending an Outward Bound course,

(iii)in the case of a blind person, participating in a course of training in the use of guide dogs,

(iv)participating in training in the use of aids to overcome any physical or mental limitations of his in order to improve his prospects of securing employment,

(v)^F325engaged in duties as a member of any ... reserve force prescribed in Part I of [^F326Schedule 6 to the Social Security (Contributions) Regulations 2001^F326] ,

(vi)participating as a part-time student in an employment-related course,

(vii)participating for less than 3 days in an employment or training programme for which a training allowance is not payable;

(g)any time during which he was engaged in voluntary work and the extent to which it may have improved his prospects of securing employment;

(h)whether he is treated as available for employment under regulation 14;

(i)whether he has applied for, or accepted, a place on, or participated in, a course or programme the cost of which is met in whole or in part out of central funds or by the [^F327European Union^F327] and the purpose of which is to assist persons to select, train for, obtain or retain employed earner’s employment or self-employed earner’s employment; and

(j)where he had no living accommodation in that week the fact that he had no such accommodation and the steps which he needed to take and has in fact taken to seek such accommodation.

(4) Any act of a person which would otherwise be relevant for purposes of section 7 shall be disregarded in the following circumstances—

(a)where, in taking the act, he acted in a violent or abusive manner,

(b)where the act comprised the completion of an application for employment and he spoiled the application,

(c)where by his behaviour or appearance he otherwise undermined his prospects of securing the employment in question,

unless those circumstances were due to reasons beyond his control.

(5) In this regulation–

^F328“employment agency" and “employment business" mean an employment agency or (as the case may be) employment business within the meaning of the Employment Agencies Act 1973;

^F329“employment or training programme" means a course or programme the person’s participation in which is attributable to arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 for the purpose of assisting persons to select, train for, obtain or retain employed earner’s employment.

[^F330Actively seeking employment in the period at the beginning of a claim

18A.—(1)Paragraph (2) applies in any case [^F331, other than a case which falls within regulation 19(1)(i) or (s),^F331] where the period beginning on 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.

(2)Where this paragraph applies, a person is actively seeking employment in the period referred to in paragraph (1) if he takes in that period such steps as he can reasonably be expected to have to take in order to have the best prospects of securing employment and in determining whether a person has taken such steps—

(a)the steps which it is reasonable for him to be expected to have to take include those referred to in regulation 18(2); and

(b)regard shall be had to all the circumstances of the case, including those matters referred to in regulation 18(3).^F330]

Circumstances in which a person is to be treated as actively seeking employment

19.—(1) A person shall be treated as actively seeking employment in the following circumstances, subject to [^F332paragraphs (2) and (2A)^F332] and to any maximum period specified in this paragraph—

(a)in any week during which he is participating for not less than 3 days 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;

[^F333(aa)for any period for which he is treated as available for employment under regulation 14(1)(aa) (traineeships);^F333]

(b)in any week during which he is attending for not less than 3 days a residential work camp, for a maximum of 2 weeks and one such occasion in any period of 12 months;

(c)in any week during which he is temporarily absent from Great Britain for not less than 3 days 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)in any week during which he is engaged for not less than 3 days 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, in any week during which he is for not less than 3 days 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, in any week during which he is attending for not less than 3 days, as a requirement of that course, a residential course, for a maximum of one week per course;

(g)in any week during which he is for not less than 3 days 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)in the first week after the date of claim if he is treated as available for employment to any extent in that week under regulation 14(1)(h);

[^F334(i)for any period if he is treated as available for employment to any extent in that period under regulation 14(1)(h);^F334]

[^F335(j)if the award is terminated other than on the last day of a week, for the period beginning with the beginning of the week in which the award is terminated and ending on the day on which the award is terminated;^F335]

(k)in any week during which he is participating for not less than 3 days in a programme provided by the Venture Trust in pursuance of an arrangement made by [^F336the Scottish Ministers^F336] , for a maximum of 4 weeks and one such programme in any period of 12 months;

(l)in any week during which he is for not less than 3 days treated as capable of work[^F337or as not having limited capability for work^F337] in accordance with regulation 55;

[^F338(lzl)in any week during which he is treated as capable of work or as not having limited capability for work under regulation 55ZA unless it would be reasonable for him to take steps in that week to seek employment and he has not taken such steps;^F338]

[^F339(ll)in any week during which he is for not less than 3 days treated as capable of work[^F337or as not having limited capability for work^F337] in accordance with regulation 55A;^F339]

(m)in any week during which he is temporarily absent from Great Britain for not less than 3 days in order 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 1 week;

