Loading ADM ...

Chapter J2: Work-related groups

Contents
J2001:Introduction
J2002:The work-related groups
J2003:What a work-related requirement is
J2030:Carers
J2031:Adopters
J2032:Close relative
J2033:Foster parent
J2034:Relevant carer
J2035:Responsible carer
J2036:Responsible foster parent
Responsible carer and responsible foster parent -
J2037:couples and nominations
Claimants subject to no work-related requirements
J2050:Introduction
J2051:Claimants of a prescribed description
J2052:Claimants with LCWRA

Caring responsibilities
J2053:Severely disabled
J2058:Caring for a child under the age of one
J2061:Adopters
J2063:Foster parents
J2064:Pregnant claimants
J2067:Reaching the qualifying age for SPC
J2069:Claimants in certain types of education
J2080:The earnings threshold and work-related requirements
J2081:The individual threshold
J2083:Expected hours of work
J2085:Exceptions to the expected number of hours of work
J2088:Couples
J2089:Apprentices
J2090:The self-employed and the minimum income floor
Calculating weekly earnings for the purpose of work-related requirements. J2091
J2095:Previous work-related requirements
J2096:Claimants with earnings below the threshold
J2100:Claimants subject to a work-focused interview requirement only
J2101:What is a work-focused interview
J2103:Who is subject to a work-focused interview requirement only
Claimants subject to work preparation requirement and work-focused
J2110:interview
J2120:Claimants subject to all work-related requirements
J2130:EEA jobseekers

Chapter J2: Work-related groups

J2001 Introduction

Depending on their circumstances, a claimant may fall into a particular work-related
group. These are also known as conditionality groups or work-related requirements
groups but the UC legislation describes them as work-related groups (1). The group
that a claimant falls into will determine what is required of them in relation to their
award of UC. ADM Chapter J3 provides guidance on the work-related requirements.
1 UC Regs, regs 89 - 92

J2002 The work-related groups

The work-related requirements which can be imposed on a claimant depend upon
which group the claimant falls into (1). The groups are
1. no work-related requirements
2. work-focused interview requirement only
3. work-focused interview and work preparation requirements
4. all work-related requirements.
1 WR Act 12, s 13(3)

J2003 What a work-related requirement is

A work-related requirement means (1) a
1. work-focused interview requirement
2. work preparation requirement
3. work search requirement
4. work availability requirement.

1 WR Act 12, s 13(2)

J2004

The Secretary of State can impose a work-related requirement on a claimant which
the claimant must comply with (1). If a claimant does not comply with a work-related
requirement then there may be a reduction in their award of UC (2). ADM Chapters K1
- K9 provide guidance on reductions and sanctions.

1 WR Act 12, s 13(1); 2 s 26 & 27

J2005

In this guidance, references to obtaining paid work include (1) obtaining
1. more paid work or
2. better paid work.
"Work" includes employed earner's employment and self-employment.
1 UC Regs, reg 87

[J2006-J2029]

J2030 Carers

The requirements that a claimant may be subject to can be affected by their caring
responsibilities. In this guidance the following terms are defined.

J2031 Adopters

An adopter means (1) a person who has been matched with a child for adoption who is,
or is intended to be, the responsible carer for the child. This does not include a
1. foster parent or
2. close relative
of the child.
Note: A person is matched with a child for adoption when it is decided by an
adoption agency that the person would be a suitable adoptive parent for the child (2).
1 UC Regs, reg 89(3)(a); 2 reg 89(3)(b)

J2032 Close relative

A close relative in relation to a person means (1)
1. parent
2. parent-in-law
3. son
4. son-in-law
5. daughter
6. daughter-in-law
7. step-parent
8. step-son
9. step-daughter
10. brother
11. sister
12. where any of 1. - 11. is a member of a couple, the other member of the
couple.
1 UC Regs, reg 2

J2033 Foster parent

Foster parent means (1)
1. in England and Wales, a person with whom a child is placed under relevant
legislation (2) and
2. in Scotland, a foster carer or kinship carer with whom a child is placed under
relevant legislation (3).
1 UC Regs, reg 2; 2 Fostering Services Regulations 2011 & Fostering Services (Wales)
Regulations 2003; 3 Looked After Children (Scotland) Regulations 2009

