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PART IIE+W+SCONDITIONS OF ENTITLEMENT

[F1Prescribed categories of personE+W+S

4ZA.—(1) Subject to the following provisions of this regulation, a person to whom any paragraph of Schedule 1B applies falls within a prescribed category of person for the purposes of section 124(1)(e) of the Contributions and Benefits Act (entitlement to income support).

(2) Paragraph (1) does not apply to a [F2full-time student] during the period of study.

(3) A [F2full-time student] during the period of study falls within a prescribed category of person for the purposes of section 124(1)(e) of the Contributions and Benefits Act only if—

F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)paragraph 1, 2, F4... 11, F4... [F515A,] or 18 of Schedule 1B applies to him; F3...

[F6(c)any other paragraph of Schedule 1B applies to him and—

(i)in the case of a person with a partner, the partner is also a full-time student and either he or his partner is treated as responsible for a child or young person, or

(ii)in any other case, he is treated as responsible for a child or young person,

but this provision applies only for the period of the summer vacation appropriate to his course; F7...]

F7(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8(3A) Paragraph (1) does not apply to a person to whom section 6 of the Children (Leaving Care) Act 2000 (exclusion from benefits) applies.]

[F9(4) A person who falls within a prescribed category in Schedule 1B for the purposes of this regulation for any day in a benefit week, shall fall within that category for the whole of that week.]]

Textual Amendments

Temporary absence from Great BritainE+W+S

4.—(1) Where a claimant is entitled to income support for a period immediately preceding a period of temporary absence from Great Britain, his entitlement to income support [F10shall continue only—

(a)in the circumstances specified in paragraph (2), during the first 4 weeks of that period of temporary absence; and

(b)in the circumstances specified in paragraph (3), during the first 8 weeks of that period.]

(2) The circumstances in which a claimant's entitlement to income support is to continue during the first four weeks of a temporary absence from Great Britain are that—

(a)the period of absence is unlikely to exceed 52 weeks; and

(b)while absent from Great Britain, the claimant continues to satisfy the other conditions of entitlement to income support; and

(c)any one of the following conditions applies—

[F11(i)the claimant falls within one or more of the prescribed categories of person listed in Schedule 1B other than paragraphs 7, 15, 20, 21, 24, 25, 26 or 27 of that Schedule; or]

[F11(ii)the claimant falls within paragraph 7 of Schedule 1B ([F12persons treated as capable of work and persons entitled to statutory sick pay]) and his absence from Great Britain is for the sole purpose of receiving treatment from an appropriately qualified person for the incapacity by reason of which he satisfies the conditions of that paragraph; or]

(iii)he is in Northern Ireland; or

(iv)he is a member of a couple and he and his partner are both absent from Great Britain, and a premium referred to in paragraph 9, [F139A,] 10, 11 or 13 of Schedule 2 (applicable amounts) is applicable in respect of his partner [F14 or

[F15(v)on the day on which the absence began he had satisfied the provisions of [F16paragraph 7 of Schedule 1B] ([F17persons treated as capable of work and persons entitled to statutory sick pay]) for a continuous period of not less than—

(aa)196 days in the case of a claimant who is terminally ill within the meaning of section 30B(4) of the Contributions and Benefits Act, or who is entitled to the highest rate of the care component of disability living allowance [F18, the care component of child disability payment at the highest rate in accordance with the DACYP Regulations (see regulation 11(5) of those Regulations)] [F19, armed forces independence payment] [F20[F21,] the enhanced rate of the daily living component of personal independence payment] [F22or the enhanced rate of the daily living component of adult disability payment]; or

(bb)364 days in any other case,

and for this purpose any two or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period.]]