(n)if he is a member of a couple[^F340other than a joint-claim couple^F340] , in any week during which he and his partner are both absent from Great Britain for not less than 3 days and in which 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;

[^F341(nn)if he is a member of a joint-claim couple, in any week during which he and his partner are both absent from Great Britain for not less than 3 days and in which a premium referred to in paragraph 20E, 20F, 20G or 20I of Schedule 1 (applicable amounts) is applicable in respect of his partner, for a maximum of 4 weeks;^F341]

(o)in any week during which he is treated as available for employment on not less than 3 days under regulation[^F34214(2) or (2ZA)^F342] ;

(p)in any week in respect of which he has given notice to an employment officer, in writing if so required by the employment officer, that—

(i)he does not intend to be actively seeking employment, but

(ii)he does intend to reside at a place other than his usual place of residence for at least one day;

(q)in any week during which he is participating for not less than 3 days in an employment or training programme[^F343(other than Work Experience)^F343] for which a training allowance is not payable;

[^F344(r)in any week, being part of a single period not exceeding 8 weeks falling within a period of continuous entitlement to a jobseeker’s allowance, during which he is taking active steps to establish himself in self-employed earner’s employment under any scheme for assisting persons to become so employed—

(i)where, in Wales, his participation under the scheme is attributable to arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973

(ii)where, in Scotland, the scheme—,

(aa)is established by virtue of arrangements made by [^F345Skills Development Scotland,^F345] Scottish Enterprise or Highlands and Islands Enterprise under section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 or

(bb)is directly or indirectly provided by, or with financial assistance from, the Secretary of State,

(iii)where, in England, the scheme is directly or indirectly provided by, or with financial assistance from, the Secretary of State, the [^F346Urban Regeneration Agency^F346][^F346Homes and Communities Agency^F346], an urban development corporation or a housing action trust,

and the single period referred to above shall begin with the week in which he is accepted on a place under the scheme.^F344]

[^F347(s)for any period if he is treated as available for employment to any extent in that period under regulation 14(l)(o).^F347]

[^F348(t)if he is temporarily absent from Great Britain in the circumstances prescribed in regulation 50(6B)(a) or (c), for the period of any such temporary absence.^F348]

[^F349(u)if he is temporarily absent from Great Britain in the circumstances prescribed in regulation 50(6AA) or, as the case may be (6C).^F349]

[^F350(v)in any week during which he is, for not less than three days, required to attend a court or tribunal as a justice of the peace, a party to any proceedings, a witness or a juror;

(w)if, for a maximum of 96 hours before being released, he is in—

(i)police detention within the meaning in section 118(2) of the Police and Criminal Evidence Act 1984 (general interpretation), or

(ii)legal custody within the meaning in section 295 of the Criminal Procedure (Scotland) Act 1995 (legal custody in Scotland) but is not a prisoner as defined by regulation 85(4) (special cases).^F350]

[^F351(x)in any week during which he is treated as available for employment under regulation 14A.^F351]

[^F352(y)in any week during which he is engaged for not less than 3 days in training as a member of a reserve force prescribed in Part 1 of Schedule 6 to the ContributionsRegulations, either—

(i)if he is engaged in his first year of training, for a maximum of 43 days in that year; or

(ii)if he is engaged in annual continuous training, for a maximum of 15 days in any calendar year.^F352]

(2) In any period of 12 months a person shall be treated as actively seeking employment under paragraph (1)(p) only for the number of weeks specified in one of the following sub-paragraphs—

(a)a maximum of 2 weeks; or

(b)a maximum of 3 weeks during which he is attending for at least 3 days in each such week an Outward Bound course; or

(c)if he is a blind person, a maximum of 6 weeks during which, apart from a period of no more than 2 weeks, he participates for a maximum period of 4 weeks in a course of training in the use of guide dogs of which at least 3 days in each such week is spent in that training.

[^F353(2A)A person shall not be treated as actively seeking employment under paragraph (1)(v)—

(a)for more than eight weeks,

(b)where he does not, before the period during which he is required to attend the court or tribunal, give an employment officer notice, in writing where requested by the employment officer, that he is so required, or

(c)where he is a prisoner as defined by regulation 85(4) (special cases).^F353]

(3) In this regulation–

“employment or training programme" means a course or programme the person’s participation in which is attributable to arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 for the purpose of assisting persons to select, train for, obtain or retain employment;

^F354“housing action trust" means a corporation established by an order of the Secretary of State pursuant to section 62(1) of the Housing Act 1988 ;

“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;

[^F355“tribunal” means any tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992;^F355]

^F356“urban development corporation" means a corporation established by an order of the Secretary of State pursuant to section 135(1) of the Local Government, Planning and Land Act 1980 ;

[^F357“Urban Regeneration Agency" means the agency referred to in section 158(1) of the Leasehold Reform, Housing and Urban Development Act 1993^F358.^F357]

Further circumstances in which a person is to be treated as actively seeking employment: permitted period

20.—(1) A person to whom paragraph (2) does not apply shall be treated as actively seeking employment in any week during any permitted period determined in his case in accordance with regulation 16, if he is actively seeking employment in that week—

(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.