J2034 Relevant carer

A relevant carer means (1)
1. a parent of a child who is not the responsible carer but does have caring
responsibilities for the child or
2. a person who has caring responsibilities for a person who has a
2.1 physical or
2.2
mental impairment. 1 UC Regs, reg 85(a) & (b)

J2035 Responsible carer

A claimant is a responsible carer where (1) they are a
1. single person who is responsible for the child or
2. member of a couple where
2.1 the claimant or the other member of the couple is responsible for the
child and
2.2 the claimant has been nominated by the couple jointly as responsible
for the child.
1 WR Act 12, s 19(6)

J2036 Responsible foster parent

In relation to a child, a responsible foster parent means (1)
1. a person who is the only foster parent of that child or
2. a person who is a member of a couple where
2.1 the couple are foster parents in relation to that child and
2.2 the person has been nominated by the couple jointly as the responsible
foster parent.
1 UC Regs, reg 85

J2037 Responsible carer and responsible foster parent - couples and nominations

Joint claimants can nominate (1) which one of them can be regarded as either the
1. responsible carer or
2. responsible foster parent.

1 UC Regs, reg 86(1)

J2038

At any one time, only one of the joint claimants can be nominated as a responsible
carer or a responsible foster parent (1).

1 UC Regs, reg 86(2)

J2039

Where there is more that one child, the nomination applies to all the children for
whom either of the joint claimants is responsible (1).

1 UC Regs, reg 86(3)

J2040

Joint claimants can change (1) which member is nominated
1. once in a 12 month period starting from the date of the previous nomination or
2. on any occasion where the Secretary of State considers that there has been a
change of circumstances which is relevant to the nomination.
1 UC Regs, reg 86(4)

[J2041-J2049]

Claimants subject to no work-related requirements

J2050 Introduction

There are certain claimants who cannot have work-related requirements imposed on
them (1). This is because
1. they are of a prescribed description or
2. their earnings are equal to or exceed their individual threshold.
1 WR Act 12, s 19(1)

J2051 Claimants of a prescribed description

The Secretary of State may not impose a work-related requirement on claimants (1) who
1. have LCW who also have LCWRA (2)
2. have regular and substantial caring responsibilities for a severely disabled
3 person
3. are the responsible carer for a child under the age of one (4)
4. have reached the qualifying age for SPC (5)
5. have caring responsibilities for one or more severely disabled persons for at
least 35 hours a week but is not entitled to CA and it would be unreasonable
for the claimant to comply with a
5.1
work search requirement even a limited requirement and
5.2
work availability requirement even a limited requirement (6)
6. are pregnant and it is 11 weeks or less before the expected week of
confinement (7)
7. were pregnant and it is 15 weeks or less since the date of confinement (8)
8. are adopters where
8.1 it is 12 months or less since the date that the child was placed with the
claimant (9) or
8.2 the claimant chose that the 12 months (referred to in 8.1) should run
from a date within 14 days before the child was expected to be placed
with them. Work-related requirements should not be imposed from that
date (10)
9. are in a certain type of education and do not have to meet the education
condition of entitlement for UC where (11)
9.1 they are aged under 21, in non-advanced education and without
parental support or
9.2 they are receiving education and has student income in relation to that course
10. are the responsible foster parent of a child aged under one (12).
1 WR Act 12, s 19(1); 2 s 19(2)(a); 3 s 19(2)(b); 4 s 19(2)(c);
5 UC Regs, reg 89(1)(a); 6 reg 89(1)(b); 7 reg 89(1)(c); 8 reg 89(1)(c);
9 reg 89(1)(d)(i); 10 reg 89(1)(d)(ii); 11 reg 89(1)(e); 12 reg 89(1)(f)

J2052 Claimants with LCWRA

A claimant who has LCWRA cannot have a work-related requirement imposed on
them (1).
1 WR Act 12, s 19(2)(a)

Example

Mark has claimed UC. When making his claim for UC, he indicated that the state of
his health would limit his capability for work. The DM requires that Mark attend a
WCA in order to assess his capability for work. Following the WCA, the DM takes
into account the findings of the HCP and determines that Mark has LCWRA. Mark
cannot have any work-related requirement imposed on him.
Caring responsibilities

J2053 Severely disabled J2054

Where the claimant has
1. regular and
2. substantial
caring responsibilities for a severely disabled person then work-related requirements
cannot be imposed on them (1).

