Regulation 5 Insertion of regulation 7B in the principal Regulations

After regulation 7A of the principal Regulations (days deemed to be days of entitlement to sickness benefit) there shall be inserted the following regulation–

“Restrictions on availability for employment

7B

(1)

Subject to paragraphs (2) to (5), a day shall not be treated as a day of unemployment in relation to a person if it falls within a week which includes one or more days in respect of which he imposes restrictions on the nature, hours, rate of remuneration, locality or other conditions of employment which he is prepared to accept.

(2)

Paragraph (1) shall not apply if the person shows that he has a reasonable prospect of securing employment notwithstanding those restrictions.

(3)

For the purposes of paragraph (2), in deciding whether a person has a reasonable prospect of securing employment regard shall be had, in particular, to the length of the period during which the person has been unemployed.

(4)

Paragraph (1) shall not apply in relation to a day–

(a)

where the restrictions would not prevent the person from having reasonable prospects of securing employment but for the existence of adverse industrial conditions, in the locality or localities concerned, which may reasonably be regarded as temporary; or

(b)

where the restrictions are reasonable in view of the person’s physical or mental condition; or

(c)

subject to paragraph (5), where the person who has imposed the restrictions has a usual occupation and those restrictions relate to it and are consistent with conditions which are usual in that occupation.

(5)

Paragraph (4)(c) applies in relation to a person only for such period as may be determined in his case in accordance with paragraph (6); and any such period–

(a)

shall begin on the first day for which he makes a claim for unemployment benefit since the last day on which he was in employment, or in vocational training in his usual occupation, or incapable of work; and

(b)

shall end not more than 13 weeks after it begins.

(6)

In determining the length of any period for the purposes of paragraph (5) regard shall be had to–

(a)

the person’s usual occupation and any relevant skills and qualifications which he has acquired;

(b)

the length of the periods during which the person has undergone training relevant to his usual occupation;

(c)

the length of the periods during which the person has been employed in his usual occupation and the period since he was last so employed; and

(d)

the availability and location of employment in his usual occupation.”.