[F23(3) The circumstances in which a claimant’s entitlement to income support is to continue during the first 8 weeks of a temporary absence from Great Britain are that—

(a)the period of absence is unlikely to exceed 52 weeks; and

(b)the claimant continues to satisfy the other conditions of entitlement to income support; and

(c)the claimant is, or the claimant and any other member of his family are, accompanying a member of the claimant’s family who is a child or young person solely in connection with arrangements made for the treatment of that child or young person for a disease or bodily or mental disablement; and

(d)those arrangements relate to treatment—

(i)outside Great Britain;

(ii)during the period whilst the claimant is, or the claimant and any member of his family are, temporarily absent from Great Britain; and

(iii)by, or under the supervision of, a person appropriately qualified to carry out that treatment.]

[F24(3A) A claimant’s entitlement to income support shall continue during a period of temporary absence from Great Britain if—

(a)he satisfied the conditions of entitlement to income support immediately before the beginning of that period of temporary absence; and

[F25(b)that period of temporary absence is for the purpose of the claimant receiving treatment at a hospital or other institution outside Great Britain where the treatment is being provided—

(i)under section 6(2) of the Health Service Act (performance of functions outside England) or section 6(2) of the Health Service (Wales) Act (performance of functions outside Wales);

(ii)pursuant to arrangements made under section 12(1) of the Health Service Act (Secretary of State’s arrangements with other bodies), section 10(1) of the Health Service (Wales) Act (Welsh Minister’s arrangements with other bodies), paragraph 18 of Schedule 4 to the Health Service Act (joint exercise of functions) or paragraph 18 of Schedule 3 to the Health Service (Wales) Act (joint exercise of functions); or

(iii)under any equivalent provision in Scotland or pursuant to arrangements made under such provision.]]

[F23(4) In paragraphs (2) and (3) “appropriately qualified” means qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment.]

Textual Amendments

F10Words in reg. 4(1) substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 3(a)

F23Reg. 4(3)(4) added (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 3(b)

Modifications etc. (not altering text)

Commencement Information

I1Reg. 4 in force at 11.4.1988, see reg. 1

Persons treated as engaged in remunerative workE+W+S

5.—(1) Subject to the following provisions of this regulation, for the purposes of section 20(3)(c) of the Act (conditions of entitlement to income support), remunerative work is work in which a person is engaged, or, where his hours of work fluctuate, he is engaged on average, for [F26not less than 16 hours] a week being work for which payment is made or which is done in expectation of payment.

[F27(1A) In the case of any partner of the claimant paragraph (1) shall have effect as though for the words “16 hours" there were substituted the words “24 hours".]

(2) [F28Subject to paragraph (3B),] the number of hours for which a person is engaged in work shall be determined—

(a)where no recognisable cycle has been established in respect of a person's work, by reference to the number of hours or, where those hours are likely to fluctuate, the average of the hours, which he is expected to work in a week;

(b)where the number of hours for which he is engaged fluctuate, by reference to the average of hours worked over—

(i)if there is a recognisable cycle of work, the period of one complete cycle (including, where the cycle involves periods in which the person does no work, those periods but disregarding any other absences);

(ii)in any other case, the period of five weeks immediately before the date of claim or the date [F29on which a superseding decision is made under section 10 (decisions superseding earlier decisions) of the Social Security Act 1998], or such other length of time as may, in the particular case, enable the person's average hours of work to be determined more accurately.

(3) A person shall be treated as engaged in remunerative work during any period for which he is absent from work referred to in paragraph (1) if the absence is either without good cause or by reason of a recognised, customary or other holiday.

[F30(3A) A person shall not be treated as engaged in remunerative work on any day on which the person is on maternity leave [F31, paternity leave [F32, adoption leave [F33, shared parental leave or parental bereavement leave]]] or is absent from work because he is ill.]

[F34(3B) Where for the purpose of paragraph (2)(b)(i), a person’s recognisable cycle of work at a school, other educational establishment or other place of employment is one year and includes periods of school holidays or similar vacations during which he does not work, those periods and any other periods not forming part of such holidays or vacations during which he is not required to work shall be disregarded in establishing the average hours for which he is engaged in work.]

