Regulation 96 Work availability requirement - able and willing immediately to take up paid work

(1)

Subject to paragraph (2) a claimant is to be treated as not having complied with a work availability requirement if the claimant is not able and willing immediately to attend an interview offered to the claimant in connection with obtaining paid work.

(2)

But a claimant is to be treated as having complied with a work availability requirement despite not being able immediately to take up paid work, if paragraph (3), (4) or (5) applies.

(3)

This paragraph applies where—

(a)

a claimant is a responsible carer or a relevant carer;

(b)

the Secretary of State is satisfied that, as a consequence the claimant needs a longer period of up to 1 month to take up paid work, or up to 48 hours to attend an interview in connection with obtaining work, taking into account alternative care arrangements; and

(c)

the claimant is able and willing to take up paid work, or attend an interview, on being given notice for that period.

(4)

This paragraph applies where—

(a)

a claimant is carrying out voluntary work;

(b)

the Secretary of State is satisfied that, as a consequence, the claimant needs a longer period of up to 1 week to take up paid work, or up to 48 hours to attend an interview in connection with obtaining work; and

(c)

the claimant is able and willing to take up paid work, or attend an interview, on being given notice for that period.

(5)

This paragraph applies where a claimant—

(a)

is employed under a contract of service;

(b)

is required by section 86 of the Employment Rights Act 1996^f1, or by the contract of service, to give notice to terminate the contract;

(c)

is able and willing to take up paid work once the notice period has expired; and

(d)

is able and willing to attend an interview on being given 48 hours notice.

Annotations

Footnotes

f1: 1996 c.18.