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Chapter R4: JSA claimant responsibilities - work- related requirements

Contents
R4001:Introduction
R4008:Dual entitlement to UC and JSA
R4010:Carers
R4011:Relevant carer
R4012:Responsible carer
R4013:Responsible foster parent
Responsible carer and responsible foster parent - couples and nominations
R4014:
R4020:Requirements in connection with work-related requirements
The work-focused interview requirement
R4030:Introduction
R4031:What a work-focused interview is
The work preparation requirement
R4040:Introduction
R4042:Types of action
The work search requirement
R4050:Introduction
R4053:All reasonable action
R4060:Expected hours of work
R4062:Exceptions to the expected number of hours of work
R4071:Temporary circumstances
R4073:Voluntary work

Time spent on work search which is less than the claimant's expected hours of work
R4075:
R4076:Examples of reasonable action
R4078:Any particular action
R4080:Best prospects of obtaining work
R4085:Interviews
R4086:Community orders, community disposals or anti-social behaviour orders
R4087:Skills, qualifications, abilities and limitations
R4091:Action taken in previous weeks
R4095:Homeless claimants
R4100:Evidence
R4105:Proof
The work availability requirement
R4110:Introduction
R4112:Willing and able immediately to take up paid work
R4128:Forbidden by law to take paid work
R4140:Interviews
R4141:Prisoners
R4142:Treated as having complied with a work availability requirement
R4143:Carers
R4145:Voluntary work
R4150:Employed under a contract of service
Limitations on the work search and work availability requirement
R4160:Introduction
R4161:Location
R4163:Previous paid work
R4165:Physical and mental impairments
R4170:Expected hours of work
Imposition of work-related requirements
R4180:Claimants with no requirements imposed on them: domestic violence
R4182:Definitions
R4183:Domestic violence
R4185:Health care professional
R4186:Person acting in an official capacity
R4187:Registered social worker
R4188:Victims of domestic violence
R4192:Circumstances in which requirements must not be imposed
R4194:Attending a court or tribunal
R4197:Temporarily absent from GB
R4200:Within six months of a death
R4203:Structured recovery orientated course
R4204:Protection of persons involved in investigations and proceedings
Unreasonable to comply with a work search or work availability requirementR (42)16
R4217:Temporary child care responsibilities
R4218:Temporary circumstances
R4219:Carrying out a public duty
R4221:Work preparation requirement and voluntary work preparation
R4230:Unfit for work
Examples of domestic abuse ................................................................ Appendix

Chapter R4: JSA claimant responsibilities - work-related requirements

R4001 Introduction

If a claimant does not comply with their work-related requirements then their JSA
may be reduced (1). ADM Chapters S4 - S7 provide guidance on the sanctions which
may apply to claimants who do not comply with a work-related requirement.

1 JS Act 95, s 6J & 6K

R4002

The JSA work-related requirements are (1) the
1. work-focused interview requirement (see R4030 et seq)
2. work preparation requirement (see R4040 et seq)
3. work search requirement (see R4050 et seq)
4. work availability requirement (see R4110 et seq).

1 JS Act 95, s 6(2)

R4003

A work-related requirement when imposed on a claimant can be subject to change
and can be revoked. The Secretary of State has the power to change or revoke
what has been specified or imposed on a claimant (1).

1 JS Act 95, s 6H(3)

R4004

The claimant has to be aware of any work-related requirement that has been
imposed on them. Where a claimant is subject to a work-related requirement then
this should be recorded on the claimant's claimant commitment. If not, it should be
notified to the claimant in a manner that the Secretary of State sees fit. This includes
where a work-related requirement has been changed or revoked (1).

1 JS Act 95, s 6H(4)

R4005

A JSA claimant must, except in certain circumstances, have a
1. work search requirement and
2. work availability requirement imposed on them (1).

1 JS Act 95, s 6F(1)

R4006

A claimant may also have either or both of a
1. work-focused interview requirement
2. work preparation requirement imposed on them (1). 1 JS Act 95, s 6F(2)

R4007

R4008 Dual entitlement to UC and JSA

Where a claimant is entitled to both JSA and UC then the JSA work-related
requirements do not apply (1). Please refer to the UC guidance in ADM Chapter J3.
1 JSA Regs 13, reg 5(1) & (2)

R4009

R4010 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.

R4011 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 which makes those caring responsibilities necessary. 1 JSA Regs 13, reg 4(1)

R4012 Responsible carer

A claimant is a responsible carer where (1) they are a
1. the only person who is responsible for the child or
2. member of a couple where
2.1 both members are responsible for the child and
2.2 the claimant has been nominated by the couple jointly as responsible
for the child.
1 JSA Regs 13, reg 4(1)

R4013 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 carer.
1 JSA Regs 13, reg 4(1)

R4014 Responsible carer and responsible foster parent - couples and nominations

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

1 JSA Regs 13, reg 4(1)

R4015

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

1 JSA Regs 13, reg 4(3)

R4016

Where there is more than one child, the nomination applies to all the children for
whom the claimant is responsible (1).

1 JSA Regs 13, reg 4(4)

R4017

A nomination can be changed
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 JSA Regs, reg 4(2)

[R4018-R4019]

R4020 Requirements in connection with work-related requirements

The Secretary of State can require (1) that a claimant participate in an interview for
any purpose relating to
1. the imposition of a work-related requirement on a claimant and
2. verifying the claimant's compliance with a work-related requirement and
3. helping the claimant to comply with a work-related requirement.

1 JS Act 95, s 6G(1)

R4021

The Secretary of State may specify (1)
1. how and
2. when and
3. where
the interview should take place. This applies to claimants where interviews form part
of their conditionality regime.

1 JS Act 95, s 6G(2)

R4022

Failure by the claimant to participate without good reason in the interview may result
in a sanction (1).

1 JS Act 95, s 6K(2)(b)

R4023

In order to verify that the claimant has complied with a work-related requirement, the
Secretary of State can require (1) a claimant to
1. provide information and evidence as specified and
2. confirm compliance as specified.
1 JS Act 95, s 6G(3)

Example

Gail is in receipt of JSA. As part of her work-search requirement, she was asked to
draw up an up to date CV. This action was recorded on Gail's claimant commitment.
Gail's adviser at the Jobcentre arranges an interview for Gail to attend to discuss
her work search and to bring with her the up-dated CV. The adviser asks Gail to
bring the up to date CV with her to the interview so that compliance with that work-
related requirement can be confirmed.

[R4024-R4027]

R4028

A claimant can be required (1) to report to the Secretary of State any specified
changes in their circumstances which are relevant to the
1. imposition of work-related requirements on them and
2. claimant's compliance with a work-related requirement.

1 JS Act 95, s 6G(4)

R4029

The work-focused interview requirement

R4030 Introduction R4002

The work-focused interview requirement is a requirement that a claimant take part in
one or more work-focused interviews as specified by the Secretary of State (1).
1 JS Act 95, s 6B(1)

R4031 What a work-focused interview is

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 JS Act 95, s 6B(2); 2 s 6B(4)

Example

Clive is in receipt of JSA. Clive is notified by an officer of Jobcentre Plus to attend a
work-focused interview on 15.7.13 at 10 a.m. in person at his local Jobcentre Plus
office.