(2) A person to whom this paragraph applies shall be treated as actively seeking employment in any week during any permitted period determined in his case in accordance with regulation 16, if he is actively seeking employment, self-employed earner’s employment, or employment and self-employed earner’s employment in that week—

(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.

(3) Paragraph (2) applies to a person who has, at any time during the period of 12 months immediately preceding the date of claim, been engaged in his usual occupation in self-employed earner’s employment.

Further circumstances in which a person is to be treated as actively seeking employment: laid off and short-time workers

21. A person who has restricted his availability for employment in accordance with regulation 17(1) or, as the case may be, regulation 17(2), shall in any week in which he has so restricted his availability for not less than 3 days be treated as actively seeking employment in that week if he takes such steps as he can reasonably be expected to have to take in order to have the best prospects of securing employment for which he is available under regulation 17.

[^F359 Further circumstances in which a qualifying person is to be treated as actively seeking employment: full-time students participating in a qualifying course

21A.A person who is treated as available for employment in accordance with regulation 17A(3) shall be treated as actively seeking employment in any week—

(a)which, in relation to the qualifying course, falls wholly or partly in term-time;

(b)n which he is taking examinations relating to the qualifying course; or

(c)which falls wholly in a vacation from the qualifying course, if in that week he takes such steps as he can reasonably be expected to have to take in order to have the best prospects of securing employment for which he is available under regulation 17A(3)(c).^F359]

[^F360Further circumstances in which a person is to be treated as actively seeking employment: lone parents with children aged 5 not in full-time education

21B.A lone parent who is treated for any period as being available for employment under regulation 17B shall be treated as actively seeking employment for the same period^F360]

Interpretation of certain expressions for the purposes of regulations 18(3)(f)(i) and 19(1)(d)

22. For the purposes of regulations 18(3)(f)(i) and 19(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.

Chapter IV Attendance, Information and Evidence

Attendance

[^F36123.A claimant shall [^F362participate in an interview in such manner, time and place^F362] as an employment officer may specify by a notification which is given or sent to the claimant and which may be in writing, by telephone or by electronic means.^F361]

[^F363Attendance by members of a joint-claim couple

23A.Each member of a joint-claim couple shall [^F364participate in an interview in such manner, time and place^F364] as the employment officer may specify by a notification which is given or sent to that member and which may be in writing, by telephone or by electronic means.^F363]

Provision of information and evidence

24.—(1) A claimant shall provide such information as to his circumstances, his availability for employment and the extent to which he is actively seeking employment as may be required by the Secretary of State in order to determine the entitlement of the claimant to a jobseeker’s allowance, whether that allowance is payable to him and, if so, in what amount.

[^F365(1A)A member of a joint-claimcouple shall provide such information as to the circumstances of each or either member of a couple, the availability for employment of each or either member of the couple and the extent to which each or either member of the couple is actively seeking employment as may be required by the Secretary of State in order to determine the entitlement of the couple to a jobseeker’s allowance, whether that allowance is payable to the couple and, if so, in what amount.^F365]

(2) A claimant shall furnish such other information in connection with the claim, or any question arising out of it, as may be required by the Secretary of State.

(3) Where–

(a)a jobseeker’s allowance may be claimed by either member of a couple, or

(b)entitlement to a jobseeker’s allowance or whether that allowance is payable and, if so, in what amount, is or may be affected by the circumstances of either member of a couple or any member of a polygamous marriage,

the Secretary of State may require the member of the couple other than the claimant to certify in writing whether he agrees to the claimant’s making the claim, or that he, or any member of a polygamous marriage, confirms the information given about his circumstances [^F366, and in this paragraph “couple” does not include a joint-claimcouple^F366] .

[^F367(3A)Where entitlement to a joint-claim jobseeker’s allowance or whether that allowance is payable and, if so, in what amount, is or may be affected by the circumstances of any member of a polygamous marriage, the Secretary of State may require either member of the joint-claimcouple to certify in writing that any member of the polygamous marriage confirms the information given about that member’s circumstances.^F367]

(4) A claimant shall furnish such certificates, documents and other evidence as may be required by the Secretary of State for the determination of the claim.

