Other benefits

To get income-based Jobseeker’s Allowance, you must sign a Jobseeker’s Agreement. You must also be capable of work, available for work and actively seeking work.

You'll discuss and sign the Jobseeker’s Agreement with an employment officer at a Jobcentre Plus, and you'll be given a copy. The Agreement will contain details such as:

• the type of job you're looking for
• the total number of hours you're available to work each day (this is called a pattern of availability)
• any restrictions you want to place on your job search (for instance, because you're a part-time carer)
• the level of pay you're looking for and the distance you're willing to travel

The Agreement also defines the steps you'll take to seek work (see Actively seeking work, below), and the other action you'll take to improve your chances of getting work, such as seeking training.

Keep a record of what you do to seek work, including applications, interviews and training. This will help show that you're keeping to the Agreement and that you're available for and actively seeking work. You can refer to this when you sign on or have interviews at Jobcentre Plus.

You can be treated as having signed an Agreement for short periods where there are delays caused by unusual circumstances. This could be because of a strike at Jobcentre Plus or because you're signing on at the end of a training course during which you didn't have to be available for work.

Disputes about Jobseeker’s Agreements

The Agreement is only valid if both you and the employment officer have signed it. The employment officer may not sign the Agreement if they feel you're unreasonably restricting your search for work. If you and the employment officer can't agree on the terms of the Agreement, it will be referred to a decision maker at Jobcentre Plus. This process may delay your claim.

Instead of risking a delay, you might wish to sign the Agreement and abide by its terms, but you may ask (in writing, giving your reasons) to change it. This again requires an Agreement between you and the employment officer. Proposed changes can also be referred to a decision maker. The existing Agreement remains in place while this is done. You can ask to change the Agreement at any time, and Jobcentre Plus can also suggest changes at any time.

Your Jobseeker’s Agreement will usually come into force from the start of your benefit claim. If there is a dispute, however, the Agreement could be backdated by the decision maker to a date that they feel is reasonable in the circumstances.

If a new Agreement is produced, you need to sign it within 21 days or your benefit could be stopped. You can appeal against a decision maker’s decision.

If your claim is delayed or refused because you haven't signed a Jobseeker’s Agreement, you may be able to get hardship payments.

To get income-based Jobseeker’s Allowance, you must be capable of work. If you have an illness or disability which means you're not capable of work, claim Employment and Support Allowance instead.

However, it's possible to claim income-based Jobseeker’s Allowance if you're ill or disabled. In this situation, you may be allowed to place restrictions on your availability for work, the type of work you're seeking and the hours of work you're able to do. These will reflect your physical and mental health. For more information, see Possible restrictions, below.

If you have a severe disability, you may be asked to show that you've undertaken education or training to prepare for work before you can be accepted as capable of work. You may also have to show that your illness or disability hasn't worsened since you did the training.

Temporarily illness

You can be treated as capable of work and still get benefit even if you're temporarily ill and unable to work.

• If you're sick, you can be treated as capable of work for up to two weeks. This is only allowed twice in a single job-seeking period (the time when you meet the basic income-based Jobseeker’s Allowance rules), or twice in a 12-month period if you have been claiming Jobseeker’s Allowance for over a year. If you're sick for a longer time or more frequently, you should claim Employment and Support Allowance.
• You may be treated as capable of work if you go abroad temporarily to get certain types of NHS hospital treatment. There is no time limit on this. This only applies if you live in England or Wales.

If you're temporarily ill, contact Jobcentre Plus for further advice. You'll need to fill in special forms.

If you were previously claiming a different benefit

If you become ill and you were previously claiming Incapacity Benefit, Severe Disablement Allowance, Statutory Sick Pay or Income Support, you should go back onto that benefit if fewer than eight weeks have gone by since that claim ended. If you were claiming Employment and Support Allowance, you should go back onto that benefit if fewer than 12 weeks have gone by.

If you were getting Incapacity Benefit, Severe Disablement Allowance or Income Support because of incapacity for work, but your benefit has been stopped because Jobcentre Plus now says you're capable of work, you can claim income-based Jobseeker’s Allowance and you will be accepted as capable of work. If you have appealed against the decision, you will still be accepted as capable of work, and the fact that you have claimed income-based Jobseeker’s Allowance will not prejudice your appeal.

You will still have to show that you are available for work and actively seeking work, but you may be able to place restrictions on these, in accordance with your illness or disability. If your condition worsens significantly or you have a new illness or disability, you can claim Employment and Support Allowance.