R4032

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 the claimant may undertake 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 the claimant 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.
1 JS Act 95, s 6B(3) & JSA Regs 13, reg 10

Example

Connor attends his work-focused interview at his local Jobcentre Plus office. At the
interview Connor's adviser discusses obtaining the paid work that fits within
Connor's capabilities and circumstances and whether there are any issues which
require addressing in order for Connor to be able to successfully find work. Connor
says that he would like to work in an office environment but has little recent
experience of this. Connor and his adviser discuss the activities that will make it
more likely that Connor will be successful in obtaining paid work. These include a
programme of work experience and also a basic IT course.

R4033

The activities discussed in a work-focused interview are activities that will make it
more likely that the claimant will obtain
1. paid work or
2. more paid work or
3. better-paid work.
The activities may be actions to be taken by the claimant immediately or in the future. Note: Paid work includes self-employment.

R4034

Examples of such activities include
1. employment programmes
2. work experience
3. voluntary work
4. gaining relevant qualifications.

[R4035-R4039]

The work preparation requirement

R4040 Introduction R4002 R4221 S7010

The Secretary of State can require that a claimant take particular action for the
purpose of making it more likely that the claimant will obtain
1. paid work or
2. more paid
work
or
3. better paid work (1). This is known as the work preparation requirement. Note: It is the Secretary of State's opinion that matters as to whether the particular action will enable the claimant to obtain 1., 2. or 3..

1 JS Act 95, s 6C(1)

R4041

The amount of time that has to be spent on any particular action can be specified by
the Secretary of State (1).
1 JS Act 95, s 6C(2)

R4042 Types of action

The kinds of action which may be specified by the Secretary of State include (1)
1. attending a skills assessment
2. improving personal presentation
3. taking part in training
4. taking part in an employment programme
5. undertaking
5.1
work experience or
5.2
a work placement
6. developing a business plan
7. any other prescribed action. Note: No action has been prescribed in legislation for 7.
1 JS Act 95, s 6C(3)

Example 1

Joanna works for a few hours a week on a S/E basis as a free-lance web designer
and wishes to make this work her main employment. At the moment, the work is ad
hoc. Joanna's adviser at the Jobcentre advises that in order to have a better chance
of getting more of this work, Joanna should develop a business plan setting out who
she sees as her potential clients, how these clients should be approached, how her
work can be marketed and how her resources should be best employed. This is
Joanna's work preparation requirement and is recorded on her claimant
commitment. If Joanna doesn't develop this business plan within timescales agreed
with her adviser then her JSA could be sanctioned.

Example 2

Chris has claimed JSA following his release from prison. His employment history is
made up mainly of temporary jobs and casual work. Upon making his claim for JSA,
Chris agreed with his adviser at the Jobcentre that he would undertake a skills
assessment in order to clarify what work he would be best placed to look for. This is
part of a work preparation requirement and is recorded on Chris's claimant
commitment.

Example 3

Diane is homeless and has been sleeping rough for the last week. Her adviser at
the Jobcentre has decided to temporarily lift the requirement to comply with her
work availability and work search requirement (see ADM R4218). Diane's lack of
having an address is making it difficult for her to find paid work, In order to improve
her chances of finding paid work, Diane's adviser at the Jobcentre advises her that
she should register with the LA on the housing waiting list. This is Diane's work
preparation requirement and is recorded on her claimant commitment.

[R4043-R4049]

The work search requirement

R4050 Introduction R4002

The work search requirement is a requirement that a claimant takes
1. all reasonable action and
2. any particular action that has been specified by the Secretary of State
to obtain paid work or more paid work or better paid work (1).
Note: Paid work includes self-employment.

1 JS Act 95, s 6D(1)

R4051

The amount of time that a claimant has to spend on any particular action can also
be specified by the Secretary of State (1).

1 JS Act 95, s 6D(2)

R4052

When deciding if the work search "all reasonable action" requirement has been met,
DMs should have regard to the
1. time spent by the claimant searching for work and
2. quality of the claimant's work search including the range of actions that they
have taken (for example, contacting employers, registering with employment
agencies, investigating self-employment opportunities etc).

R4053 All reasonable action

A claimant who has not taken all reasonable action to obtain paid work has to be
treated as not having complied with a work search requirement (1).

1 JSA Regs 13, reg 12(1)

R4054

In order to meet the requirement to take all reasonable action in any week
1. a claimant must
1.1 take action to get paid work for their expected hours of work per week
minus any relevant deductions (1) or
1.2 satisfy the Secretary of State that they have taken all reasonable action
despite the time spent doing this being less than the claimant's
expected hours of work (2) and
2. the claimant's action must be action which gives them the best prospects of
obtaining work (3).

1 JSA Regs 13, reg 12(1)(a)(i); 2 reg 12(1)(a)(ii); 3 reg 12(1)(b)

R4055

Relevant deductions means (1) the total of any time agreed by the Secretary of State
for the claimant to
1. carry out in that week
1.1 paid work or
1.2 voluntary work or
1.3 a work preparation requirement or
1.4 voluntary work preparation or
2. deal with
2.1 temporary childcare responsibilities or
2.2 a domestic emergency or
2.3 funeral arrangements or
2.4 other temporary circumstances.
Note 1: Voluntary work preparation in 1.4 is action taken by the claimant and
agreed by the Secretary of State for the purpose of making it more likely they will
obtain paid work but which has not been specified by the Secretary of State as part
of a work preparation requirement (2).
Note
2: A relevant deduction should also include the travel time it takes for a
person to travel to and from the place to under 1.1, 1.2, 1.3 and 1.4.
Note
3: See R4071 for guidance on temporary circumstances.
1 JSA Regs 13, reg 12(2); 2 reg 4(1)

Example 1

Peter is in receipt of JSA. Peter agrees with his adviser that his expected hours of
work a week are 35 and that he would spend 35 hours a week on his work search
requirement. This is recorded on his claimant commitment. Including travel time,
Peter spends five hours a week helping out at his local youth club on a voluntary
basis. This was agreed with his adviser. For the purposes of all reasonable action in
searching for work, Peter's relevant deductions are five hours a week. This means
that Peter should spend 30 hours a week on his work search requirement taking
action that gives him the best prospects of finding paid work.

Example 2

Joe's expected hours of work are 35 a week. He has just started working for a few
hours a week on a S/E basis as delivery driver and wishes to make this work his
main employment. At the moment, the work is sporadic. Joe's adviser at the
Jobcentre advises that in order to have a better chance of getting more of this work,
Joe should develop a business plan setting out who he sees as his potential clients,
how these clients should be approached and how his work can be advertised. This
is Joe's work preparation requirement and is recorded on his claimant commitment.
It has been agreed that Joe should spend five hours a week on the work preparation
requirement. This means that Joe should normally spend 30 hours a week on his
work search requirement taking action that gives him the best prospects of finding
paid work.

[R4056-R4059]

R4060 Expected hours of work

When determining all reasonable action in a work search requirement, the DM has
to have regard to the expected number of hours of work per week.

R4061

The general rule is that, unless an exception applies, the expected number of hours
of work per week is normally 351.
1 JSA Regs 13, reg 9(1)

Example

Phil is a single unemployed man and has made a claim for JSA Phil's expected
hours of work are normally 35 per week. This is recorded on his claimant
commitment. Phil is expected to normally spend 35 hours per week on his work
search.

R4062 Exceptions to the expected number of hours of work R4066 R4170

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 parent and
2. where the Secretary of State is satisfied that the claimant has reasonable
prospects of obtaining paid work
are the number of hours that the Secretary of State considers is compatible with
those caring responsibilities (1).