(4) A person who makes a claim and to whom or whose partner section 23 of the Act (trade disputes) applies [F35or applied] shall, for the period of seven days following the date on which the stoppage of work due to a trade dispute at his or his partner's place of work commenced or, if there is no stoppage, the date on which he or his partner first withdrew his labour in furtherance of a trade dispute, be treated as engaged in remunerative work.

(5) [F36Subject to paragraph (5A), a person] who was, or was treated as being, engaged in remunerative work and in respect of that work earnings to which [F37regulation [F3835(1)(b) and (d)]] (earnings of employed earners) applies are [F39paid] shall be treated as being engaged in remunerative work for the period for which those earnings are taken into account in accordance with Part V.

[F40(5A) Paragraph (5) shall not apply to earnings disregarded under paragraph 1 of Schedule 8 to these regulations.]

[F41(6) For the purposes of this regulation, in determining the number of hours in which a person is engaged or treated as engaged in remunerative work, no account shall be taken of any hours in which the person is engaged in an employment or a scheme to which [F42regulation 6(1)] (persons not treated as engaged in remunerative work) applies.]

[F43(7) For the purposes of paragraphs (1) and (2), in determining the number of hours for which a person is engaged in work, that number shall include any time allowed to that person by his employer for a meal or for refreshment, but only where that person is, or expects to be, paid earnings in respect of that time.]

F44(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26Sch. 9 para. 19 substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1994 (S.I. 1994/527), regs. 1(1)(b), 9(3)

F30Reg. 5(3A) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 3(2)

F43Reg. 5(7) added (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 4

Modifications etc. (not altering text)

Commencement Information

I2Reg. 5 in force at 11.4.1988, see reg. 1

Persons not treated as engaged in remunerative workE+W+S

6.—[F45(1)] A person shall not be treated as engaged in [F46remunerative work in so far as—]

F47(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)he is engaged in child minding in his home;

(c)he is engaged by a charity or [F48voluntary organisationF49...,] or is a volunteer where the only payment received by him or due to be paid to him, is a payment which is to be disregarded under regulation 40(2) and paragraph 2 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) [F50and in this paragraph “volunteer” means a person who is engaged in voluntary work, otherwise than for a relative, where the only payment received, or due to be paid to the person by virtue of being so engaged, is in respect of any expenses reasonably incurred by the person in connection with that work];

(d)he is engaged on a scheme for which a training allowance is being paid; F51...

[F52(dd)he is receiving assistance under the self-employment route;]

F53(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F54(h)he is engaged in any one of the employments mentioned in heads (a) to (d) of sub-paragraph (1) of paragraph 7 of Schedule 8 (which relates to persons serving as firemen, in coastal rescue activities etc); F55...]

[F54(j)he is performing his duties as a councillor, and for this purpose “councillor” has the same meaning as in [F56section 171F(2) of the Contributions and Benefits Act][F57; or]]

[F58(k)he is engaged in caring for a person who is accommodated with him by virtue of arrangements made under any of the provisions referred to in paragraph 26 [F59or in accordance with paragraph 27] of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) and is in receipt of any payment specified in [F60those paragraphs].]

[F61(ka)he is engaged in caring for a person who is provided with continuing care by a local authority by virtue of arrangements made under section 26A of the Children (Scotland) Act 1995 (duty to provide continuing care) and is in receipt of a payment made under that section of that Act;]

[F62(m)he is engaged in an activity in respect of which—

(i)a sports award has been made, or is to be made, to him; and

(ii)no other payment is made or is expected to be made to him.]