(5) A claimant shall furnish such certificates, documents and other evidence affecting his continuing entitlement to a jobseeker’s allowance, whether that allowance is payable to him and, if so, in what amount as the Secretary of State may require.

[^F368(5A)A member of a joint-claimcouple shall furnish such certificates, documents and other evidence affecting the continuing entitlement of the couple to a jobseeker’s allowance, whether that allowance is payable to the couple and, if so, in what amount as the Secretary of State may require.^F368]

(6) A claimant shall, if the Secretary of State requires him to do so, provide a signed declaration to the effect that—

[^F369(a)since making a claim for a jobseeker’s allowance or since he last provided a declaration in accordance with this paragraph he has either been available for employment or satisfied the circumstances to be treated as available for employment, save as he has otherwise notified the Secretary of State,^F369]

(b)since making a claim for a jobseeker’s allowance or since he last provided a declaration in accordance with this paragraph he has either been actively seeking employment to the extent necessary to give him his best prospects of securing employment or he has satisfied the circumstances to be treated as actively seeking employment, save as he has otherwise notified the Secretary of State, and

(c)^F370since making a claim for a jobseeker’s allowance or since he last provided a declaration in accordance with this paragraph there has been no change to his circumstances which might affect his entitlement to a jobseeker’s allowance or the ... amount of such an allowance, save as he has notified the Secretary of State.

(7) A claimant shall notify the Secretary of State–

(a)of any change of circumstances which has occurred which he might reasonably be expected to know might affect his entitlement to a jobseeker’s allowance [^F371or, in the case of a joint-claimcouple, the entitlement of the couple to a joint-claim jobseeker’s allowance^F371] or the payability or amount of such an allowance; and

(b)of any such change of circumstances which he is aware is likely so to occur,

and shall do so as soon as reasonably practicable after its occurrence or, as the case may be, after he becomes so aware, by giving notice [^F372of the change to an office of the Department for Work and Pensions specified by the Secretary of State—

(i)in writing or by telephone (unless the Secretary of State determines in any particular case that notice must be in writing or may be given otherwise than in writing or by telephone); or

(ii)in writing if in any class of case he requires written notice (unless he determines in any particular case to accept notice given otherwise than in writing)^F372] .

(8) Where, pursuant to paragraph (1) [^F373,(1A)^F373] or (2), a claimant is required to provide information he shall do so [^F374at the time he is required to participate in an interview^F374] in accordance with a [^F375notification^F375] under regulation 23 [^F373or 23A^F373] , if so required by the Secretary of State, or within such period as the Secretary of State may require.

^F376(9) Where, pursuant to paragraph (4)..., a claimant is required to provide certificates, documents or other evidence he shall do so within seven days of being so required or such longer period as the Secretary of State may consider reasonable.

[^F377(9A)Where, pursuant to paragraph (5) or (5A), a claimant is required to provide certificates, documents or other evidence, he shall do so within the period applicable under regulation 17(4) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999.^F377]

(10) Where, pursuant to paragraph (6), a claimant is required to provide a signed declaration he shall provide it [^F378at the time he is required to participate in an interview^F378] in accordance with a [^F379notification^F379] under regulation 23 [^F380or 23A^F380] or on such other day as the Secretary of State may require.

[^F381(11)In this regulation, references to the “Secretary of State" include a reference to persons designated as employment officers by an Order made by the Secretary of State under section 8(3) of the Jobseekers Act 1995. ^F381]

[^F382Alternative means of notifying changes of circumstances

24A.—(1)In such cases and subject to such conditions as the Secretary of State may specify, the duty in regulation 24(7) to notify a change of circumstances may be discharged by notifying the Secretary of State as soon as reasonably practicable—

(a)where the change of circumstances is a birth or death, through a relevant authority, or a county council in England, by personal attendance at an office specified by that authority or county council, provided the Secretary of State has agreed with that authority or county council for it to facilitate such notification; or

(b)where the change of circumstances is a death, by telephone to a telephone number specified for that purpose by the Secretary of State.

(2)In this regulation “relevant authority” has the same meaning as in the Housing Benefit Regulations 2006^F383....^F382]

[^F384Information given electronically

24B.—(1)A person may give any certificate, notice, information or evidence required to be given and in particular may give notice of a change of circumstances required to be notified under regulation 24 by means of an electronic communication, in accordance with the provisions set out in Schedule 9ZC to the Claims and Payments Regulations.