1 JSA Regs 13, reg 9(2)(a)

R4063

When considering whether a claimant has reasonable prospects of obtaining paid
work for the hours that meet their caring responsibilities, circumstances which
should be taken into account include
1. the type and number of vacancies within 90 minutes normal travelling
distance of their home
2. their skills, qualifications and experience
3. how long it is since they last worked
4. the job applications that they have made and the outcomes.

R4064

Where there are no current vacancies which fit the claimant's caring responsibilities
in their particular locality, it should be considered whether the claimant has done all
that they can (and continue to do so) to give themselves reasonable prospects of
finding work when it is available in their locality.

R4065

Where a claimant is a responsible carer for a child aged under the age of 13, the
expected hours of work are the lower number 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. The claimant does not have to show that
they have reasonable prospects of obtaining paid work.
1 JSA Regs 13, reg 9(2)(b)

Example

Jerry is the responsible carer for his son who is aged 12 years old. It has been
agreed with Jerry's adviser at the Jobcentre that Jerry's expected hours of work
should be 28 hours a week because this fits in with his son's normal school hours
including the time it takes for Jerry's son to travel to and from school.

R4066

Where a claimant is the responsible carer of a child aged 13 or over, the claimant's
work search and work availability requirements can be limited to fit in with those
caring responsibilities. The DM should take into account any mental or physical
impairments of the child (see R4062). The claimant has to show reasonable
prospects of obtaining work notwithstanding those limitations (1).

1 JSA Regs 13, reg 9(2)(a)

R4067

The expected hours of work for a claimant who has a
1. physical or
2. mental
impairment are the lower number of hours that the Secretary of State considers is
reasonable as a result of the impairment (1). The claimant does not have to show that
they have reasonable prospects of obtaining paid work.
1 JSA Regs 13, reg 9(2)(c)

Example

Colin has claimed JSA. He suffers from rheumatoid arthritis which can cause him a
degree of pain and discomfort but he does not have LCW. Colin's adviser considers
the evidence and decides that Colin cannot be expected to work for 35 hours a
week but that it is not unreasonable for him to work for ten hours a week. Colin's
expected number of hours a week for the purposes of JSA are therefore ten per
week.

R4068

A claimant may have their hours of work limited in any way provided the limitations
are reasonable in the light of their physical or mental condition.

Example

Hank suffers from emphysema. He asks that the type of work that he can do should
be limited
1. to avoid working in smoke or fumes
2. regarding the number of hours of work in a week or the number of hours in a
shift due to fatigue/limitations.
This is determined to be reasonable in the light of Hank's condition.

R4069

Where it is agreed with the claimant that there are acceptable limitations due to their
physical or mental impairments then they do not have to show they have reasonable
prospects of getting paid work. However, the claimant must show that all the
limitations are reasonable and are directly connected with their physical or mental
impairment.

[R4070]

R4071 Temporary circumstances R4055 R4218

A temporary circumstance is any relevant change affecting the claimant that is likely
to be for a limited period of time only and is a question of fact. The fact that there
may be no end date for the temporary circumstance does not prevent the change
being temporary. It is also possible in time for a temporary circumstance to become
a permanent circumstance. Claimants do need to report relevant changes in their
circumstances. Where this happens the claimant's adviser will need to consider with
the claimant new work-related requirements. An updated claimant commitment
would also be required to reflect their new circumstances.

Example 1

When Moin claimed JSA it was agreed with his adviser that his weekly expected
hours of work were 35 and that he would spend 35 hours a week on his work search
requirement. This is recorded on his claimant commitment. Moin is to move house in
the week commencing 20 April. Moin's adviser agrees that during this week, Moin
needs to only spend 20 hours a week on his work search requirement because 15
hours a week can be a relevant deduction to take account of the time spent moving
house. The act of moving from one house to the other is a temporary circumstance
for Moin.

Example 2

Sara is in receipt of JSA and her weekly expected hours of work are 35. Her
daughter Amelia is at secondary school but has been excluded for a week due to
her bad behaviour. As a result of Amelia's exclusion and other issues associated
with it, Sara has not been able to devote 35 hours a week to her work search and
has spent about 10 hours on this. Sara's adviser agrees that for the week this work
search is sufficient because Amelia's exclusion from school is a temporary
circumstance for Sara.

[R4072]

R4073 Voluntary work

Where the Secretary of State has agreed that the claimant can carry out voluntary
work in a week then for the purposes of calculating the relevant deduction, the time
agreed cannot exceed 50% of the number of the claimant's number of expected
hours of work (1).

1 JSA Regs 13, reg 12(3)

R4074

Claimants can do as much voluntary work as they wish but for the purposes of JSA,
only 50% of their expected hours of work can be a relevant deduction against their
work search activities for the week.

Example

Carol is in receipt of JSA. It has been agreed that she should be looking for paid
work of 35 hours a week. Carol also performs voluntary work at her daughter's
school. The amount of time that will be allowed as a maximum deduction in respect
of the voluntary work cannot exceed 17.5 hours a week even if Carol performs
voluntary work in excess of 17.5 hours a week.

R4075 Time spent on work search which is less than the claimant's expected hours of work

There will be times where a claimant has spent less time on work search than their
expected hours of work. In such cases, where a claimant has taken all reasonable
action to find paid work, then the work search requirement is satisfied (1). What all
reasonable action will be will depend on the claimant's circumstances.
1 JSA Regs 13, reg 12(1)(a)(ii)

R4076 Examples of reasonable action

Activities such as
1. verbal or written or on-line applications for employment to persons who
1.1 have advertised job vacancies or
1.2 who appear to be able to offer employment and
2. looking for information on job vacancies
2.1 in advertisements or
2.2 from people who have placed advertisements indicating employment is
available or
2.3 from employment agencies and employment businesses or
2.4 from employers
2.5 on-line and
3. registering with an employment agency or employment business and
4. appointing someone else to help the claimant find employment and
5. seeking specialist advice which will help the claimant to get employment,
taking into account the claimant's
5.1 needs and
5.2 mental or physical impairments and
6. drawing up a curriculum vitae and
7. seeking a reference or testimonial from a previous employer and
8. drawing up a list of employers who may be able to offer employment with a
view to seeking information from them on possible job vacancies and
9. seeking information about employers who may be able to offer employment to
the claimant and
10. seeking information on an occupation with a view to getting employment in
that occupation
are examples of reasonable action to obtain work but this is not exhaustive. The
better the quality of the activity, the more likely that the action that the claimant has
taken has provided the best prospects of obtaining paid work.

Example

Darren is in receipt of JSA. His expected number of hours of work are 35 a week.
On a typical day, Darren spends
1. two hours on-line looking through recruitment sites
2. one hour reading the "situations vacant" pages in the press (local papers,
national papers and trade journals)
3. one hour and a half completing a job application and covering letter
4. half an hour reviewing and updating his CV
5. half an hour pursuing further information on suitable advertised vacancies
6. half an hour speaking to friends, family and former colleagues about possible
employment opportunities
7. one hour researching the possibility of setting up in business as self-
employed.

R4077

Where a claimant has done all that could be reasonably be expected of them in
terms of
1. applying for all suitable vacancies
2. undertaking all the activities set out in their work search and work preparation plan
3. suitable work search action in addition to 1. and 2.
then this will normally be sufficient even where the time taken was less than the
claimant's expected hours of work.

R4078 Any particular action

The Secretary of State can specify that the claimant takes particular action as part
of a work search requirement in order for the claimant to get
1. paid work or
2. more paid work or
3. better-paid work (1).