F63(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F64(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F65(4) The following persons shall not be treated as engaged in remunerative work–

F66(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)subject to regulation 5(4) and (5) (persons treated as engaged in remunerative work), a person to whom section 126 of the Contributions and Benefits Act (trade disputes) applies or in respect of whom section 124(1) of that Act (conditions of entitlement to income support) has effect as modified by section 127(b) of that Act (effect of return to work);

(c)a person to whom paragraph 4 of Schedule 1B applies;]

F67(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F68(5) A person shall not be treated as engaged in remunerative work for the period specified in paragraph (6) in so far as—

(a)he or his partner is engaged in work which—

(i)is remunerative work; and

(ii)he, or his partner, is expected to be engaged in for a period of no less than five weeks;

(b)he or his partner had, for a continuous period of 26 weeks ending on the day before the day on which he commenced the work referred to in sub-paragraph (a), been entitled to and in receipt of income support [F69, an income-based jobseeker's allowance or an income-related employment and support allowance];

(c)he or his partner had, as at the day before the day on which he commenced the work referred to in sub-paragraph (a), an applicable amount which included—

(i)an amount determined in accordance with Schedule 3 (housing costs) as applicable to him in respect of [F70housing costs which qualify [F71under paragraph 17]] of that Schedule; F72...

(ii)an amount determined in accordance with Schedule 2 to the Jobseeker’s Allowance Regulations 1996 (housing costs) as applicable to him in respect of [F73housing costs which qualify [F74under paragraph 16]] of that Schedule; [F75or

(iii)an amount determined in accordance with Schedule 6 to the Employment and Support Allowance Regulations (housing costs) as applicable to him in respect of housing costs which qualify [F76under paragraph 18] of that Schedule; and]

(d)he or his partner remain liable to make payments [F77in respect of such housing costs].

(6) A person referred to in paragraph (5) shall not be treated as engaged in remunerative work for—

(a)the period of four weeks commencing with the day on which he was first engaged in the work referred to in sub-paragraph (a) of that paragraphF78...

F79(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In calculating the period of benefit entitlement referred to in paragraphF80... (5)(b), no account shall be taken of entitlement arising by virtue of paragraphF80... (6).

(8) In paragraph (5), a reference to the claimant or his partner being entitled to and in receipt of an income-based jobseeker’s allowance or to an amount being applicable to either of them under the Jobseeker’s Allowance Regulations 1996 shall include a reference to the claimant and his partner being entitled to, and in receipt of, a joint-claim jobseeker’s allowance and to an amount being applicable to that couple under those Regulations.]

Textual Amendments

F48Words in reg. 6(c) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(a), 23(a)

F51Word in reg. 6(d)(e) omitted (6.4.1992) by virtue of The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), regs. 1(1), 2(a) (with reg. 1(2))

F55Word in reg. 6(h) revoked (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1992 (S.I. 1992/2155), regs. 1(1), 13(a)

F57Words in reg. 6(j) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1992 (S.I. 1992/2155), regs. 1(1), 13(b)

F58Reg. 6(k) added (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1992 (S.I. 1992/2155), regs. 1(1), 13(c)

F59Words in reg. 6(k) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(a), 23(b)

F60Words in reg. 6(k) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(a), 23(b)

F71Words in reg. 6(5)(c)(i) substituted (with effect in accordance with regs.19 - 21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 2(a)(i)

F74Words in reg. 6(5)(c)(ii) substituted (with effect in accordance with regs.19 - 21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 2(a)(ii)

F76Words in reg. 6(5)(c)(iii) substituted (with effect in accordance with regs.19 - 21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 2(a)(iii)

Commencement Information

I3Reg. 6 in force at 11.4.1988, see reg. 1

Meaning of employmentE+W+S

F817.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I4Reg. 7 in force at 11.4.1988, see reg. 1

Persons not required to be available for employmentE+W+S

F828.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I5Reg. 8 in force at 11.4.1988, see reg. 1

Persons treated as available for employmentE+W+S

F839.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I6Reg. 9 in force at 11.4.1988, see reg. 1

Circumstances in which claimants are not to be treated as available for employmentE+W+S

F8410.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I7Reg. 10 in force at 11.4.1988, see reg. 1

Actively seeking employmentE+W+S

F8510A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Registration for employmentE+W+S

F8611.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I8Reg. 11 in force at 11.4.1988, see reg. 1

Relevant EducationE+W+S

[F8712.  For the purposes of these Regulations, a person is to be treated as receiving relevant education if he is a qualifying young person within the meaning of section 142 of the Contributions and Benefits Act (child and qualifying young person).]

