Regulation 7 Restriction of hours for which a person is available to 40 hours per week
Except as provided in F1regulations 13, 13A and 17(2), a person may not restrict the total number of hours for which he is available for employment to less than 40 hours in any week.
A person may restrict the total number of hours for which he is available for employment in any week to 40 hours or more providing
the times at which he is available to take up employment (his “pattern of availability") are such as to afford him reasonable prospects of securing employment;
his pattern of availability is recorded in his jobseeker’s agreement and any variations in that pattern are recorded in a varied agreement and
his prospects of securing employment are not reduced considerably by the restriction imposed by his pattern of availability.
A person who has restricted the total number of hours for which he is available in accordance with paragraph (2) and who is not available for employment, and is not to be treated as available for employment in accordance with regulation 14, for one day or more in a week in accordance with his pattern of availability shall not be regarded as available for employment even if he was available for employment for a total of 40 hours or more during that week.
Annotations
Textual amendments
- F1
Words in reg. 7(1) substituted (26.4.2010) by The Jobseeker’s Allowance (Lone Parents) (Availability for Work) Regulations 2010 (S.I. 2010/837), regs. 1(2), 2(4)
Notes on the whole SI
Textual amendments
- F1
- 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).