1 JS Act 95, s 6D(1)(b)

R4079

The types of action that may be specified includes (1)
1. carrying out work searches
2. making job applications
3. creating and maintaining an online profile in connection with finding work
4. registering with an employment agency
5. seeking references
6. any other action as the Secretary of State thinks fit.
1 JS Act 95, s 6D(3)

Example

John's previous work experience is in IT. He is searching for further work in this
profession. There are a number of employment agencies which specialise in finding
work for IT professionals but John has not yet approached them. As part of John's
work search requirement, his adviser now specifies that John must register with
these specialist employment agencies.

R4080 Best prospects of obtaining work

What is the best chance of getting paid work will vary from claimant to claimant.
Claimants must take such action that offers them their best chance of getting
1. paid work or
2. more paid work or
3. better-paid work.

[R4081-R4082]

R4083

If claimants take action that does not offer them any chance of getting an offer of
paid work, this action cannot help them satisfy the work search requirement.

Example

Zac's claimant commitment records that he is looking for office work and retail work.
He is a keen video gamer and spends a considerable amount of time playing these
games at home and at friends' houses. Ideally, Zac would like to be a games
designer and says that the time spent playing games is good experience and could
help him get paid work. There is no evidence that Zac has applied for any jobs in
that field and there is no evidence that Zac's time spent playing games has made
him more attractive to any would be employer. The time that Zac spends playing
video games does not help him to satisfy the work search requirement.

R4084

The type of work that claimants are or should be looking for is taken into account
when deciding which actions would give them their best chance of getting paid work.

R4085 Interviews

A work search requirement may require a claimant to apply for a particular vacancy.
Failure to participate in an interview in connection with that vacancy means that the
claimant has to be treated as having not complied with a work search requirement (1).
1 JSA Regs 13, reg 11

Example 1

Anna has been required by her adviser to apply for a vacancy at the local nursery.
Anna applied for the vacancy but when offered an interview, she declined to attend
on the grounds that she had heard from family and friends that the nursery has a
poor reputation. Anna has not complied with a work search requirement.

Example 2

Damien has been required by his adviser to apply for a vacancy as a credit
controller. Damien applied for the post and completed a satisfactory application but
was not short listed for an interview. Damien has complied with a work search
requirement.

R4086 Community orders, community disposals or anti-social behaviour orders

If claimants are subject to
1. community orders or
2. community disposals or
3. anti-social behaviour orders
that require them to be at home during the day, then this should be taken into
account when the work-search requirement is set. Examples of searching for work
from home are reading newspapers, accessing the internet, using the phone and
writing to employers.

R4087 Skills, qualifications, abilities and limitations

Claimants'
1. skills and
2. qualifications and
3. abilities and
4. limitations
may affect the type of action that they can reasonably be expected to take.

R4088

Claimants with
1. mental impairments or
2. physical impairments or
3. communication difficulties or
4. learning difficulties
may not be able to cope with the amount or type of job search that could reasonably
be expected of a claimant without these disabilities or difficulties.

R4089

Some may not be able to make many personal visits to employers or employment
agencies because
1. of travelling difficulties or
2. they may need to make travelling arrangements well in advance.
However they should still take whatever action they can reasonably be expected to
take, allowing for their impairments and the facilities available to them.

R4090

If claimants are illiterate they cannot reasonably be expected to write to employers
or read advertisements. But they could
1. arrange for someone else to help them search for work, for example by
passing on information about suitable job advertisements and
2. take other action that they can reasonably be expected to take, for example
visiting or telephoning employers' premises or sites.

R4091 Action taken in previous weeks

The action that claimants took in previous weeks to search for work often affect
what they can reasonably be expected to do in the week in question. For example, if
claimants have already written to employers enquiring about vacancies, and they
1. are still awaiting a reply or
2. have been told that no work is available
they cannot reasonably be expected to write to that employer again until a
reasonable time has passed.

R4092

If claimants
1. have already registered with an employment agency or business and
2. they have promised to let them know of any suitable vacancies
it is reasonable for claimants to wait, for a time, for the agency to contact them. But
there will usually be other action that they could reasonably be expected to take.

R4093

As vacancies are constantly being filled and new vacancies advertised, it may be
reasonable to expect claimants to
1. continue to make use of Universal Jobmatch
2. continue to make use of internet job sites which they are registered with
3. visit a local Jobcentre Plus office in the week in question to check whether
any new vacancies have been advertised, even if they visited in previous weeks
4. apply for a vacancy newly advertised by an employer, even if they are waiting
for the result of other applications they have made to that employer.

R4094

R4095 Homeless claimants

If claimants have nowhere to live
1. it may be difficult for them to be contacted by
1.1 employers or
1.2 employment agencies or
1.3 those who may be able to help them find employment and
2. they may have to spend much of their time in the week in question looking for
somewhere to live.
Both these factors should be taken into account in deciding what it was reasonable
to expect them to do in any week.

R4096

Some homeless claimants may be able to arrange for friends or relatives to receive
their mail. But all the facts must be taken into account when deciding whether this is
reasonable in the claimant's case.

R4097

Being homeless may limit the action claimants can take. However homeless
claimants can still search for work by
1. reading advertisements and
2. making personal calls on
2.1 employers and
2.2 employment agencies and
3. making use of services in
3.1 the
Jobcentre
or
3.2 their local library
to apply for jobs and create CVs. The above is not exhaustive.

[R4098-R4099]

R4100 Evidence

Where there is a doubt about whether a claimant is meeting their work search
requirement, the case will usually be referred to the DM with
1. a copy of the claimant commitment and
2. details of any other action to seek work that an officer of the Jobcentre Plus
office suggested the claimant take in the week or weeks in question and
3. evidence of what action the claimant took to seek work in those weeks and
4. evidence of what action the claimant took in previous weeks and
5. evidence of any advice about searching for work that the Jobcentre Plus
office had previously given the claimant.

R4101

The DM does not have to accept that the action suggested by the Jobcentre Plus
office is the action that the claimant can reasonably be expected to take to give
them their best chance of getting work. For example, the DM may have, or obtain,
other evidence that suggests
1. it was not reasonable to expect the claimant to take the action expected by
the Jobcentre Plus office and that action did not offer the claimant their best
chance of getting work or
2. it would have been reasonable to expect the claimant to take other action
(whether or not the claimant took them) and that they offered the claimant
their best chance of getting work.
In the absence of such evidence, the DM should accept that the actions expected by
the Jobcentre Plus office were reasonable and offered the claimant their best
chance of obtaining work.

R4102

Evidence of work search includes
1. evidence from employers, employment agencies or other bodies that the
claimant has contacted
2. the claimant's activity on Universal Jobmatch
3. copies of letters or applications that the claimant has sent to employers on
line, by post or in person
4. the claimant's uncorroborated written evidence (claimants should keep a
record of their job search and other efforts to find work)
5. the claimant's own verbal evidence, recorded by an officer of the Jobcentre
Plus office.

R4103

Corroboration of the claimant's evidence is not essential (see ADM Chapter A1).
DMs should note that
1. claimants will not always be able to obtain corroborative evidence if they state
that they have
1.1 "asked around" or
1.2 applied for jobs that are normally advertised and filled by word of mouth
and
2. employers do not always reply to written enquiries.

R4104

If the DM has reason to doubt whether a claimant has contacted certain employers
or agencies those employers or agencies may be asked whether they
1. keep a record of enquiries by job seekers and
2. are able to confirm that a particular person approached them for employment.
But such enquiries should only be necessary if the evidence before the DM is
inconsistent or seems unlikely.