To get income-based Jobseeker’s Allowance, you have to be available for work. This means that you must be willing and able to take up employment of at least 40 hours a week immediately.

However, there are some circumstances when Jobcentre Plus may treat you as available for work for short periods, even if you’re not available, so you’ll still be able to receive benefit. These circumstances include:

• If you have agreed a pattern of availability with Jobcentre Plus at the beginning of your claim, until your first signing-on date.
• If you're in the last week of your claim (with some exceptions).
• If you're sick and treated as capable of work (see Capable of work, above).
• If you're a lone parent, you may be treated as available for work during school holidays or other school closures, or when a child is excluded from school. This is only the case if it would be unreasonable for you to make other childcare arrangements.
• If you're laid off or short-time working, provided you're available to take casual work to top up your hours to at least 40 a week and you're prepared to return to your main job as soon as possible. This only applies for 13 weeks. After this, you'll have to show that you still have reasonable prospects of employment if you continue to restrict your availability.
• If you're a lone parent who has been laid off from work and you will resume your normal employment as soon as it's available and meanwhile you will take up any casual employment that is within daily travelling distance of your home with 28 days’ notice.
• If you're a full-time student on an employment-related course and Jobcentre Plus has agreed to this. This is limited to up to two weeks every 12 months.
• If you're looking after your child while your partner is temporarily absent from the UK, you're temporarily looking after a child because the usual carer is ill or temporarily away from home, or you're looking after a member of your family who is ill. This is limited to eight weeks.
• If you're involved in court or tribunal proceedings for up to eight weeks.
• If you're temporarily detained in police custody for up to 96 hours.
• If you've been discharged from prison for one week from the date of your release.

It's also possible to be treated as available for work if you have to be away from home or there is an emergency. For more information, see Absences and emergencies, below.

There are also circumstances in which you can place restrictions on your availability, for example if you're a part-time carer. These restrictions mean that you don't have to be available for work right away. See the section on possible restrictions, below, for more information.

Not available for work

Jobcentre Plus will treat you as not being available for work in the following circumstances, so you won’t be able to get income-based Jobseeker’s Allowance:

• you’re getting Maternity Allowance or Statutory Maternity Pay
• you’re on paternity or adoption leave
• you’re a prisoner on temporary release
• you’re a full-time student (although there are some exceptions in this case)

You may be able to get hardship payments in this situation. Alternatively, check if you qualify for another benefit.

To get income-based Jobseeker’s Allowance, you must be actively seeking work.

To prove that you're actively seeking work, you need to show that you're taking steps to seek employment. These include:

• looking for jobs (you can search for a job on your home computer, but keep a record of your searches and applications)
• making applications for jobs (in writing, by phone, online or in person)
• registering with employment agencies
• writing your CV
• getting a reference
• seeking information on employers and types of work
• getting specialist advice on improving your chances of finding work

When you sign on, you’ll be asked what steps you've taken to seek work, so it's important to keep a note of what you've done. You usually need to take at least three steps a week, unless it's reasonable in the circumstances for you to take fewer.

Your Jobseeker’s Agreement lists the steps that you have agreed on. These should take into account your individual circumstances. This will include:

• your skills and qualifications
• your past work experience
• how long you have been unemployed
• the availability of work
• your health
• any voluntary work you do and how this may help you find a job
• what training you might accept to improve your chances of finding work or help you overcome health or disability problems that prevent you finding work

It's possible to place restrictions on the steps you have to take, for example if you're a part-time carer or you're disabled.

Jobcentre Plus can ignore the steps you take to seek work if you harm your chances of getting a job because, for example, you deliberately spoil an application, deliberately wear inappropriate clothing to a job interview or deliberately behave in a way that discourages an employer from accepting you. This will not apply if the situation was beyond your control (for instance, if you have mental health problems).

Being treated as actively seeking work

In some circumstances, Jobcentre Plus may treat you as actively seeking work and you’ll still be able to get benefit without having to show that you’re taking steps to seek employment.

These are generally the same circumstances as when you can be treated as available for work (see above). However, there are some differences:

• In most cases, you're only treated as actively seeking work if the situation affects you for at least three days a week.
• You can also be regarded as actively seeking work if you're taking steps to become self-employed and you're on a government scheme which helps people to do this. This is for a maximum of 8 weeks.
• You may not be treated as actively looking for work if you are temporarily caring for a child.

