Regulation 5 Exceptions to requirement to be available immediately: carers, voluntary workers, persons providing a service and persons under an obligation to provide noticeI1

Northern Ireland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 5 coming into force by Jobseeker’s Allowance 1996 reg. 1(1)
reg. 5(1) words inserted by Social Security (Lone Parents and Miscellaneous Amendments) 2008 reg. 11(2)(a)
reg. 5(4)(5) text amended by Jobseeker’s Allowance (Lone Parents) (Availability for Work) 2010 reg. 2(2)(a)(b)
reg. 131(3A)(e)and word added by Social Security (Students and Income-Related Benefits Amendment) 2003 reg. 3(1)(b)
reg. 5(1)(a) omitted by Social Security (Income Support and Jobseeker’s Allowance) 2006 reg. 3(2)(a)
reg. 5(1)(b) words inserted by Social Security (Income Support and Jobseeker’s Allowance) 2006 reg. 3(2)(b)
reg. 5(3) words substituted by Social Security 2007 reg. 7(3)
reg. 5(1A)(1B) inserted by Social Security (Lone Parents and Miscellaneous Amendments) 2008 reg. 11(2)(b)
reg. 5(5) words substituted by Social Security (Lone Parents and Miscellaneous Amendments) 2008 reg. 11(2)(c)(i)
reg. 5(5) words omitted by Social Security (Lone Parents and Miscellaneous Amendments) 2008 reg. 11(2)(c)(ii)

(1)

In order to be regarded as available for employment, 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 48 hours' notice.

(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 section 1 of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965^f1 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, 13 or 17 (restriction of hours for which a person is available to 40 hours per week, additional restrictions on availability for certain groups, or laid off and short-time workers) 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 (1) or (2) a person is not required to be able to take up employment immediately, the 48 hour and 24 hour periods referred to in those paragraphs include periods when in accordance with regulation 7 or 13 he is not available.

Annotations

Commencement

I1: Reg. 5 in operation at 7.10.1996, see reg. 1(1)

Footnotes

f1: 1965 c. 19 (N.I.); section 1 was amended by Part II of Schedule 5 to the Industrial Relations (Northern Ireland) Order 1976 (S.I. 1976/1043(N.I. 16) ) and paragraph 1 of Schedule 2 to the Industrial Relations (Northern Ireland) Order 1987 (S.I. 1987/936 (N.I. 9))