R4105 Proof

Before determining whether the claimant was meeting the work search requirement
in any week the DM
1. must decide what the claimant did in that week to search for work and
2. may also have to decide what they did to search for work in previous weeks.
The onus is on the claimant to show what steps have been taken (1).

1 UC, PIP & WaB (C&P) Regs, reg 38(2) & (3)

R4106

Determining whether claimants were meeting the work search requirement in any
week requires a comparison between
1. what they in fact did to search for work in that week and
2. what the law required them to do.

R4107

Claimants must take the work search actions that give them the best prospects of
securing work; it will not be enough just to spend time looking for a job. They must
be doing so in an effective manner.

[R4108-R4109]

The work availability requirement

R4110 Introduction R4002

A work availability requirement is a requirement that a claimant be available for
work (1).

1 JS Act 95, s 6E(1)

R4111

To be available for work, a claimant must be
1. able and
2. willing immediately to take up paid work or more paid work or better-paid work (1). 1 JS Act 95, s 6E(2)

R4112 Willing and able immediately to take up paid work

To be available for employment claimants must
1. be available in an active, positive sense and
2. draw attention to their availability.
Claimants will not be available for paid work if they are passive and merely wait for
someone to find and offer them work (1).

1 R(U) 5/80

R4113

In order to demonstrate that they are willing and able immediately to take up paid
work, claimants should
1. be physically able to take up work within the appropriate timescale
2. be contactable (through mail, e-mail or phone) for interviews or work
3. be willing and able to give up any commitments which may interfere with their
ability to start work
4. attend all interviews that have been arranged for them
5. consider their appearance and behaviour to ensure this does not reduce their
prospects of finding paid work.

Example

Kevin is in receipt of JSA and has a work availability requirement with no limitations.
In order to improve his prospects of finding work as an IT engineer, Kevin has
enrolled at his own expense on a training course. He did not discuss this with his
adviser at the Jobcentre. The training course has cost Kevin a significant amount of
money in fees and Kevin says that he is not prepared to take time off the course or
give it up in order to attend any job interviews that may arise. The DM determines
that Kevin is not complying with his work availability requirement.

R4114

The DM determines whether the
1. type or
2. types of employment that the claimant is available for are paid work (1).

1 R(U) 14/51

R4115

The DM can decide that claimants are not available for paid work, even if they have
not refused an offer of work (1).

1 R(U) 44/53

R4116

Whether claimants are available for paid work depends on their intentions and
attitude towards taking paid work. It should generally be accepted that people are
available for paid work if
1. they say they are available and
2. they do all that is required of them to prove their availability and
3. they give the promises that are normally accepted as proving availability and
4. there is nothing in their statements or actions to suggest they are not
available (1).
Note: There may be evidence that claimants have taken action to seek paid work.
However they may not be able and willing to start work at once, for example
because they are engaged in some other activity that they are unable or unwilling to
leave.
1 R(U) 3/65

[R4117-R4127]

R4128 Forbidden by law to take paid work

To be available for paid work a claimant must be able to take up employment in
accordance with the law of the UK (1).
1 R(U) 13/57; R(U) 1/82(T)

Example 1

Hassan who does not have a right to live in the UK, is granted a work permit that is
valid for one particular type of employment. He is not allowed to take other
employment without permission of the HO. When his employment ends he claims
JSA. Any offer of employment made to Hassan is subject to a work permit being
obtained, from the HO, first. Without obtaining a work permit he is not able to take
employment, at once, in accordance with UK legislation. Hassan is not available for
work.

Example 2

Maria from Brazil has a permit to stay in the UK and take up employment. She does
not comply with the conditions of the permit and it is withdrawn. Maria is ordered to
leave the country by a certain date in a deportation order. She is not available for
paid work unless the deportation order is revoked and the permit reinstated.

[R4129-R4139]

R4140 Interviews

A claimant has to be treated as having not complied with a work availability
requirement if the claimant is not
1. willing and
2. able
immediately to attend an interview in connection with getting paid work (1).
1 JSA Regs 13, reg 13(1)(a)

Example 1

Jeff is reluctant to immediately attend a job interview that could result in him getting
paid work. He takes the view that he needs to spend time on preparation and
research before attending any interview in order to give himself the best chance of
success. In any case, Jeff thinks that he has a decent prospect of a job interview in
about a fortnight's time - he is just waiting for an employer to get back to him - and
he wants to concentrate his efforts on that possible interview. Despite being advised
by the Jobcentre about the requirement to be willing and able to immediately attend
an interview, Jeff won't change his mind. The DM determines that Jeff does not
comply with a work availability requirement.

Example 2

Roy is in receipt of JSA. His adviser at the Jobcentre has spotted a vacancy which
Roy would be suitable for. The employer wishes to fill the vacancy as quickly as
possible and can interview applicants straight away. Roy's adviser contacts Roy
about the vacancy and tells him that the employer can see him that afternoon. Roy
says he will not attend the interview because he thinks it's too short notice and in
any case, he was planning on completing an application form for another vacancy
that afternoon. The DM determines that Roy does not comply with a work availability
requirement.

R4141 Prisoners

A prisoner on temporary release (1) has to be treated as having not complied with a
work availability requirement (2).
1 Prison Act 1952; Prisons (Scotland) Act 1989, s 39(6); 2 JSA Regs 13, reg 13(1)(b)

R4142 Treated as having complied with a work availability requirement

Even though a claimant is not actually able to immediately take up paid work, a
claimant has to be treated as having complied with a work availability requirement
where (1) they are
1. a responsible or relevant carer or
2. engaged in voluntary work or
3. employed under a contract of service.
However certain conditions apply and the following paragraphs provide guidance on
those conditions.
1 JSA Regs 13, reg 13(2)

R4143 Carers

Where the
1. claimant is a
1.1 responsible carer
or
1.2
relevant carer and
2. Secretary of State is satisfied that as a result the claimant needs
2.1
a period of up to one month to take up paid work or
2.2 up to 48 hours to attend an interview in connection with obtaining paid work
taking into account alternative care arrangements
and
3. claimant is able and willing to
3.1 take up paid work or
3.2 attend an interview
on being given notice for the period in 2.1 or 2.2
then the claimant is to be treated as having complied with a work availability
requirement (1).
1 JSA Regs 13, reg 13(3)

Example 1

Tammy and George are each in receipt of JSA. They have a child aged 14 at
secondary school. For the purposes of their awards of JSA, Tammy has been
nominated as the responsible carer. In order to satisfy her work availability
requirement, Tammy is not required to be able and willing to immediately take up
work. She must, however, be able and willing to attend an interview on 48 hours'
notice and take up paid work on one month's notice. If Tammy is not able and willing
to do this then she does not satisfy the work availability requirement. George is
required to be able and willing immediately to take up work.

Example 2

Sally lives with her mother. Sally's mother is elderly and is becoming quite forgetful
and frail. She needs Sally's help occasionally through the day. Sally usually cooks
her mother's meals and accompanies her if she has to go anywhere. She also helps
her mother in dealing with any official communications, for example, sorting out
doctor's appointments and completing benefit forms. Sally's adviser has agreed that
Sally does not need to be able and willing to immediately take up paid work. Instead
she only needs to be able to take up paid work given a month's notice and to attend
an interview given 48 hours notice. This is recorded on Sally's claimant
commitment. Sally is a relevant carer and satisfies the work availability requirement.

