HC Deb 26 June 1995 vol 262 cc583-4

Lords amendment: No. 6, to leave out clause 6 and insert the following new clauses—Availability for employment—

  1. (".—(1) For the purposes of this Act, a person is available for employment if he is willing and able to take up immediately any employed earner's employment.
  2. (2) Subsection (1) is subject to such provisions as may be made by regulations; and those regulations may, in particular, provide that a person—
    1. (a) may restrict his availability for employment in any week in such ways as may be prescribed; or
    2. (b) may restrict his availability for employment in any week in such circumstances as may be prescribed (for example, on grounds of conscience, religious conviction or physical or mental condition or because he is caring for another person) and in such ways as may be prescribed.
  3. (3) The following are examples of restrictions for which provision may be made by the regulations—
    1. (a) restrictions on the nature of the employment for which a person is available;
    2. (b) restrictions on the periods for which he is available;
    3. (c) restrictions on the terms or conditions of employment for which he is available;
    4. (d) restrictions on the locality or localities within which he is available.
  4. (4) Regulations may prescribe circumstances in which, for the purposes of this Act, a person is or is not to be treated as available for employment.
  5. (5) Regulations under subsection (4) may, in particular, provide for a person who is available for employment—
    1. (a) only in his usual occupation,
    2. (b) only at a level of remuneration not lower than that which he is accustomed to receive, or
    3. (c) only in his usual occupation and at a level of remuneration not lower than that which he is accustomed to receive, to be treated, for a permitted period, as available for employment.
  6. (6) Where it has been determined ("the first determination") that a person is to be treated, for the purposes of this Act, as available for employment in any week, the question whether he is available for employment in that week may be subsequently determined on a review of the first determination.
  7. (7) In this section "permitted period", in relation to any person, means such period as may be determined in accordance with the regulations made under subsection (4).
  8. (8) Regulations under subsection (4) may prescribe, in relation to permitted periods—
    1. (a) the day on which any such period is to be regarded as having begun in any case;
    2. (b) the shortest and longest periods which may be determined in any case;
    3. (c) factors which an adjudication officer may take into account in determining the period in any case.
  9. (9) For the purposes of this section "employed earner's employment" has the same meaning as in the Benefits Act.

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