HC Deb 03 March 1997 vol 291 cc470-1W
Mr. Corbyn

To ask the Secretary of State for Education and Employment if, in the case of people refused incapacity benefit, her Department takes into account the information contained in the incapacity benefit application form regarding illness and incapacity, when applying the availability for work criteria to a claim for jobseeker's allowance. [17880]

Mr. Forth

A decision on incapacity benefit that a person is capable of work also applies to jobseeker's allowance. While a person may be capable of work, we recognise that some people's mental or physical condition may restrict the type of work for which they are available. That is why under JSA a person with a mental or physical condition may restrict their availability for work in any way, provided that those restrictions are reasonable in the light of their condition.

In determining what is reasonable the Employment Service may, in cases of doubt, require more information about a condition which restricts availability. The IB disallowance notice sets out the level at which a person has been assessed and the functional areas in which limitations were identified; the ES may request this information from the jobseeker and this is normally sufficient. In the few cases where additional information is required an independent adjudication officer may approach the Benefits Agency Medical Service for further information about the condition. ES staff do not, however, have access to IB application forms when assessing a person's availability for work.

Mr. Corbyn

To ask the Secretary of State for Education and Employment if fluctuating disability is taken into account under the jobseeker's allowance scheme when considering a person's availability for work. [17882]

Mr. Forth

Under the provisions of the jobseeker's allowance a person with a mental or physical condition may restrict their availability for work in any way, provided that those restrictions are reasonably in the light of their condition. In determining what is reasonable the employment adviser will consider all the relevant aspects of a person's condition, including whether it is a fluctuating disability.