R4144

R4145 Voluntary work

Where the
1. claimant is doing voluntary work and
2. Secretary of State is satisfied that as a result the claimant needs
2.1
a period of up to one week to take up paid work or
2.2 up to 48 hours to attend an interview in connection with obtaining paid
work and
3. claimant is able and willing to
3.1 take up paid work or
3.2
attend an interview on being given notice as in 2.1 or 2.2
then the claimant is to be treated as having complied with a work availability requirement (1). Note: Voluntary work includes any work carried out for no payment. 1 JSA Regs 13, reg 13(4)

Example

Claire is the secretary of the local sports association. The work is unpaid. As part of
her voluntary duties, Claire is heavily involved in all aspects of the administration of
the sports association and is often at the club doing paperwork, attending meetings,
taking enquiries and tidying up. In addition, Claire helps run the local junior football
league. Claire says that, although she can't always immediately take up paid work
due to commitments to the sports association, she could attend a job interview if
given the appropriate notice of up to 48 hours and take up paid work if given the
appropriate notice of up to a week. Claire does comply with a work availability
requirement.

[R4146-R4149]

R4150 Employed under a contract of service

Where the claimant is
1. employed under a contract of service and
2. required to give notice to end their contract
2.1 under relevant legislation (1) or
2.2 under the contract of employment and
3. able and willing to take up paid work once the notice period has expired and
4. able and willing to attend an interview on being given 48 hours notice
then the claimant is to be treated as having complied with a work availability
requirement (2).
1 ER Act 96, s 86; 2 JSA Regs 13, reg 13(5)

Example

Chris works 10 hours a week for a supermarket. He is not immediately available for
other paid work because under his contract of employment Chris is required to give
one week's notice. However, he is willing and able to take up other paid work on the
expiry of this notice period. Chris is also able and willing to attend a job interview on
being given 48 hours' notice. Chris is treated as complying with a work availability
requirement so long as he is subject to his contract of employment.

[R4151-R4159]

Limitations on the work search and work availability requirement

R4160 Introduction

In certain circumstances limitations can be imposed on a claimant's
1. work search requirement and
2. work availability requirement (1).
1 JS Act 95, s 6D(4) & 6E(3)

R4161 Location

A work search requirement and a work availability requirement must be limited to
work that is in a location which would normally take the claimant a maximum of 90
minutes each way to travel from
1. home to the location and
2. the location to home (1).
Note: Travelling time includes the time spent waiting for transport connections after
the journey has started.

1 JSA Regs 13, reg 14(2)

R4162

When considering how long it would normally take to travel, regard should be given to
1. the claimant's normal method of transport
2. the availability of transport such as frequency of public transport and cover in
rural areas
3. any personal factors, for example a driving ban
4. impairments which may cause travelling independently between locations to
take longer than it would for someone without such an impairment.

Example

Martin has made a claim for JSA and is subject to all work-related requirements.
Although Martin has passed his driving test and has a driving licence, he has no car
and is reliant on public transport. Martin's work search and work availability
requirement must be limited to locations which would take him up to 90 minutes to
travel to each way by public transport.

R4163 Previous paid work R4164

A claimant who has previously carried out work
1. of a particular nature or
2. paid at a particular level
must have their work search requirement and work availability requirement limited to
work of that nature or level of pay (1).

1 JS Act 95, s 6D(5)(a) & (b) & s 6E(4)(a) & (b), JSA Regs 13, reg 14(3)

R4164

The period of limitation in R4163 applies
1. where the Secretary of State is satisfied that the claimant has reasonable
prospects of getting paid work with those limitation(s)1 and
2. for a period not exceeding three months from the date of claim (2).
1 JSA Regs 13, reg 14(3)(a); 2 reg 147(3)(b)

Example

Rennick has just claimed JSA after losing his job as a secondary school teacher.
Before he was made redundant, he was a main scale teacher with no leadership
responsibilities. On making his claim to JSA, Rennick informed Jobcentre Plus that
he wanted to remain in the teaching profession at the same level as he had been
before his redundancy. There are a number of secondary schools within 1.5 hours
travelling distance of where Rennick lives. Rennick's adviser is satisfied that
Rennick has reasonable prospects of returning to work as a main scale teacher and
so Rennick's work search and work availability requirement are limited to that
profession for a period of three months from the date of claim to JSA.

R4165 Physical and mental impairments

A claimant who demonstrates that
1. they have a
1.1 physical or
1.2 mental impairment and
2. their ability to carry out work
2.1 of a particular nature or
2.2 in particular locations
is substantially adversely affected due to the impairment, must not have a work
search requirement or work availability requirement related to work of that nature or
in those locations (1).
1 JSA Regs 13, reg 14(4)

[R4166-R4169]

R4170 Expected hours of work

If a claimant has limited their expected hours of work on the grounds of
1. being a relevant carer or
2. being a responsible carer or
3. having a physical or mental impairment
then their work search requirement and work availability requirement must be limited
to the same number of hours per week (1). R4062 et seq provides guidance on the
exceptions to the expected number of hours of work.
1 JSA Regs 13, reg 14(5)

Example

Chloe is the responsible carer for her son, Jim who is aged 14. As a result of having
to care for Jim, Chloe's agreed expected weekly hours of work are 30. Chloe's work
search and work availability requirement are therefore also limited to 30 hours a
week of paid work. Chloe need only be available for paid work of 30 hours a week
and need only spend 30 hours a week searching for this work.

[R4171-R4179]

Imposition of work-related requirements

R4180 Claimants with no requirements imposed on them: domestic violence R4182 S8073

In certain circumstances a claimant who has been a recent victim of domestic
violence cannot have any work-related requirements imposed on them and any
existing requirement ceases. A recent victim of domestic violence means a person
who has had domestic violence
1. threatened or
2. inflicted upon them in the last six months (1).

1 JSA Regs 13, reg 15(2)

R4181

The domestic violence has to have been inflicted or threatened against the claimant
by the (1)
1. claimant's
1.1
partner or
1.2
former partner if the claimant is no longer a member of a couple or
2. claimant's
2.1 grandparent
2.2 grandchild
2.3 parent
2.4
parent-in-law
2.5 son
2.6
son-in-law
2.7 daughter
2.8
daughter-in-law
2.9
step-parent
2.10 step-son
2.11 step-daughter
2.12 brother
2.13 step-brother
2.14 brother-in-law
2.15 sister
2.16 step-sister
2.17 sister-in-law.
Note: For any of the people listed at 2.1 to 2.17. this also includes their partner if
they are a member of a couple.
1 JSA Regs 13, reg 15(3)(a) & (4)

R4182 Definitions

In paragraphs R4180 to R4191 a number of terms are defined.

R4183 Domestic violence

Domestic violence means (1) any incident or pattern of incidents of controlling
behaviour, coercive behaviour or abuse including (but not limited to)
1. psychological abuse
2. physical abuse
3. sexual abuse
4. emotional abuse 5 financial abuse
regardless of the gender or sexuality of the victim. The Appendix to this Chapter provides examples of domestic abuse. Note 1: Coercive behaviour means (2) an act of assault, humiliation, intimidation or other abuse that is used to harm, punish or frighten the victim. Note
2: Controlling behaviour means (3) an act designed to make the victim
subordinate or dependent by isolating them from sources of support, exploiting their
resources and capacities for personal gain, depriving them of the means needed for
independence, resistance or escape or regulating their everyday behaviour.
1 JSA Regs 13, reg 15(5); 2 reg 15(5); 3 reg 15(5)

Example 1

Abdul and Gita are married. Gita threatens Abdul with a kitchen knife during an
argument after Abdul tells her that he wishes to give up work and return to
education. She doesn't actually use the knife but it is intended to frighten Abdul.
This is an example of coercive behaviour.