(2)In this regulation, “electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000.^F384]

Entitlement ceasing on a failure to comply_cross-notes

25.—(1)[^F385Entitlement^F385] to a jobseeker’s allowance shall cease in the following circumstances—

[^F386(a)if a claimant fails to [^F387participate in an interview^F387] on the day specified in a relevant notification, and fails to make contact with an employment officer in the manner set out in that notification before the end of the period of five working days beginning with the first working day after the day on which the claimant failed to attend;^F386]

(b)if–

[^F388(i)[^F389that claimant makes contact with an employment officer on the day specified in the relevant notification but fails to participate in an interview at the time specified in that notification, and the Secretary of State has informed that claimant in writing that a failure to participate in an interview, on the next occasion on which he is required to participate in an interview^F389] at the time specified in such a [^F390notification^F390] may result in his entitlement to a jobseeker’s allowance ceasing [^F391or the benefit not being payable for a period^F391], and^F388]

(ii)he fails to [^F392participate^F392] at the time specified in such a [^F390notification^F390] on the next occasion; [^F393and^F393]

[^F394(iii)that claimant fails to make contact with an employment officer in the manner set out in such a notification before the end of the period of five working days beginning with the first working day after the day on which that claimant failed to [^F395participate^F395] at the time specified;^F394]

(c)[^F396subject to regulation 27,^F396] if [^F397that claimant^F397] was required to provide a signed declaration as referred to in regulation 24(6) and he fails to provide it on the day on which he ought to do so in accordance with regulation 24(10).

[^F398(1A)In this regulation and in regulations 27A, 28 and 30—

“relevant notification” means a notification under regulation 23 or 23A, other than a notification requiring attendance under an employment programme or a training scheme[^F399 , under a scheme prescribed in regulation 3 of the Jobseeker's Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013[^F400, under a scheme prescribed in regulation 3 of the Jobseekers Allowance (18 - 21 Work Skills Pilot Scheme) Regulations 2014^F400][^F401, under a scheme prescribed in regulation 3 of the Jobseeker’s Allowance (Supervised Jobsearch Pilot Scheme) Regulations 2014^F401,F399]][^F402, under the Employment, Skills and Enterprise Scheme^F402][^F403or under the Mandatory Work Activity Scheme^F403];

“working day” means any day on which the appropriate office is not closed.^F398]

(2) In this regulation, “an employment programme" and “a training scheme" have the meaning given in regulation 75.

Time at which entitlement is to cease

26. Entitlement to a jobseeker’s allowance shall cease in accordance with regulation 25 on whichever is the earlier of—

(a)the day after the last day in respect of which [^F404that claimant^F404] has provided information or evidence which [^F405shows that he continues to be entitled^F405] to a jobseeker’s allowance,

(b)if [^F406regulation 25(1)(a) or (b)^F406] applies, the day on which he was required to [^F407participate in an interview^F407] , and

(c)if [^F408regulation 25(1)(c)^F408] applies, the day on which he ought to have provided the signed declaration,

provided that it shall not cease earlier than the day after he last [^F409participated in an interview^F409] in compliance with a [^F410notification^F410] under regulation 23 [^F411or 23A^F411] .

[^F412Where entitlement is not to cease under regulation 25(1)(c)

27.Entitlement to a jobseeker’s allowance is not to cease by virtue of regulation 25(1)(c) if, before the end of the period of five working days beginning with the first working day after the day on which a claimant (“C”) failed to provide a signed declaration in accordance with regulation 24(10), C makes contact with an employment officer in the manner set out in a notification under regulation 23 or 23A and shows that C had [^F413a good reason^F413] for the failure.^F412]

Circumstances in which an allowance is not to be payable

^F41427A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prescribed period for the purposes of regulation 27A

^F41427B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Matters to be taken into account in determining whether a claimant has good cause for failing to comply with a notice under regulation 23

^F41428. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Matters to be taken into account in determining whether a claimant has good cause for failing to provide a signed declaration

^F41429. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Circumstances in which a claimant is to be regarded as having good cause for failing to comply with a notification under regulation 23 or 23A

^F41430. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter V Jobseeker’s Agreement

Contents of Jobseeker’s Agreement

31. The prescribed requirements for a jobseeker’s agreement are that it shall contain the following information—

(a)the claimant’s name;

(b)where the hours for which the claimant is available for employment are restricted in accordance with regulation 7, the total number of hours for which he is available and any pattern of availability;

(c)any restrictions on the claimant’s availability for employment, including restrictions on the location or type of employment, in accordance with regulations 5, 8, 13 [^F415, 13A^F415] and 17;

(d)a description of the type of employment which the claimant is seeking;

(e)the action which the claimant will take–

(i)to seek employment; and

(ii)to improve his prospects of finding employment;

(f)the dates of the start and of the finish of any permitted period in his case for the purposes of sections 6(5) and 7(5);

(g)a statement of the claimant’s right–

(i)to have a proposed jobseeker’s agreement referred to [^F416the Secretary of State^F416] ;

(ii)to seek a [^F417revision or supersession^F417] of any determination of, or direction given by, [^F416the Secretary of State^F416] ; and

(iii)to appeal to a [^F418an appeal tribunal^F418] against any determination of, or direction given by, [^F416the Secretary of State^F416][^F419following a revision or supersession ^F419] .

