Regulation 16 Further circumstances in which a person is to be treated as available: permitted period

(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.

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).