Example 2

Susan is married to Jim. Jim does not allow Susan to contact her parents or other
members of her family. Jim tells Susan that she cannot communicate with them in
any way unless he gives her permission. This is an example of controlling behaviour
because Jim is isolating Susan from a source of support.

[R4184]

R4185 Health care professional

In R4186 a HCP means (1) a person who is a member of a profession regulated under
relevant legislation (2).
1 JSA Regs 13, reg 15(5) ; 2 National Health Service Reform and Health Care Professions Act 2002, s 25(3)

R4186 Person acting in an official capacity R4185

A person acting in an official capacity means (1)
1. a HCP
2. a police officer
3. a registered social worker
4. the claimant's employer
5. a representative of the claimant's trade union
6. any public, voluntary or charitable body which has had direct contact with the
victim in connection with domestic violence.
1 JSA Regs 13, reg 15(5)

R4187 Registered social worker

Registered social
worker
means (1) a person registered as a social worker on a
register maintained by the
1. Health and Care Professions Council
2. Care Council for Wales
3. Scottish Social Services Council
4. Northern Ireland Social Care Council.
1 JSA Regs 13, reg 15(5)

R4188 Victims of domestic violence R4189 R4190

Where a claimant who has recently been a victim of domestic violence then
1. any requirement imposed on them ceases to have effect for a period of 13
consecutive weeks (1) and
2. the Secretary of State must not impose any other requirement on that
claimant during that 13 week period (2).

1 JSA Regs 13, reg 15(1)(a); 2 reg 15(1)(b)

R4189

The 13 week period in R4188 1. begins on the date that the claimant notified the
Secretary of State of the threatened or inflicted domestic violence (1).

1 JSA Regs 13, reg 15(1)(a)

R4190 R4191 R4191 S8053

In order for the easement in R4188 to apply, the claimant
1. must notify the Secretary of State in the specified manner that domestic
violence has been
1.1 inflicted on or
1.2 threatened against
them during the period of six months ending on the day of the notification (1)
and
2. must not have had the benefit of the easement for a period of 12 month
period immediately prior to the date of the notification (2) and
3. must not on the date of the notification be living at the same address as the
person who inflicted or threatened the domestic violence (3) and
4. must provide evidence as soon as possible (and no later than one month from
the date of the notification) from a person acting in an official capacity that
shows that
4.1 their circumstances are consistent with having had domestic violence
inflicted or threatened against them during the six month period ending
on the date of the notification and
4.2 they made contact with the person acting in an official capacity
regarding the incident during the six month period (4).

1 JSA Regs 13, reg 15(3)(a); 2 reg 15(3)(b); 3 reg 15(3)(c); 4 reg 15(3)(d)

R4191 R4182

In order for the full 13 week easement to apply, evidence must be supplied within
the timescale described in R4190 4.. If evidence is not supplied within this limit then
the easement ends after one month after the claimant notifies the Secretary of State
as in R4190 1..

Example 1

Henry is in receipt of JSA and is in the all work-related requirements group. He
notifies the Jobcentre that his partner Tony attacked him in their home and that the
police are dealing with the incident. Henry and Tony share the same house and
neither intends to move out. The DM refuses to lift the work-related requirements
imposed on Henry because at the date of the notification Henry was living at the
same address as Tony.

Example 2

Andi is in receipt of JSA. She reports to the Jobcentre on 1.7.13 that her then
partner physically attacked her two weeks earlier and that he has now moved out of
the family home. The DM determines that the work-related requirements imposed
on Andi do not apply for four weeks from 1.7.13 to 31.7.13 (both dates inclusive).
Andi must also supply before 1.8.13 evidence from a person acting in an official
capacity that demonstrates that her circumstances are consistent with her
notification of 1.7.13. If this is done then no work-related requirements can be
imposed on Andi for a further nine weeks the period 1.8.13 to 29.9.13. Therefore,
the total easement, if evidence is supplied, is 13 weeks.

R4192 Circumstances in which requirements must not be imposed R4193

In certain circumstances the Secretary of State must not impose a work search
requirement on claimants (1) and any existing requirements cease for as long as the
circumstances apply (2). So long as those circumstances apply then the claimant also
does not have to be able and willing to immediately take up work or attend an
interview (3).

1JSA Regs 13, reg 16(1)(a);2 reg 16(2); 3 reg 16(1)(b)

R4193

The circumstances where R4192 applies are where
1. the claimant is attending a court or tribunal as a party to any proceedings or
as a witness (1)
2. the claimant is temporarily absent from GB for a period not expected to (and
does not) exceed six months because they are (2)
2.1 taking their child outside GB for medical treatment or
2.2 attending a job interview outside GB or
2.3 receiving medical treatment outside GB
3. it is within six months of the death of (3)
3.1 the claimant's partner, where the claimant was the member of a couple
or
3.2 a child for whom the claimant or their partner is responsible for or
3.3 a child of whom the claimant is the parent
4. the claimant is receiving and participating in a structured recovery orientated
course of
4.1 alcohol or
4.2 drug
dependency treatment for a period of up to six months (4)
5. the claimant is under protection due to their involvement in investigations or
proceedings for a period of up to three months (5).
1 JSA Regs 13, reg 16(3)(a); 2 reg 16(3)(b); 3 reg 16(3)(c); 4 reg 16(3)(d); 5 reg 16(3)(e);
Serious Organised Crime and Police Act 2005, s 82

R4194 Attending a court or tribunal

Where the claimant attends a court or tribunal as a
1. party to the proceedings or
2. witness
then a work search requirement must not be imposed and the claimant also does
not have to be able and willing to immediately take up work or attend an interview (1).
Tribunal means any tribunal listed in specific legislation (2).
Note: A party to the proceedings in 1. includes defendants, appellants and
respondents.
1 JSA Regs 13, reg 16(3)(a); 2 reg 16(6); Tribunal and Inquiries Act 1992, Sch 1

[R4195-R4196]

R4197 Temporarily absent from GB

Where a claimant is temporarily absent from GB solely because they are
1. taking their child outside GB for medical treatment or
2. attending a job interview outside GB or
3. receiving medical treatment outside GB
then a work search requirement must not be imposed and the claimant also does
not have to be able and willing to immediately take up work or attend an interview 1.

1 JSA Regs 13, reg 16(3)(b)

R4198

Guidance on deciding on whether an absence is temporary can be found ADM
Chapter C3.

R4199

R4200 Within six months of a death

Where it is within six months of the death of
1. the claimant's partner (1) or
2. a child or qualifying young person (2) for whom the
2.1
claimant or
2.2
claimant's partner is responsible
or
3. a child, for whom the claimant is the parent (3)
a work search requirement must not be imposed and the claimant also does not
have to be able and willing to immediately take up work or attend an interview.

1 JSA Regs 13, reg 16(3)(c)(i); 2 reg 99(3)(c)(ii); 3 reg 99(3)(c)(iii)

R4201

A child means (1) a person aged under 16.