(h)the date of the agreement.

^F420 Back-dating of a Jobseeker’s Agreement ...

32. In giving a direction under section 9(7)(c), [^F421the Secretary of State^F421] shall take into account all relevant matters including—

(a)where the claimant refused to accept the agreement proposed by the employment officer, whether he was reasonable in so refusing;

(b)where the claimant has signified to the employment officer or to [^F421the Secretary of State^F421] that the claimant is prepared to accept an agreement which differs from the agreement proposed by the employment officer, whether the terms of the agreement which he is prepared to accept are reasonable;

(c)where the claimant has signified to the employment officer or to [^F421the Secretary of State^F421] that the claimant is prepared to accept the agreement proposed by the employment officer, that fact;

(d)the date on which, in all the circumstances, he considers that the claimant was first prepared to enter into an agreement which [^F421the Secretary of State^F421] considers reasonable; and

(e)where the date on which the claimant first had an opportunity to sign a jobseeker’s agreement was later than the date on which he made a claim, that fact.

Notification of Determinations and Directions under Section 9

33. The claimant shall be notified of—

(a)any determination of [^F422the Secretary of State^F422] under section 9;

(b)any direction given by [^F422the Secretary of State^F422] under section 9.

Jobseeker’s Agreement treated as having been made

34. A claimant is to be treated as having satisfied the condition mentioned in section 1(2)(b)—

(a)where he is permitted to make a claim for a jobseeker’s allowance without attending at an office of the [^F423Department for Work and Pensions^F423] , for the period beginning with the date of claim and ending on the date on which he has an interview with an employment officer for the purpose of drawing up a jobseeker’s agreement;

(b)where, after the date of claim, the claim is terminated before he has an interview with an employment officer for the purpose of drawing up a jobseeker’s agreement;

(c)as long as he is treated as available for employment in accordance with regulation 14 where the circumstances set out in that regulation arise after the date of claim and before he has an interview with an employment officer for the purpose of drawing up a jobseeker’s agreement;

(d)as long as there are circumstances not peculiar to the claimant which make impracticable or unduly difficult the normal operation of the provisions governing, or the practice relating to, the claiming, awarding or payment of jobseeker’s allowance.

[^F424(e)where the claimant was in receipt of a training allowance and was, in accordance with regulation 170, entitled to an income-based jobseeker’s allowance without being available for employment, having entered into a jobseeker’s agreement or actively seeking employment, for the period beginning with the date on which regulation 170 ceased to apply to him and ending on the date on which he has an interview with an employment officer for the purpose of drawing up a jobseeker’s agreement.^F424]

[^F425(f)if he is temporarily absent from Great Britain in the circumstances prescribed in regulation 50(6B)(a) or (c), for the period of any such temporary absence.^F425]

[^F426(g)in any period during which he is treated as available for employment under regulation 14A if the claimant has not entered into a jobseeker’s agreement before that period begins.^F426]

Automatic Back-dating of Jobseeker’s Agreement

35. Where a jobseeker’s agreement is signed on a date later than the date of claim and there is no reference of that agreement to [^F427the Secretary of State^F427] under section 9(6), the agreement shall be treated as having effect on the date of claim.

Jobseeker’s Agreement to remain in effect

36. A jobseeker’s agreement entered into by a claimant shall not cease to have effect on the coming to an end of an award of a jobseeker’s allowance made to him—

(a)where a further claim for a jobseeker’s allowance is made within a period not exceeding 14 days; or

[^F428(b)in respect of any part of a period of suspension, where—

(i)the Secretary of State has directed under regulation 37(1A) of the Claims and Payments Regulations that payment under an award be suspended for a definite or indefinite period on the ground that a question arises whether the conditions for entitlement to that allowance are or were fulfilled or the award ought to be revised,

(ii)subsequently that suspension expires or is cancelled in respect of a part only of the period for which it has been in force, and

(iii)it is then determined that the award should be revised to the effect that there was no entitlement to the allowance in respect of all or any part of the period between the start of the period over which the award has been suspended and the date when the suspension expires or is cancelled; or^F428]

(c)^F429for as long as the claimant satisfies the conditions of entitlement to national insurance credits, other than any condition relating to the existence of a jobseeker’s agreement, in accordance with the Social Security (Credits) Regulations 1975.

