§ Mr. HinchliffeTo ask the Secretary of State for Social Security if a person unable to claim incapacity benefit as a result of the all-work test will be able to claim the jobseeker's allowance for the first 13 weeks without pursuing employment opportunities away from their recognised past employment; and if he will make a statement. [10257]
§ Mr. Roger EvansA person claiming jobseeker's allowance after being found capable of work under the all-work test is subject to the same conditions of entitlement as other jobseekers. A person may restrict his availability to his usual occupation for a "permitted period" of up to 13 weeks. Whether he has a usual occupation is a question of fact which may have to be determined by an independent adjudication officer. If he is no longer capable of carrying out that previous
220Woccupation, this is likely to have a bearing on whether he is regarded as having a usual occupation for jobseeker's allowance.
Someone who has physical or mental difficulties can restrict his availability in any way, provided that his restrictions are reasonable in the light of those difficulties.