1 JS Act 95, s 35(1)

[R4202]

R4203 Structured recovery orientated course

For a period of up to six months a claimant who is receiving and participating in a
structured recovery orientated course of
1. alcohol or
2. drug addiction
treatment (1) cannot have a work search requirement imposed on them and
the claimant also does not have to be able and willing to immediately take up work
or attend an interview.
Note: Where the course is for more than six months, R4203 only applies for the first
six months.
1 JSA Regs 13, reg 16(3)(d)

R4204 Protection of persons involved in investigations and proceedings

For a period of up to three months a work search requirement cannot be imposed
on a claimant who is under protection whilst involved in criminal investigations or
proceedings (1). The claimant also does not have to be able and willing to immediately
take up work or attend an interview.
Note: Where the arrangements are for more than three months, R4204 only applies
for the first three months.
1 JSA Regs 13, reg 16(3)(e)

Example

Joe has provided the police with information relating to a gang that he was an
associate of. The gang is believed by the police to be involved in criminal activity.
The police also believe that, as a result of providing this information, Joe is at risk
from intimidation and attack by gang members. The police have therefore arranged
for Joe to be placed under protection. For a period of up to three months whilst
these arrangements are in place, a work search and a work availability requirement
cannot be imposed on Joe.

R4205

The protection arrangements have to be made by a provider under relevant
legislation (1).
1 Serious Organised Crime and Police Act 2005, s 82

[R4206-R4215]

R4216 Unreasonable to comply with a work search or work availability requirement

Where the Secretary of State is satisfied that it would be unreasonable for the
claimant to comply with a work search or work availability requirement (including
one that has been limited) because the claimant is
1. responsible for
caring for a child on a temporary basis (1) or
2. subject to temporary circumstances (2) or
3. carrying out a public duty (3) or
4. carrying
out (4)
4.1
a work preparation requirement or
4.2
voluntary work preparation
then the claimant cannot have a work search requirement imposed on them and any
work search requirement that has previously been imposed must come to an end.
The claimant also does not have to be able and willing to immediately take up work
or attend an interview
1JSA Regs 13, reg 16(4)(a); 2 reg 16(4)(b); 3 reg 16(4)(c); reg 16(4)(d)

R4217 Temporary child care responsibilities

Where the claimant has temporary child care responsibilities then the claimant does
not have to comply with a work search requirement if it would be unreasonable to do
so. The claimant also does not have to be able and willing to immediately take up
work or attend an interview (1).
1 JSA Regs 13, reg 16(4)(a)

Example

Linda is subject to a work availability requirement that is not limited which means
she has to be able and willing immediately to take up paid work. Her sister has been
rushed into hospital. Whilst her sister is in hospital, Linda is looking after her 12 year
old niece because there is nobody else to look after her. Linda will be looking after
her niece until her sister is discharged from hospital. Whilst Linda is looking her
niece, she is not required to comply with her work availability requirement and no
work search requirement can be imposed.

R4218 Temporary circumstances R4042

Where the claimant is subject to temporary circumstances then the claimant does
not have to comply with a work search requirement if it would be unreasonable to do
so. The claimant also does not have to be able and willing to immediately take up
work or attend an interview (1). R4071 provides guidance on temporary
circumstances.
1 JSA Regs 13, reg 16(4)(b)

Example 1

Charlotte is subject to a work availability requirement that is not limited which means
she has to be able and willing immediately to take up paid work. Her daughter Chloe
has been excluded from school until further notice following an incident. Chloe is to
remain away from school until the incident has been investigated. Despite every
effort, Charlotte has been unable to sort out other arrangements to look after Chloe
and so has to be at home with her. Whilst Chloe is excluded from school, Charlotte
is not required to comply with her work availability requirement to be able and willing
immediately to take up paid work and no work search requirement can be imposed.

Example 2

Sally is subject to a work availability requirement that is not limited which means she
has to be able and willing immediately to take up paid work. Following an argument
with her parents, Sally has been told to leave the family home. She has nowhere to
go and has been sleeping rough whilst trying to find somewhere to live. She has
now been given a place in a direct access hostel until something more permanent
can be found. Whilst Sally is dealing with this temporary circumstance, she is not
required to comply with her work availability requirement to be able and willing
immediately to take up paid work and no work search requirement can be imposed.
This will continue to be the case until Sally has moved out of the direct access hotel
but should be reviewed on a regular basis. The requirements should not normally be
lifted for more than a month.

R4219 Carrying out a public duty

Whilst the claimant is engaged in carrying out a public duty then the claimant does
not have to comply with a work search requirement if it would be unreasonable to do
so. The claimant also does not have to be able and willing to immediately take up
work or attend an interview (1).

1 JSA Regs 13, reg 16(4)(c)

R4220

Examples of public duties include
1. volunteer firefighters
2. lifeboat volunteers
3. special
constables.

R4221 Work preparation requirement and voluntary work preparation

Whilst the claimant is engaged in carrying out a
1. work preparation requirement or
2. voluntary work preparation
then the claimant does not have to comply with a work search requirement if it
would be unreasonable to do so. The claimant also does not have to be able and
willing to immediately take up work or attend an interview (1)

1 JSA Regs 13, reg 16(4)(d)

[R4222]

R4040et seq provides guidance on the work preparation requirement.

R4223

Voluntary work preparation is action taken by the claimant and agreed by the
Secretary of State for the purpose of making it more likely they will obtain paid work
but which has not been specified by the Secretary of State as part of a work
preparation requirement (1).
1 JSA Regs 13, reg 4(1)

Example

As part of a voluntary work preparation requirement, Danny is doing a week's
jobshadowing at an accountancy firm. This has been agreed with his adviser
because Danny wants to work in accountancy. Whilst performing this jobshadow,
Danny is not required to comply with his work availability requirement to be able and
willing immediately to take up paid work and no work search requirement can be
imposed.

[R4224-R4229]

R4230 Unfit for work

Where a claimant
1. is unfit for work
1.1 for a maximum of 14 consecutive days from the date that evidence in 2.
is provided and
1.2 for no more than two periods in any period of 12 months and
2. provides
2.1 for the first 7 days of when they are unfit for work, a self-certificate and
2.2 for any further days, a doctor's note
then a work-search requirement cannot be imposed on the claimant (1) and any work
search requirement that has previously been imposed must come to an end. The
claimant also does not have to be able and willing to immediately take up work or
attend an interview.
1 JSA Regs 13, reg 16(5)

Example

Les is in receipt of JSA. He provides a self-certificate to say that he is unfit for work
due to `flu for five days. The work-related requirements that Les was subject to no
longer apply so long as he is within the period covered by the self-certificate.

[R4231-R4999]

Appendix
Examples of domestic abuse
1
Victims of domestic violence are not confined to one gender or ethnic group.
Domestic violence can encompass, but is not limited to, the following types of
abuse.
Psychological
Includes intimidation, insulting,
isolating a person from friends and
family, criticising, denying the abuse,
treating a person as an inferior,
threatening to harm children or take
them away, forced marriage.
Physical
Includes shaking, smacking,
punching, kicking, presence of finger
or bite marks, starving, tying up,
stabbing, suffocation, throwing things,
using objects as weapons, genital
mutilation, "honour violence".
Physical effects are often in areas of
the body that are covered and hiddent
(i.e. breasts, legs or stomach).
Sexual
Includes forced sex, forced
prostitution, ignoring religious
prohibitions about sex, refusal to
practise safe sex, sexual insults,
sexually transmitted diseases,
preventing breastfeeding.
Emotional
Includes swearing, undermining
confidence, making racist remarks,
making a person feel unattractive,
calling a person stupid or useless,
eroding a person's independence.
Financial
Includes not letting a person work,
undermining efforts to find work or
study, refusing to give money, asking
for an explanation of how every penny
is spent, making a person beg for
money, gambling, not paying bills.