1 WR Act 12, s 19(2)(b)

J2054

Regular and substantial caring responsibilities for a severely disabled person in J2053means (1) that the carer
1. satisfies the conditions of entitlement for CA or
2. would satisfy the conditions of entitlement for CA if their earnings did not
exceed the prescribed limit for CA.
This definition applies regardless of whether or not that the carer has made a claim
for CA (2). This definition does not apply to a person who derives earned income from
those caring responsibilities (3).
1 UC Regs, reg 30(1); 2 reg 30(2); 3 reg 30(3)

Example 1

Andre has claimed UC. He works for a company providing care for disabled elderly
people. It is Andre's job to care for a client. With regards to his award of UC, Andre
is not in the no work-related requirements group because the caring he does is due
to his employment and is performed under a contract of service. He is in receipt of
earned income from his caring work.

Example 2

Kath has claimed UC. She is the carer for her elderly father who is in receipt of AA.
Although Kath is caring for her father for at least 35 hours a week, she has not
claimed CA and does not want to. With regards to her award of UC, Kath is placed in
the no work-related requirements group and this means that work-related
requirements cannot be imposed on her.

J2055 J2056

Where the claimant
1. has caring responsibilities for one or more severely disabled persons for at
least 35 hours a week and
2. does not satisfy the conditions of entitlement to CA and it would be
unreasonable for the claimant to comply with a
2.1
work search requirement including a limited requirement and
2.2
work availability requirement including a limited requirement
then work-related requirements cannot be imposed on them (1).

1 UC Regs, reg 89(1)(b)

J2056

A severely disabled person in J2055 means (1) a person for whom
1. AA (2) or
2. the care component of DLA at the highest or middle rate (3) or
3. CAA payable as
3.1
an increase of IIDB (4) or
3.2
an increase of an old scheme allowance (5) or
3.3
an increase of WC (6) or
3.4
a WDisP (7)
is payable provided that it is payable at a weekly rate of at least that specified in
legislation (8).
Note:
The meaning of WDisP is prescribed (9).
1 UC Regs, reg 89(2); 2 SS CB Act 92, s 70(2); 3 s 70(2); 4 SS (ICA) Regs, reg 3(1)(a); 5 reg 3(1)(b);
6 reg 3(1)(c); 7 reg 3(1)(d); 8 reg 3(1); SS CB Act 92, Sch 4, Part V, para 2(a);
9 SS (ICA) Regs, reg 3(2)

J2057

The conditions for entitlement to CA are that the claimant
1. is engaged in caring for a severely disabled person for any day (1) and
2. is regularly and substantially engaged in caring for that person (2) and
3. is not gainfully employed (3) and
4. is aged 16 or over (4) and
5. is not in FTE (5) and
6. satisfies prescribed conditions of residence or presence in GB (6).
Note 1: The claimant does not have to be related to the severely disabled person (7).
Note
2: DMG Chapter 60 provides guidance on CA.
1 SS CB Act 92, s 70(1); 2 s 70(1)(a); 3 s 70(1)(b); 4 s 70(3); 5 s 70(3); 6 s 70(4); 7 SS (ICA) Regs, reg 6

J2058 Caring for a child under the age of one

Where the claimant is the responsible carer for a child under the age of one then no
work-related requirements can be imposed on them (1).
1 WR Act 12, s 19(2)(c)

[J2059-J2060]

J2061 Adopters

Work-related requirements cannot be placed on a claimant who is an adopter where
it is 12 months or less since the date that the child was placed with the claimant (1).

1 UC Regs, reg 89(1)(d)(i)

J2062

Where a claimant who is an adopter chooses that the 12 month period should start
from a date within 14 days before the child was expected to be placed, then the 52
week period runs from that date (1).
1 UC Regs, reg 89(1)(d)(ii)

Example

Chloe is in receipt of UC. She is due to adopt a child on 2.12.13. She is aware that
her work-related requirements can be lifted for a period of 12 months. She asks her
adviser that she would like the 12 month period to run from 25.11.13 because she
needs to get things ready at home for when she adopts her child. Chloe is not
subject to work-related requirements for a period of 12 months from 25.11.13.