Variation of Jobseeker’s Agreement

37. The prescribed manner for varying a jobseeker’s agreement shall be in writing and signed by both parties in accordance with section 10(2) on the proposal of the claimant or the employment officer.

Direction to vary Agreement: time for compliance

38. The prescribed period for the purposes of section 10(6)(c) shall be the period of 21 days beginning with the date on which the direction was issued.

Variation of Agreement: matters to be taken into account

39. In giving a direction under section 10(6)(b) or (d) [^F430the Secretary of State^F430] shall take into account the preference of the claimant if he considers that both the claimant’s proposals and those of the employment officer satisfy the requirements of section 10(5).

Notification of Determinations and Directions under Section 10

40. The claimant shall be notified of—

(a)any determination of [^F431the Secretary of State^F431] under section 10;

(b)any direction of [^F431the Secretary of State^F431] under section 10.

Procedure for Reviews

^F43241. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals to Social Security Appeal Tribunal

^F43242. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Direction of Social Security Appeal Tribunal: time limit for compliance

^F43243. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals to the Commissioner

^F43244. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appropriate person

^F43245. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F433The contribution-based conditions and relevant earnings

45A.—(1)A claimant’s relevant earnings for the purposes of section 2(2)(b) of the Act are the total amount of the claimant’s earnings at the lower earnings limit for the base year.

(2)For the purposes of paragraph (1), earnings which exceed the lower earnings limit are to be disregarded.^F433]

[^F434Relaxation of the first set of conditions

45B.—(1)A claimant who ^F435... satisfies the condition in paragraph (2) is to be taken to satisfy the first set of conditions if the claimant has—

(a)paid Class 1 contributions before the relevant benefitweek in respect of any one tax year; and

(b)earnings at the lower earnings limit in that tax year on which primary Class 1 contributions have been paid or treated as paid which in total, and disregarding any earnings which exceed the lower earnings limit for that year, are not less than that limit multiplied by 26.

(2)The condition referred to in paragraph (1) is that the claimant, in respect of any week during the last complete tax year preceding the relevant benefit year, is entitled to be credited with earnings in accordance with regulation 9E of the Social Security (Credits) Regulations 1975(credits for certain spouses and civil partners of members of Her Majesty’s forces).^F434]

PART III OTHER CONDITIONS OF ENTITLEMENT

Waiting Days

46.—(1) Paragraph 4 of Schedule 1 to the Act shall not apply in a case where–

(a)a person’s entitlement to a jobseeker’s allowance commences within 12 weeks of an entitlement of his to income support, incapacity benefit[^F436, employment and support allowance^F436][^F437, carer’s allowance or carer support payment^F437] coming to an end; or

(b)a claim for a jobseeker’s allowance falls to be determined by reference to section 3(1)(f)(ii) (persons under the age of 18)[^F438; or^F438]

[^F439(c)a joint-claimcouple are entitled to a joint-claim jobseeker’s allowance in respect of themselves and that paragraph of that Schedule has already applied to one member of that couple in respect of a jobseeking period which is linked to a jobseeking period relating to that member which has commenced by virtue of his having claimed a jobseeker’s allowance as a member of that couple;

(d)a joint-claimcouple have claimed a jobseeker’s allowance jointly within 12 weeks of either member of that couple being entitled to a jobseeker’s allowance, income support, incapacity benefit[^F440, employment and support allowance^F440][^F441, carer’s allowance or carer support payment^F441];

(e)a member of a joint-claimcouple is both in receipt of a training allowance and the nominated member for the purposes of section 3B.^F439]

(2) In the case of a person to whom paragraph 4 of Schedule 1 to the Act applies, the number of days is [^F4427^F442] .

Jobseeking Period_cross-notes

47.—(1) For the purposes of the Act, but subject to paragraphs (2) and (3), the “jobseeking period" means any period throughout which the claimant satisfies or is treated as satisfying the conditions specified in paragraphs (a) to (c) and (e) to (i) of subsection (2) of section 1 (conditions of entitlement to a jobseeker’s allowance).

(2) Any period in which–

(a)a claimant does not satisfy any of the requirements in section 1(2)(a) to (c), and

(b)a jobseeker’s allowance is payable to him in accordance with Part IX (Hardship), [^F443or, where the claimant is a member of a joint-claimcouple, a jobseeker’s allowance is payable in accordance with Part IXA (hardship)^F443]

shall, for the purposes of paragraph (1), be treated as a period in which the claimant satisfies the conditions specified in paragraphs (a) to (c) of subsection (2) of section 1.