It's also possible to be treated as actively seeking work in the case of absences and emergencies (see below).

To get income-based Jobseeker’s Allowance, you must be available for work and actively seeking work. However, if you’re away from home or dealing with an emergency, there are some circumstances in which Jobcentre Plus will treat you as being available for work and actively seeking work, so you’ll still be able to receive benefit.

You can be treated as available for work and actively seeking work if you’re away from home in the following situations:

• You can be away from home for a maximum of two weeks in total in any 12-month period. You can be away for any reason (including having a holiday in Great Britain).
• If you're blind, you can be away for a total of six weeks in any 12-month period. This is made up of a maximum of four weeks to attend a training course in using a guide dog (for at least three days a week), plus two weeks as above.
• You can also be away for three weeks in any 12-month period to attend an Outward Bound course for at least three days a week.

In any of these cases, if you’re away for longer, you'll have to show that you’re seeking work.

There are circumstances when you can be treated as available for work, but you’ll only be considered to be actively seeking work if the situation affects you for at least three days a week. If you’re affected for less than three days a week, you’ll still need to show that you’re taking steps to actively seek work. This applies to the following situations:

• You can be away from home for up to two weeks if you're at a residential work camp organised by a charity or local authority for the benefit of the community or the environment. You can be away for up to four weeks on a Venture Trust programme. You can do either of these once in 12 months.
• If you're on an Open University course, you can be away at a residential course for one week a year for every course you're taking.
• You can be absent from Great Britain to attend a job interview for up to one week.
• You can also be absent abroad for up to four weeks if you're with your partner and they're over 60 or disabled, and for up to eight weeks if you're with a child who's abroad for medical treatment.
• You can go on holiday within Great Britain only. You must tell Jobcentre Plus, and it must be possible to contact you with job offers, for example, while you're away. You must be willing to return immediately to take up work.
• You're allowed up to one week (but no more than four times in a year) to deal with a serious illness, a death or a funeral of a close relative or close friend, or for the death of the person you were caring for. The same allowance is made if you're dealing with an emergency affecting you, a close relative or a close friend.
• You're also allowed time for work done as a part-time fire-fighter, helping to run a lifeboat or taking part in an emergency action, such as searching for a missing person.

You must tell Jobcentre Plus if you're going to be away from home, or if you need to deal with an emergency. If you're going to be absent more than once, seek advice.

To get income-based Jobseeker’s Allowance, you're normally expected to seek work of at least 40 hours a week and be available for work immediately. However, it's possible to place restrictions on these requirements if, for example, you're a part-time carer or you have a disability. These restrictions should be part of your Jobseeker’s Agreement.

Restrictions on immediate availability for work

If you’re a carer, you should be given 48 hours’ notice of a possible job interview. You may also be able to ask for a week’s notice before taking up an offer of employment.

This applies if:

• you're a part-time carer for a close relative (this means your partner, a parent, step-parent, grandparent, son, step-son, son-in-law, daughter, step-daughter, daughter-in-law, brother, sister, grandchild or their partners)
• you're caring for a member of your household who's under 16 or over pension age, or who requires care due to a medical condition

You may be able to place restrictions on your availability for work for other reasons:

• If you're a lone parent, you can request 28 days’ notice before taking up employment or seven days’ notice to attend an interview.
• If you're doing voluntary work, you should be given 48 hours’ notice before having an interview and a week before beginning work.
• If you're doing part-time work, you can serve the notice required by your employer before taking up an offer of employment.
• You can ask for 24 hours’ notice before taking up an offer of employment if you have been providing a service, such as regularly giving someone a lift to work.

Restrictions to less than 40 hours a week

If you're a part-time carer, you may restrict your hours of work in accordance with your caring responsibilities, but you must be available for work for at least 16 hours a week. You must also show that you still have reasonable prospects of employment.

If your caring responsibilities mean you can't do this, you should claim Carer’s Allowance or Income Support instead.

It's also possible to restrict the working hours you're looking for if it's reasonable to do so due to a physical or mental condition. Your case may be referred to a disability employment adviser who can help you with problems relating to disability and work.

If you're a lone parent, you may be able to seek work of less than 40 hours a week if you can show that this is reasonable. However, you must be available to work 16 hours a week or more.

If you normally work full time but have been put on short-time hours, you can restrict your hours of work as long as:

• you intend to go back to your normal job as soon as possible
• you're available for casual work
• you're willing to take extra working hours that add up, with the work you're doing, to 40 hours a week

This provision lasts for 13 weeks.

