Regulation 13 Additional restrictions on availability for certain groups

(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 F1(3), (3A) or (4) of this regulationF2, regulation 13A or 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.

F3(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”) F4or Chapter 4 of Part 11 of the Sentencing Code , 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.

(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.

F5(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.

Annotations

Textual amendments

F1: Words in reg. 13(2) substituted (24.11.2008) by The Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2008 (S.I. 2008/3051), regs. 1(2), 11(7)(a) (with reg. 13)
F2: Words in reg. 13(2) inserted (26.4.2010) by The Jobseeker’s Allowance (Lone Parents) (Availability for Work) Regulations 2010 (S.I. 2010/837), regs. 1(2), 2(8)
F3: Reg. 13(3A) inserted (24.11.2008) by The Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2008 (S.I. 2008/3051), regs. 1(2), 11(7)(b) (with reg. 13)
F4: Words in reg. 13(3A)(a) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 318 (with Sch. 27); S.I. 2020/1236, reg. 2
F5: Reg. 13(6)(7) inserted (24.11.2008) by The Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2008 (S.I. 2008/3051), regs. 1(2), 11(7)(c) (with reg. 13)

Notes on the whole SI

Textual amendments

F1: 1995 c.18.
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).