Regulation 15 Circumstances in which a person is not to be regarded as available

F1(1)

A person shall not be regarded as available for employment in the following circumstances—

F2(a)

F3...if he is full-time student during the period of study;

(b)

if he is a prisoner on temporary release in accordance with ~~F4the provisions of the Prison Act 1952~~ F5 or rules made under section 39(6) of the Prisons (Scotland) Act 1989 F6;

F7(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;

F8(bc)

if that person is on ordinary or additional adoption leave, shared parental leave, paternity leave, F9neonatal care leave, or parental bereavement leave by virtue of section 75A, 75B, F1080EA or 80EF of the Employment Rights Act 1996;

F11(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.

F12(2)

F13Paragraph (1)(a) shall not apply to a full-time student 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).

F14(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.

Annotations

Textual amendments

F1: Reg. 15 renumbered as reg. 15(1) (9.7.2008) by The Social Security (Students Responsible for Children or Young Persons) Amendment Regulations 2008 (S.I. 2008/1826), regs. 1, 3(2)
F2: Reg. 15(1)(a) substituted (9.7.2008) by The Social Security (Students Responsible for Children or Young Persons) Amendment Regulations 2008 (S.I. 2008/1826), regs. 1, 3(3)
F3: Words in reg. 15(1)(a) omitted (27.3.2015) by virtue of The Social Security (Traineeships and Qualifying Young Persons) Amendment Regulations 2015 (S.I. 2015/336), regs. 1, 2(4)(a)
F4: Words in reg. 15(1)(b) omitted (temp.) (8.4.2020) by virtue of The Social Security (Coronavirus) (Prisoners) Regulations 2020 (S.I. 2020/409), regs. 1, 4 (with reg. 6(2)); (as amended (12.5.2021) by The Social Security (Coronavirus) (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/476), regs. 1, 4(6))
F5: 1952 c.52.
F6: 1989 c.45
F7: Reg. 15(bb) inserted (11.3.1997) by The Social Security (Jobseekers Allowance and Mariners Benefits) (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/563), regs. 1(1), 3
F8: Reg. 15(1)(bc) substituted (6.4.2020) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020 (S.I. 2020/354), regs. 1, 8(3)
F9: Words in reg. 15(1)(bc) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 6(3)(a)
F10: Words in reg. 15(1)(bc) substituted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 6(3)(b)
F11: Reg. 15(1)(c) substituted (18.5.2014) by The Social Security (Maternity Allowance) (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/884), regs. 1, 4(3)
F12: Reg. 15(2)-(4) added (9.7.2008) by The Social Security (Students Responsible for Children or Young Persons) Amendment Regulations 2008 (S.I. 2008/1826), regs. 1, 3(4)
F13: Words in reg. 15(2) substituted (27.3.2015) by The Social Security (Traineeships and Qualifying Young Persons) Amendment Regulations 2015 (S.I. 2015/336), regs. 1, 2(4)(b)
F14: Reg. 15(5) inserted (27.3.2015) by The Social Security (Traineeships and Qualifying Young Persons) Amendment Regulations 2015 (S.I. 2015/336), regs. 1, 2(4)(c)

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).