J2063 Foster parents

Work-related requirements cannot be placed on a claimant who is the responsible
foster parent of a child aged less than one year old (1).
1 UC Regs, reg 89(1)(f)

J2064 Pregnant claimants

Work-related requirements cannot be placed on certain claimants who
1. are or
2. were
pregnant.

J2065

A woman who is pregnant and it is 11 weeks or less before her expected week of
confinement cannot be subject to work-related requirements (1).

1 UC Regs, reg 89(1)(c)

J2066

A woman who was pregnant and it is 15 weeks or less since the date of their
confinement cannot be subject to work-related requirements (1).
1 UC Regs, reg 89(1)(c)

Example

Tessa gave birth to her daughter on 18.11.13. She makes a successful claim for UC
on 16.12.13. This means that work-related requirements cannot be placed on Tessa
until 3.3.14.

J2067 Reaching the qualifying age for SPC J2068

A claimant who has reached the qualifying age for SPC should have no work-related
requirements imposed on them (1). The qualifying age for SPC means (2)
1. for a woman - pensionable age or
2. for a man - the age which would be pensionable age for a woman born on the
same date as the man.
Note:
See DMG Chapter 75 for guidance on pensionable age.

1 UC Regs, reg 89(1)(a) ; 2 SPC Act 02, s 1(6)

J2068

The guidance in J2067 will apply in cases where UC has been awarded to joint
claimants where one member of that couple has reached the qualifying age for SPC
whilst the other member is below that age. A single claimant who has reached the
qualifying age for SPC is not entitled to UC (1).
1 WR Act 12, s 4(1)(b)

J2069 Claimants in certain types of education

It is a condition of entitlement for UC that a person not be receiving education (1).
However, some claimants receiving education can be entitled to UC. ADM Chapter
H6 provides guidance on the education condition.

1 WR Act 12, s 4(1)(d)

J2070

A person who is receiving education but is entitled to UC who
1. is undertaking a full-time course of study or training which is not a course of
advanced education and
2. is under the age of 21 or is 21 and reached that age whilst undertaking the
course and
3. is without parental support
cannot have work-related requirements placed on them (1).

1 UC Regs, reg 89(1)(e)(i)

J2071

A person who is receiving education but is entitled to UC who
1. is in receipt of student income in respect of the course they are undertaking
and
2. has student income taken into account in the calculation of their award of UC
cannot have work-related requirements placed on them (1).
1 UC Regs, reg 89(1)(e)(ii)

[J2072-J2079]

J2080 The earnings threshold and work-related requirements

The work-related requirements do not apply to claimants where their earnings
1. are equal to or
2. exceed
their individual threshold (1).
1 UC Regs, reg 90(1)

J2081 The individual threshold

The individual threshold for a claimant is the amount that a worker of the same age
would be paid at the appropriate NMW hourly rate (1).

1 UC Regs, reg 90(2)

J2082

For an individual the earnings threshold means the hourly rate of the NMW
appropriate to the claimant's age multiplied by
1. 16 hours per week for claimants subject to
1.1 the work-focused interview group only or
1.2 work preparation requirement (1) or
2. the expected number of hours of work per week for claimants who would
normally be subject to all work-related requirements (2).
1 UC Regs, reg 90(2)(a); 2 reg 90(2)(b)

Example

Jim is in receipt of UC and also has LCW. He is subject to a work preparation
requirement. Jim is aged 20 and the appropriate NMW rate for him is 4.98 per
hour.
Jim's individual earnings threshold is 4.98 X 16 = 79.68 pw.
This means that if Jim has earnings below 79.68 per week then he is still subject to
a work preparation requirement.

J2083 Expected hours of work

When determining whether work-related requirements apply with regards to the
earnings threshold, the DM has to have regard to the expected number of hours of
work per week.

