HC Deb 17 October 1995 vol 264 cc241-2W
Dr. Lynne Jones

To ask the Secretary of State for Education and Employment what guidance and instructions apply in respect of people deemed capable of work under the all-work test when such people are unable to work full time as defined by the availability for work regulations. [37026]

Mr. Forth

Responsibility for the subject of the question has been delegated to the Employment Service agency under its chief executive. I have asked him to arrange for a reply to be given.

Letter from M. E. G. Fogden to Dr. Lynne Jones, dated 17 October 1995: The Secretary of State has asked me to reply to your question about what guidance and instructions apply in respect of people deemed capable of work under the all work test when such people are unable to work full time as defined by the availability for work regulations.

It may help if I explain that the receipt of unemployment benefits is conditional upon a person being available for and actively seeking employment. This means that they must be available to start work immediately; must not place such restrictions on the work they are willing to do which would leave them with no real prospects of finding a job and must take those steps, each week, which offer them their best prospects of obtaining work.

Unemployed clients are not required to work full-time. Indeed there is no definition of "full-time" in the unemployment benefit regulations. However they must be available to work some hours every day they claim benefit.

If a client imposes restrictions on any of the conditions of employment they are willing to accept, they may nevertheless satisfy the availability for work condition provided they have reasonable prospects of getting a job within those restrictions. However, if a client with health problems or disability imposes restrictions, and those restrictions are reasonable in view of their physical and, or, mental condition, they do not have to satisfy the requirement of having reasonable prospects.

People who have been deemed capable of work as a result of the all work test for incapacity benefit and who subsequently claim unemployment benefits, are seen by one of my client advisers. I recognise that people who have been taken off incapacity benefit may need specialist help to get back to work. In addition to the extra programmes and opportunities introduced for these clients, I have also issued my advisers with additional guidance to help them understand the problems faced by these clients, many of whom will have been out of the labour market for some time. As well as informing clients about jobs and other opportunities open to them, my people will agree with them the type of work they can reasonably be expected to do. My advisers will also explain the availability and actively seeking employment conditions and advise clients what they must do in order to satisfy these conditions.

If an adviser decides that a client needs more specialised help, they may refer them to a Disability Employment Adviser who is specially trained to advise people with health problems or disability which may affect their ability to get, and hold down, a job.

I hope this is helpful.