Regulation 16A Further circumstances in which requirements must not be imposedF1

(1)

This regulation applies in the case of a claimant who is treated as capable of work or as not having limited capability for work under regulation 46A (extended period of sickness).

(2)

Where the Secretary of State is satisfied that it would be unreasonable to require the claimant to comply with a work search requirement—

(a)

the Secretary of State must not impose a work search requirement on the claimant; and

(b)

a work search requirement previously applying to the claimant ceases to have effect from the date on which the claimant is first treated as capable of work or as not having limited capability for work under regulation 46A.

(3)

Paragraph (4) applies where the Secretary of State is satisfied that it would be unreasonable to require the claimant to comply with a work availability requirement to be able and willing to—

(a)

take up work; and

(b)

attend an interview.

(4)

Where this paragraph applies, “able and willing to take up work” under a work availability requirement means able and willing to take up paid work and to attend an interview, immediately once the claimant ceases to be treated as capable of work or as not having limited capability for work under regulation 46A.

(5)

Paragraph (6) applies where the Secretary of State is satisfied that it would be—

(a)

unreasonable to require the claimant to comply with a work availability requirement to be able and willing to take up work; and

(b)

reasonable to require the claimant to comply with a work availability requirement to be able and willing to attend an interview.

(6)

Where this paragraph applies, “able and willing to take up work” under a work availability requirement means—

(a)

able and willing to take up paid work immediately once the claimant ceases to be treated as capable of work or as not having limited capability for work under regulation 46A; and

(b)

able and willing to attend an interview before the claimant ceases to be so treated.

Annotations

Textual amendments

F1: Reg. 16A inserted (30.3.2015) by The Jobseeker s Allowance (Extended Period of Sickness) Amendment Regulations 2015 (S.I. 2015/339), regs. 1, 3(2)