J2084

The general rule is that, unless an exception applies, the expected number of hours
per week is normally 351.
1 UC Regs, reg 88(1)

Example

Russell has claimed UC. He works in a hotel, earns 150 per week and is 27 years
old. Russell would normally fall into the all work-related requirements group but the
DM has to determine whether Russell's earnings exceed the individual earnings
threshold. The calculation is as follows
6.08 (NMW rate appropriate to Russell) X 35 hours (the expected hours of work) =
212.80
Russell's earning's threshold is 212.80 pw.
His actual earnings are 150 and so are below the earnings threshold. Therefore,
Russell may have work-related requirements imposed on him because he is in the
all work related requirements group.

J2085 Exceptions to the expected number of hours of work

The expected hours of work for a claimant
1. who is a
1.1 relevant carer or
1.2. responsible carer or
1.3. responsible foster carer and
2. where the Secretary of State is satisfied that the claimant has reasonable
prospects of finding paid work
are the number of hours less than 35 that the Secretary of State considers is
compatible with those caring responsibilities (1).
1 UC Regs, reg 88(2)(a)

Example

Sally is the responsible carer for her daughter who is aged 15. They live in a remote
rural area. Her daughter catches the bus to school and back but has to be dropped
off at a bus stop by Sally. Sally's adviser at the jobcentre thinks that Sally's weekly
expected hours of work should be 30 and that there are reasonable prospects of
Sally finding paid work for those hours.
When working out Sally's earnings threshold, the calculation is the NMW rate
appropriate to Sally multiplied by 30.

J2086

The expected hours of work for a claimant who is a responsible carer for a child
aged under the age of 13 are the number of hours less than 35 that the Secretary of
State considers is compatible with the child's normal school hours (including the
normal time it takes the child to travel to and from school)1.
1 UC Regs, reg 88(2)(b)

Example

Jermaine is the responsible carer for his son who is aged 9 years old. It has been
agreed with Jermaine's adviser at the Jobcentre that Jermaine's expected hours of
work should be 28 hours a week because this fits in with his son's normal school
hours including the normal time it takes the child to travel to and from school.
When working out Jermaine's earnings threshold, the calculation is the NMW rate
appropriate to Jermaine multiplied by 28.

J2087

The expected hours of work for a claimant who has a
1. physical or
2. mental
impairment are the number of hours that the Secretary of State considers is
reasonable as a result of the impairment (1).
1 UC Regs, reg 88(2)(c)

J2088 Couples

A claimant who is a member of a couple is not subject to work-related requirements where
1. in the case of joint claimants, the couple's combined weekly earnings are
equal to or exceed the sum of their individual thresholds (1) or
2. in the case of a claimant who is a member of a couple (see ADM Chapter E2)
but who can claim UC as a single person, the couple's combined weekly
earnings are equal to or exceed the sum of
2.1 the claimant's individual threshold and
2.2 the amount a worker would be paid for 35 hours a week at the single
NMW standard rate (2).
1 UC Regs, reg 90(3)(a); 2 reg 90(3)(b)

J2089 Apprentices

Where a claimant is working under a contract of apprenticeship then no work-related
requirements can be placed on them if their weekly earnings are equal to or exceed
the amount which would be paid at the NMW rate for apprentices working
1. 30 hours a week or
2. the expected number of hours per week for that claimant, if less than 301.
1 UC Regs, reg 90(4)

J2090 The self-employed and the minimum income floor

A claimant
1. who is engaged in self-employment and
2. to whom the minimum income floor applies (see ADM Chapter H4)
has to be treated as having weekly earnings at a level equal to their individual
threshold (1). This means that no work-related requirements can be placed on them.
1 UC Regs, reg 90(5)

J2091 Calculating weekly earnings for the purpose of work-related requirements

In order to determine a person's weekly earnings to decide whether work-related
requirements apply, a weekly average of their earnings should be used.

