5Matters which are to be taken into account in determining good cause
(1) In determining whether a person has, or does not have, good cause for failing to take action specified in a warning notice, the matters and circumstances which are to be taken into account include the following—
(a) any condition or personal circumstance of that person which indicates that taking the action specified in the warning notice would be likely to or did—
(i) cause significant harm to his health; or
(ii) subject him to excessive physical or mental stress;
(b) the person was suffering from some disease or bodily or mental disablement on account of which—
(i) he could not take the action specified in the warning notice;
(ii) taking the action specified in the warning notice would have put his health at risk; or
(iii) taking the action specified in the warning notice would have put at risk the health of other persons;
(c) whether the person misunderstood the requirement on him because of that person's learning, language or literacy difficulties or because of any misleading information contained in the warning notice;
(d) the fact that the failure to take the action in question resulted from a sincerely held religious or conscientious objection;
(e) any caring responsibilities which would, or did, make it unreasonable for the person to take the action in question;
(f) the fact that the person was attending court as a party to any proceedings, or as a witness or a juror;
(g) the fact that the person was arranging or attending the funeral of—
(i) his partner;
(ii) a close friend; or
(iii) a parent, step-parent, grandparent, parent-in-law, son, step-son, son-in-law, daughter, step-daughter, daughter-in-law, brother, sister, grand-child or, if one member of the preceding is a member of a couple, the other member of that couple;
(h) the fact that the person was engaged in—
(i) the manning or launching of a lifeboat; or
(ii) the performance of duty as a part-time fire-fighter employed by a fire and rescue authority;
(i) the fact that the person was required to deal with some domestic emergency;
(j) the fact that the person was engaged during an emergency in duties for the benefit of others;
(k) subject to paragraph (2), the time it took, or would normally take, for the person to travel to and from the place mentioned in the warning notice where the action in question was to have been taken by a route and means appropriate to his circumstances and to the action which was to have been taken;
(l) the expense which was, or would be, necessarily incurred by the person for the purposes of taking the action in question, together with the cost of travelling to and from the place mentioned in the warning notice where the action in question was to have been taken by a route and means appropriate to his circumstances and to the action which was to have been taken;
(m) any difficulty with the person's normal mode of transport and whether there was any reasonable available alternative;
(n) whether the person was attending a medical or dental appointment, or accompanying a person for whom the person has caring responsibilities to such an appointment, and whether it would have been unreasonable, in the circumstances, to rearrange the appointment;
(o) whether the person was unable to take the action in question because of his employment responsibilities; and
(p) whether the person was searching for or moving to a suitable dwelling to occupy as his home.
(2) The time it took, or would normally take, for the person to travel to and from the place mentioned in the warning notice where the action in question was to have been taken may only be taken into account if the time is more than one hour and thirty minutes each way unless, in view of his health or caring responsibilities, that time was or is unreasonable.
(3) In this regulation—
(a) “caring responsibilities” means responsibility for caring for a child or for an elderly person or for a person whose physical or mental condition requires him to be cared for, who is either in the same household or a close relative;
(b) “elderly person” means a person of over pensionable age;
(c) “employment responsibilities” means—
(i) attending an interview for employment;
(ii) carrying out employed earner's employment; or
(iii) carrying out self-employed earner's employment.
(d) “partner” means—
(i) where a claimant is a member of a couple, the other member of that couple;
(ii) where a claimant is polygamously married to two or more members of his household, any such member.
Specified date: 1 November 2007 (these Regulations cease to have effect on 31 October 2009 unless revoked with effect from an earlier date): see reg 1.