Availability for Work
In order to receive Jobseekers Allowance (JSA) one of the conditions as specified in 1(2)(a) of the Jobseekers Act 1995 is to be available for employment. What to be “available for employment” is defined here.
available for employment
The definition of being “available for employment” is:
- Not having any work or executing any other activities or plans in particular pre-planned (exceptions can include going to court, hospital, doctor or dentist) that would render you unable to work; being in custody normally makes you unavailable for work regardless of the time, duration of stay or whether you are released without charge (i.e. being innocent).
- Not having a disability or illness (including short term sickness) that would prevent you from working; there is an easement of two periods of up to 2 weeks each that are not consecutive, in a 12 month period.
- Being able to accept an offer of instantaneous employment immediately (even theoretically) or being able to commence employment within the agreed timescales on your Jobseekers Agreement (JSAg) – whatever is highest.
The law
1 The jobseeker’s allowance
(1) An allowance, to be known as a jobseeker’s allowance, shall be payable in accordance with the provisions of this Act.
(2) Subject to the provisions of this Act, a claimant is entitled to a jobseeker’s allowance if he—
(a) is available for employment;
(b) has entered into a jobseeker’s agreement which remains in force;
(c) is actively seeking employment;
(d) satisfies either—
(i) the conditions set out in section 2; or
(ii) the conditions set out in section 3;
(e) is not engaged in remunerative work;
(f) is capable of work;
(g) is not receiving relevant education;
(h) is under pensionable age; and
(i) is in Great Britain.