J2092

The person's weekly average should be determined
1. by the amount of the earned income calculated or estimated in relation to the
current assessment period before any deduction for
1.1 income tax
1.2 national insurance contributions
1.3 relievable pension contributions or
2. where the earned income fluctuates or is likely to fluctuate by the amount of
that income
2.1 where there is an identifiable cycle, over the duration of one cycle or
2.2 where there is no identifiable cycle, over three months or such other
period to enable a weekly average to be determined more accurately (2).
1 UC Regs, reg 90(6)(a); 2 reg 90(6)(b)

[J2093-J2094]

J2095 Previous work-related requirements

Where a claimant
1. falls into the no work-related requirements group and
2. was previously subject to any work-related requirement
then those work-related requirements no longer apply (1).
1 WR Act 12, s 19(5)

J2096 Claimants with earnings below the threshold

Claimants with earnings below their threshold are not in the no work-related
requirements group. This means that work-related requirements may be placed on
them. However, the work-related requirements expected of them will generally
depend on the level of their earnings.

J2097

Where the claimant's level of earnings are below a level at which JSA is paid then it
will normally be the case that these claimants will be required to comply with work
search and work availability requirements.

[J2098-J2099]

J2100 Claimants subject to a work-focused interview requirement only

A work-focused interview requirement is a requirement that the claimant is required
to participate in one or more work-focused interviews (1).
1 WR Act 12, s 15(1)

J2101 What is a work-focused interview

A work-focused interview is an interview which the claimant is required to participate
in which relates to work or work preparation (1). The Secretary of State may specify
1. how
2. when
and
3. where
a work-focused interview is to take place (2).

1 WR Act 12, s 15(2); 2 s 15(4)

J2102

The
purposes (1) of a work-focused interview for a claimant are any or all of
1. assessing the claimant's prospects for remaining in or obtaining work
2. assisting or encouraging the claimant to remain in or obtain work
3. identifying activities that will make remaining in or obtaining work more likely
4. identifying
4.1 training or
4.2 educational or
4.3 rehabilitation
opportunities that may make it more likely to remain in or obtain work or be
able to do so
5. identifying current or future work opportunities that are relevant to the
claimant's needs and abilities
6. ascertaining whether a claimant is in gainful self-employment or meets the
conditions for the S/E start-up period.
1 WR Act 12, s 15(3); UC Regs, reg 93

J2103 Who is subject to a work-focused interview requirement only J2104 J2105

Claimants who
1. are the responsible carer for a child aged
1.1 at least one and
1.2 under three (1) or
2. are the responsible foster parent of a child aged at least one (2) or
3. are the responsible foster parent of a qualifying young person and it would be
unreasonable for the claimant to comply with a
3.1 work search requirement or
3.2
work availability requirement
because that young person has care needs (3) or
4. are a foster parent (but not the responsible foster parent) of a child or
qualifying young person and it would be unreasonable for the claimant to
comply with a
4.1 work search requirement or
4.2
work availability requirement
because that child or young person has care needs (4) or
5. are a foster parent who
5.1 does not have a child or qualifying young person placed with them but
intend to and
5.2 are within eight weeks of having fallen within 2., 3. or 4.5 or
6. have become a friend or family carer in relation to a child
6.1
within the last 12 months and
6.2 are the responsible carer for that child (6)
are subject to a work-focused interview only.
Note:
In 3. and 4. this includes where the work search and work availability
requirement would be limited (7).
1 WR Act 12, s 20(1)(a); UC Regs, reg 91(1); 2 reg 91(2)(a); 3 WR Act 12, s 17(4) & 18(3);
UC Regs, reg 91(2)(b); 4 WR Act 12, s 17(4) & 18(3); UC Regs, reg 91(2)(c);
5 reg 91(2)(d); 6 reg 91(2)(e); 7 reg 91(2)(b) & (c)

Example

Julia was in the no work-related requirements group because she was the
responsible carer for a child aged under one. Her child has since had his first
birthday. Julia is now in the work-focused interview requirement only group and has
to attend an interview or otherwise face a reduction in her UC. Julia's claimant
commitment has been amended to reflect this.

J2104

A friend or family carer in J2103 6. means a person caring for a child who
1. is responsible for the child but is not the child's parent or step-parent and
2. has
undertaken to look after the child because the child
2.1 has no parents or has parents who are unable to care or
2.2 would likely be otherwise looked after by the LA because of concerns
about the child's welfare (1).

