Regulation 5 Exceptions to requirement to be available immediately: carers, voluntary workers, persons providing a service and persons under an obligation to provide notice

F1(1)

F2Subject to paragraph (1A), in order to be regarded as available for employment—

F3(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C1(b)

a person who is engaged in voluntary work F4or who has caring responsibilities is not required to be able to take up employment immediately, providing he is willing and able—

(i)

to take up employment on being given one week’s notice; and

(ii)

to attend for interview in connection with the opportunity of any such employment on being given 48 hours' notice.

F5(1A)

In order to be regarded as available for employment, a person who has caring responsibilities in relation to a child is not required to take up employment or attend for interview within the periods referred to in paragraph (1) if those responsibilities make it unreasonable for him to do so, providing he is willing and able—

(a)

to take up employment on being given 28 days notice; and

(b)

to attend for interview in connection with the opportunity of any such employment on being given 7 days notice.

(1B)

For the purposes of paragraph (1A), it is for the claimant to show that it is unreasonable for him to take up employment or attend for interview within the periods referred to in paragraph (1).

C2(2)

In order to be regarded as available for employment, a person who is engaged, whether by contract or otherwise, in providing a service with or without remuneration, other than a person who has caring responsibilities or who is engaged in voluntary work, is not required to be able to take up employment immediately, providing he is willing and able to take up employment on being given 24 hours’ notice.

(3)

In order to be regarded as available for employment, a person who is in employed earner’s employment and is not engaged in remunerative work and who is required by F6section 86 of the Employment Rights Act 1996 to give notice to terminate his contract is not required to be able to take up employment immediately, providing he is willing and able to take up employment immediately he is able to do so in accordance with his statutory obligations.

(4)

Where in accordance with regulation 7, 13F7, 13A or 17 a person is only available for employment at certain times, he is not required to be able to take up employment at a time at which he is not available, but he must be willing and able to take up employment immediately he is available.

(5)

Where in accordance with paragraph F8(1), (1A) or (2) a person is not required to be able to take up employment immediately, the F9... periods referred to in those paragraphs include periods when in accordance with regulation 7F10, 13 or 13A he is not available.

F11(6)

In this regulation “week” means any period of seven consecutive days.

Annotations

Textual amendments

F1: Reg. 5(1) substituted (1.1.2003) by The Jobseeker’s Allowance (Amendment) Regulations 2002 (S.I. 2002/3072), regs. 1(b), 3(a)
F2: Words in reg. 5(1) inserted (24.11.2008) by The Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2008 (S.I. 2008/3051), regs. 1(2), 11(2)(a) (with reg. 13)
F3: Reg. 5(1)(a) omitted (30.5.2006) by virtue of The Social Security (Income Support and Jobseeker’s Allowance) Amendment Regulations 2006 (S.I. 2006/1402), regs. 1, 2(2)(a)
F4: Words in reg. 5(1)(b) inserted (30.5.2006) by The Social Security (Income Support and Jobseeker’s Allowance) Amendment Regulations 2006 (S.I. 2006/1402), regs. 1, 2(2)(b)
F5: Reg. 5(1A)(1B) inserted (24.11.2008) by The Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2008 (S.I. 2008/3051), regs. 1(2), 11(2)(b) (with reg. 13)
F6: Words in reg. 5(3) substituted (1.10.2007) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2007 (S.I. 2007/2618), regs. 1(1), 8(3)
F7: Word in reg. 5(4) inserted (26.4.2010) by The Jobseeker’s Allowance (Lone Parents) (Availability for Work) Regulations 2010 (S.I. 2010/837), regs. 1(2), 2(2)(a)
F8: Words in reg. 5(5) substituted (24.11.2008) by The Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2008 (S.I. 2008/3051), regs. 1(2), 11(2)(c)(i) (with reg. 13)
F9: Words in reg. 5(5) omitted (24.11.2008) by virtue of The Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2008 (S.I. 2008/3051), regs. 1(2), 11(2)(c)(ii) (with reg. 13)
F10: Words in reg. 5(5) substituted (26.4.2010) by The Jobseeker’s Allowance (Lone Parents) (Availability for Work) Regulations 2010 (S.I. 2010/837), regs. 1(2), 2(2)(b)
F11: Reg. 5(6) inserted (1.1.2003) by The Jobseeker’s Allowance (Amendment) Regulations 2002 (S.I. 2002/3072), regs. 1(b), 3(c)

Modifications

C1: Reg. 5(1)(b) modified (22.11.2010) by The Jobseeker’s Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010 (S.I. 2010/1222), regs. 1(2), 12(2)(b)
C2: Reg. 5(2) modified (22.11.2010) by The Jobseeker’s Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010 (S.I. 2010/1222), regs. 1(2), 12(2)(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).