[^F444(2A)Any period in which a claimant is entitled to a jobseeker’s allowance in accordance with regulation 11(3) of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1995 shall, for the purposes of paragraph (1), be treated as a period in which he satisfies the conditions specified in paragraphs (a) to (c) and (e) to (i) of subsection (2) of section 1.^F444]

(3) The following periods shall not be, or be part of, a jobseeking period–

(a)any period in respect of which no claim for a jobseeker’s allowance has been made or treated as made;

(b)^F445such period as falls before the day on which a claim for a jobseeker’s allowance is made or treated as made ...;

(c)where a claim for a jobseeker’s allowance has been made or treated as made but no entitlement to benefit arises in respect of a period before the date of claim by virtue of section 1(2) of the Administration Act (limits for backdating entitlement), that period;

(d)where–

(i)a claimant satisfies the conditions specified in paragraphs (a) to (c) and (e) to (i) of subsection (2) of section 1; and

(ii)entitlement to a jobseeker’s allowance ceases in accordance with regulation 25 (entitlement ceasing on a failure to comply),

the period beginning with the date in respect of which, in accordance with regulation 26, entitlement ceases and ending with the day before the date in respect of which the claimant again becomes entitled to a jobseeker’s allowance; or

(e)any week in which a claimant is not entitled to a jobseeker’s allowance in accordance with section 14 (trade disputes).

[^F446(f)subject to regulation 2A, any period in respect of which the claimant is not entitled to a jobseeker’s allowance because section 1(1A) of the Administration Act (requirement to state national insurance number) applies.^F446]

(4) For the purposes of section 5 (duration of a contribution-based jobseeker’s allowance) any day—

(a)which falls within a jobseeking period[^F447and either^F447] ;

[^F448(b)(i)on which the claimant satisfies the conditions specified in section 2 (the contribution-based conditions) other than the conditions specified in subsection (1)(c) and (d) of that section; and

(ii)on which a contribution-based jobseeker’s allowance is not payable to the claimant by virtue of [^F449section 19 or 19A or regulation 69B^F449][^F450or on which the claimant is a member of a joint-claimcouple and a joint-claim jobseeker’s allowance is not payable or is reduced because he is subject to sanctions by virtue of [^F449section 19 or 19A or regulation 69B^F449,F450]][^F451or by virtue of a restriction imposed pursuant to ^F452... [^F453section [^F4546B,^F454] 7, 8 or 9 of the Social Security Fraud Act 2001^F453] (loss of benefit provisions)^F451]; or

(c)which falls within a period which is treated as a period in which the claimant satisfies the conditions specified in paragraphs (a) to (c) of subsection (2) of section 1, in accordance with paragraph (2),^F448]

shall be treated as if it was a day in respect of which he was entitled to a contribution-based jobseeker's allowance.

[^F455Jobseeking periods: periods of interruption of employment

47A.—(1)For the purposes of section 2(4)(b)(i) and for determining any waiting days—

[^F457(za)where a linked period commenced before 7th October 1996^F458..., any days of unemployment which form part of a period of interruption of employment where the last day of unemployment in that period of interruption of employment was no more than 8 weeks before the date upon which that linked period commenced;^F457]

(a)where a jobseeking period or a linked period commences on 7th October 1996, any period of interruption of employment ending within the 8 weeks preceding the day the jobseeking period or linked period commenced,

(b)where a jobseeking period or a linked period commences after 7th October 1996, any period of interruption of employment ending within the 12 weeks preceding that date,

shall be treated as a jobseeking period[^F459and, for the purposes of paragraph (za), a day shall be treated as being, or not being, a day of unemployment in accordance with section 25A of the Social Security Contributions and Benefits Act 1992 and with any regulations made under that section, as in force on 6th October 1996^F459].^F455]

[^F460(2)In paragraph (1) “period of interruption of employment" in relation to a period prior to 7th October 1996 has the same meaning as it had in the Benefits Act by virtue of section 25A of that Act (determination of days for which unemployment benefit is payable) as in force on 6th October 1996.^F460]

Linking Periods

48.—(1) For the purposes of the Act, two or more jobseeking periods shall be treated as one jobseeking period where they are separated by a period comprising only—

(a)any period of not more than 12 weeks;

(b)linked period;

(c)any period of not more than 12 weeks falling between–

(i)any two linked periods; or

(ii)a jobseeking period and a linked period;