Restrictions on type of work

You can place a restriction on the type of work you're seeking if it might affect your physical or mental condition. You can also refuse certain kinds of work if you have a sincerely held religious or conscientious objection to that work.

You can also ask for a permitted period in which to seek a job in your normal occupation. This is limited to 13 weeks and isn't allowed in all cases. Jobcentre Plus will take into account the skills and training you've acquired, the length of time you've been in such work and how long it's been since you left that occupation. You count as actively seeking work during a permitted period.

In all cases of restrictions, except those related to disability, you must also show that you still have reasonable prospects of employment, otherwise you could lose benefit.

To get income-based Jobseeker’s Allowance, you must be available for work and actively seeking work. Therefore, you can't normally claim if you're a full-time student. This applies until the end of your course, including vacations, or until you abandon the course or are dismissed from it. However, it's possible to study part time and still claim income-based Jobseeker’s Allowance.

You may be able to claim income-based Jobseeker’s Allowance if:

• You’re under 20 and in part-time, non-advanced education (less than 12 hours a week). Non-advanced education includes GCSE, A level and AS level, National Vocational Qualifications (NVQ) Level 3 and below. Some types of unpaid work-based training also count.
• You’re in part-time advanced education (less than 16 hours a week). Advanced education includes degree level or higher studies, Higher National Diplomas (HND), Higher National Certificates (HNC) and Ordinary National Diplomas (OND).
• You're over 25 and you're a full-time student on an employment-related course (including New Deal) that is approved by Jobcentre Plus (this applies for up to nine months).
• You're a couple, you're both full-time students, one of you is responsible for a child and the other meets all the rules for being available for work (this applies during the summer vacation only). It may also be possible to claim in similar circumstances if you're a lone parent.
• You're on a full-time employment-related course with the prior permission of Jobcentre Plus for up to two weeks or you're on a residential programme run by the Venture Trust for up to four weeks.
• You're waiting to go back on to a course at the end of an approved absence caused by illness or caring responsibilities.

You're also allowed time to attend residential Open University courses (see Absences and Emergencies, above).

You won’t be able to claim income-based Jobseeker’s Allowance if:

• You're under 19 and in full-time non-advanced education (more than 12 hours a week). You can't get income-based Jobseeker’s Allowance, but you may be able to claim Income Support instead.
• You're under 19 and in full-time advanced education.
• You’re 19 or older and you’re on any full-time course that isn’t listed above.

Full-time or part-time course?

If your course is government funded and based in England or Wales, it counts as full-time if you have more than 16 guided learning hours a week. In Scotland, your course is full-time if structured learning packages mean you do more than 16 hours of study a week. Otherwise, whether you're in full-time education depends on how your course is classed by the institution at which you’re studying.

Owing to the complexity of the rules, you may wish to take advice to see if someone else (such as your partner, or a parent or other adult if you're under 20) could claim for you.

You can do some part-time work and still claim income-based Jobseeker’s Allowance, but you can’t claim if you (or your partner) are classed as working full time.

Any earnings that you’re paid will also affect the amount of income-based Jobseeker’s Allowance you get. Find out more about how Jobseeker's Allowance is calculated.

You can continue to claim income-based Jobseeker’s Allowance while:

• You work part time, as long as you work less than 16 hours a week.
• Your partner (if you have one) works part time, as long as they work less than 24 hours a week.
• You (or your partner) are on a government training scheme and are being paid a training allowance.
• You (or your partner) are paid reasonable expenses to do voluntary work.
• You (or your partner) work as a part-time fire-fighter, a member of the Territorial Army or reserve forces, part of a lifeboat crew or an auxiliary coastguard.
• You (or your partner) perform duties as a local councillor.

If you do more than one job, your hours of work are added together. If your hours vary, Jobcentre Plus will work out an average. Regular overtime hours count towards the total, as do paid lunch hours and breaks. If you're a seasonal or term-time worker, seek further help and advice.

You can be regarded as working full time if you do work and expect to get paid for it, even if you don't actually receive any payment. If you're working for yourself, especially when you're trying to set up a business, seek help to check how these rules affect you.

If you normally work full time but you're on a recognised holiday, you usually can't claim income-based Jobseeker’s Allowance, even if the leave is unpaid. You'll be treated as being in full-time work if you're away from your employment without good cause or you're still in your notice period at the end of a job.