Regulation 11 Part-time students
If in any week a person is a part-time student and
he falls within paragraph (2)
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 F3(1), (1A), (2) or (3) of regulation 5, at the time specified in that paragraph and providing he complies with the requirements of regulation 6.
A person falls within this paragraph if
for a continuous period of not less than 3 months falling immediately before the date on which he first attended the course of study he was in receipt of jobseeker’s allowanceF4, incapacity benefit or employment and support allowance 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 F5 or
during the period of 6 months falling immediately before the date on which he first attended the course of study he was
for a period, or periods in the aggregate, of not less than 3 months in receipt of jobseeker’s allowance, incapacity benefit or employment and support allowance 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
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, incapacity benefit or employment and support allowance 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.
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 F6secured in England by the F7Secretary of State F8... and in Wales by the Welsh MinistersF9, and, in Scotland, provided directly or indirectly by a Local Enterprise Company pursuant to its arrangement with, as the case may be, F10Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise (whether that arrangement is known as an Operating Contract or by any other name).
Annotations
Textual amendments
- F1
Words in reg. 11(1)(b) substituted (24.11.2008) by The Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2008 (S.I. 2008/3051), regs. 1(2), 11(5)(a) (with reg. 13)
- F2
Word in reg. 11(1)(b) inserted (26.4.2010) by The Jobseeker’s Allowance (Lone Parents) (Availability for Work) Regulations 2010 (S.I. 2010/837), regs. 1(2), 2(6)
- F3
Words in reg. 11(1) substituted (24.11.2008) by The Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2008 (S.I. 2008/3051), regs. 1(2), 11(5)(b) (with reg. 13)
- F4
Words in reg. 11(2) substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(3)
- F5
Schedule 1B was inserted by regulation 3 of and Schedule 1 to the Income Support (General) (Jobseeker's Allowance Consequential Amendments) Regulations 1996, S.I. 1996/206.
- F6
Words in reg. 11(3) substituted (1.9.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England) Order 2010 (S.I. 2010/1941), arts. 1, 5(3)
- F7
Words in reg. 11(3) substituted (E.) (1.5.2012) by The Young People’s Learning Agency Abolition (Consequential Amendments to Subordinate Legislation) (England) Order 2012 (S.I. 2012/956), arts. 1, 5(3)
- F8
Words in reg. 11(3) omitted (26.5.2015) by virtue of The Deregulation Act 2015 (Consequential Amendments) Order 2015 (S.I. 2015/971), art. 1(2)(a), Sch. 3 para. 4(3)
- F9
Words in reg. 11(3) substituted (26.3.2001) by The Jobseeker’s Allowance (Amendment) Regulations 2001 (S.I. 2001/1434), regs. 1(2), 2(3)
- F10
Words in reg. 11(3) inserted (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(2), 4(3)(b)
Notes on the whole SI
Textual amendments
- F1
- F2
Section 35(1) is an interpretation provision: it is cited because it contains powers exercised in these Regulations in the definitions of “employment", “jobseeker's period", “pensionable age", “pensionable payments", “training" and “work" and because of the meaning assigned to the words “prescribed" and “regulations".
- F3
1992 c.5; section 191 is an interpretation provision and it is cited because of the meaning ascribed to the word “prescribed".
- F4
1992 c.4; sections 171D and 171G(2) were inserted by the Social Security (Incapacity for Work) Act 1994 (c.18), section 6(1) and have effect for the purposes of the Jobseekers Act 1995 by virtue of paragraph 2 of Schedule 1 to that Act. Section 171G(2) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed".
- F5
See section 173(5)(b) of the Social Security Administration Act 1992 (c.5).