1 UC Regs, reg 91(3)

J2105

Where a claimant falls into one or more of the categories in J2103 then no other
work-related requirement should be imposed on them. Any previous work-related
requirement ceases to have effect if the claimant is subject to a work-focused
interview requirement only (1).
1 WR Act 12, s 20(3)

[J2106-J2109]

J2110 Claimants subject to work preparation requirement and work-focused interview

Claimants
1. who do not fall into the
1.1 no work-related requirements group or
1.2 work-focused interview requirement only group and
2. who
2.1 have LCW (1) or
2.2 are the responsible carer for a child aged three or four
are subject to a work preparation requirement (2).

1 WR Act 12, s 21(1); 2 UC Regs, reg 91A

J2111

A claimant in this group may have a work preparation requirement imposed on
them (1). They may also have a work-focused interview requirement imposed on them
2
too .

1 WR Act 12, s 21(2); 2 s 21(3)

J2112

Where the claimant falls within the work preparation requirement group then they
cannot have a work search or work availability requirement imposed on them. Also,
any work search or work availability requirement imposed before the claimant was in
this group ceases to have effect once a claimant is in the work preparation
requirement group (1).
1 WR Act 12, s 21(4)

Example

Harry is in receipt of UC. When he first claimed UC, he was subject to a work search
and work availability requirement. On 1.11.13, the DM determined that following a
WCA, Harry has LCW. Harry is now in the work preparation group and from 1.11.13,
he is no longer subject to a work search or work availability requirement.

[J2113-J2119]

J2120 Claimants subject to all work-related requirements

A claimant who does not fall into the
1. no work-related requirements group or
2. work-focused interview requirements only group or
3. work-focused interview and work preparation group
falls into the all work-related requirements group (1).

1 WR Act 12, s 22(1)

J2121

Unless a determination has been made otherwise, claimants are subject to all work-
related requirements. This means that although a claimant may in the future fall
within one of the other work-related groups, until such time as a determination is
made on the matter, the claimant is subject to all work-related requirements.
Although a person may be subject to all work-related requirements, there will be
circumstances when these should be limited or not imposed (1). ADM Chapter J3
provides guidance on those circumstances.
1 UC Regs, regs 97, 98 & 99

Example

Sharon has claimed UC and has indicated that she is too ill to work. The DM decides
to refer Sharon for a WCA in order to assess whether she has LCW or LCWRA.
Until a determination is made on the WCA findings, Sharon falls into the all work
related requirements group. However, the DM should follow the guidance in ADM
Chapter J3 covering circumstances in which requirements must not be imposed.
These circumstances include where the claimant has provided medical evidence of
unfitness for work.

J2122

Unless an exception applies, a claimant in the all work-related group must have a
1. work search requirement and
2. work availability requirement imposed on them (1).

1 WR Act 12, s 22(2)

J2123

In addition, a claimant in the all work-related group may also have a
1. work-focused interview requirement and/or
2. work preparation requirement
imposed on them (1).
1 WR Act 12, s 22(3)

[J2124-J2129]

J2130 EEA jobseekers

Claimants who are
1. EEA jobseekers (1) or
2. treated as a worker (2) or
3. a person with a right to reside (3)
have to be treated as subject to all work-related requirements even if they would fall
into another work group (4).
1 Imm (EEA) Regs, reg 6(1)(a); 2 reg 6(1)(b); 3 Art 45 of the Treaty on the Functioning of the

European Union; 4 UC Regs, reg 92(1)

J2131 J2132

A claimant who is a family member of
1. an EEA jobseeker or
2. a person with a right to reside
has to be treated as subject to all work-related requirements even if they would fall
into another work group (1).

1 UC Regs, reg 92(2)

J2132

For the purposes of J2131, a family member is (1)
1. a spouse or civil partner
2. a direct descendant of the claimant, spouse or civil partner who is
2.1
under 21 or
2.2
dependants of the claimant, spouse or civil partner
3. is a dependent direct relative in the claimant's ascending line or that of the
spouse or civil partner.

1 UC Regs, reg 92(3); Imm (EEA) Regs, reg 7(1)(a), (b) or (c)

J2133

ADM Chapter C1 provides guidance on UC and International Issues. Please refer to
that for detailed guidance.

[J2134-J2999]