Regulation 18 Steps to be taken by persons actively seeking employment

F1(1)

For the purposes of section 7(1) (actively seeking employment) a person shall be expected to have to take more than two steps in any week unless taking one or two steps is all that is reasonable for that person to do in that week.

(2)

Steps which it is reasonable for a person to be expected to have to take in any week include—

(a)

oral or written applications (or both) for employment made to persons—

(i)

who have advertised the availability of employment; or

(ii)

who appear to be in a position to offer employment;

(b)

seeking information on the availability of employment from—

(i)

advertisements;

(ii)

persons who have placed advertisements which indicate the availability of employment;

(iii)

employment agencies and employment businesses;

(iv)

employers;

(c)

registration with an employment agency or employment business;

(d)

appointment of a third party to assist the person in question in finding employment;

(e)

seeking specialist advice, following referral by an employment officer, on how to improve the prospects of securing employment having regard to that person’s needs and in particular in relation to any mental or physical limitations of that person;

(f)

drawing up a curriculum vitae;

(g)

seeking a reference or testimonial from a previous employer;

(h)

drawing up a list of employers who may be able to offer employment to him with a view to seeking information from them on the availability of employment;

(i)

seeking information about employers who may be able to offer employment to him;

(j)

seeking information on an occupation with a view to securing employment in that occupation.

(3)

In determining whether, in relation to any steps taken by a person, the requirements of section 7(1) are satisfied in any week, regard shall be had to all the circumstances of the case, including—

(a)

his skills, qualifications and abilities;

(b)

his physical or mental limitations;

(c)

the time which has elapsed since he was last in employment and his work experience;

(d)

the steps which he has taken in previous weeks and the effectiveness of those steps in improving his prospects of securing employment;

(e)

the availability and location of vacancies in employment;

(f)

any time during which he was—

(i)

engaged in the manning or launching of a lifeboat or in the performance of duty as a part-time member of a fire brigade or engaged during an emergency in duties for the benefit of others,

(ii)

attending an Outward Bound course,

(iii)

in the case of a blind person, participating in a course of training in the use of guide dogs,

(iv)

participating in training in the use of aids to overcome any physical or mental limitations of his in order to improve his prospects of securing employment,

(v)

engaged in duties as a member of any F2... reserve force prescribed in Part I of F3Schedule 6 to the Social Security (Contributions) Regulations 2001,

(vi)

participating as a part-time student in an employment-related course,

(vii)

participating for less than 3 days in an employment or training programme for which a training allowance is not payable;

(g)

any time during which he was engaged in voluntary work and the extent to which it may have improved his prospects of securing employment;

(h)

whether he is treated as available for employment under regulation 14;

(i)

whether he has applied for, or accepted, a place on, or participated in, a course or programme the cost of which is met in whole or in part out of central funds or by the F4European Union and the purpose of which is to assist persons to select, train for, obtain or retain employed earner’s employment or self-employed earner’s employment; and

(j)

where he had no living accommodation in that week the fact that he had no such accommodation and the steps which he needed to take and has in fact taken to seek such accommodation.

(4)

Any act of a person which would otherwise be relevant for purposes of section 7 shall be disregarded in the following circumstances—

(a)

where, in taking the act, he acted in a violent or abusive manner,

(b)

where the act comprised the completion of an application for employment and he spoiled the application,

(c)

where by his behaviour or appearance he otherwise undermined his prospects of securing the employment in question,

unless those circumstances were due to reasons beyond his control.

(5)

In this regulation–

“employment agency" and “employment business" mean an employment agency or (as the case may be) employment business within the meaning of the Employment Agencies Act 1973F5;

“employment or training programme" means a course or programme the person’s participation in which is attributable to arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 F6 for the purpose of assisting persons to select, train for, obtain or retain employed earner’s employment.

Annotations

Textual amendments

F1: Reg. 18(1) substituted (19.4.2004 for specified purposes, 18.10.2004 in so far as not already in force) by The Jobseeker’s Allowance (Amendment) Regulations 2004 (S.I. 2004/1008), regs. 1(2), 2(2)
F2: Words in reg. 18(3)(f)(v) omitted (6.4.2015) by virtue of The Social Security (Members of the Reserve Forces) (Amendment) Regulations 2015 (S.I. 2015/389), regs. 1, 3(7)(a)
F3: Words in reg. 18(3)(f)(v) substituted (2.10.2006) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), regs. 1(3), 13(3)(a)
F4: Words in Instrument substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6, 8-10
F5: 1973 c.35.
F6: 1973 c.50; section 2 was amended by section 25(1) of the Employment Act 1988 (c.19), by Part I of Schedule 7 to the Employment Act 1989 (c.38) and by section 47(1) of the Trade Union Reform and Employment Rights Act 1993 (c.19).

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).