Textual Amendments

Commencement Information

I9Reg. 12 in force at 11.4.1988, see reg. 1

Circumstances in which persons in relevant education are to be entitled to income supportE+W+S

13.—(1) Notwithstanding that a person is to be treated as receiving relevant education under regulation 12 (relevant education) he shall, if paragraph (2) applies to him and he satisfies the other conditions of entitlement to income support, be entitled to income support.

(2) This paragraph applies to [F88a person [F89who [F90(subject to paragraph (2A))] is a qualifying young person within the meaning of section 142 of the Contributions and Benefits Act (child and qualifying young person)] (hereinafter referred to as an eligible person)] who—

(a)is the parent of a child for whom he is treated as responsible under regulation 15 (circumstances in which a person is to be treated as responsible or not responsible for another) and who is treated as a member of his household under regulation 16 (circumstances in which a person is to be treated as being or not being a member of the household); or

F91(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F91(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F92(bc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)has no parent nor any person acting in the place of his parents; or

[F93(d)of necessity has to live away from his [F94parents and any] person acting in the place of his parents because–

(i)he is estranged from his [F94parents and that person]; or

(ii)he is in physical or moral danger; or

(iii)there is a serious risk to his physical or mental health;]

[F95(dd)has ceased to live in accommodation provided for him by a local authority under Part III of the Children Act 1989 (local authority support for children and families) [F96or Part II of the Children (Scotland) Act 1995 (promotion of children’s welfare by local authorities and by children’s hearings etc)] [F97or Part 4 (meeting needs) or Part 6 (looked after and accommodated children) of the Social Services and Well-being (Wales) Act 2014] [F98, or by virtue of any order or warrant made under the Children’s Hearings (Scotland) Act 2011,] and is of necessity living away from his parents and any person acting in place of his parents;]

(e)is living away from his parents and any person acting in the place of his parents in a case where his parents are or, as the case may be, that person is unable financially to support him and—

(i)chronically sick or mentally or physically disabled; or

(ii)detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or

(iii)prohibited from entering or re-entering Great Britain; or

F99(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F99(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F100(h)is a person to whom paragraph 18 of Schedule 1B (refugees) applies.]

[F101(2A) For the purposes of paragraph (2)—

(a)the eligible person shall be treated as satisfying the condition prescribed in regulation 8 of the Child Benefit (General) Regulations 2006 (child benefit not payable in respect of qualifying young person: other financial support);

(b)where sub-paragraphs (c) to (e) apply, the eligible person shall be treated as satisfying the condition prescribed in regulation 5(2)(e) and (f) of the Child Benefit (General) Regulations 2006 (extension period: 16 and 17 year olds).]

(3) In this regulation—

[F102(a)any reference to a person acting in the place of an eligible person’s parents includes—

(i)for the purposes of paragraph (2)(c), (d) and (dd), a reference to a local authority or voluntary organisation where the eligible person is being looked after by them under a relevant enactment or where the eligible person is placed by the local authority or voluntary organisation with another person, that other person, whether or not a payment is made to him;

(ii)for the purposes of paragraph (2)(e), the person with whom the person is so placed;]

(b)“chronically sick or mentally or physically disabled” means, in relation to a person to whom that expression refers, a person—

(i)in respect of whom the condition specified in paragraph 12(1) of Schedule 2 (additional condition for the higher pensioner and disability premiums) is satisfied; or

F103(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)who is substantially and permanently disabled[F104; or

(iv)who is entitled to an employment and support allowance which includes a work-related activity component or support component [F105or who would be entitled to an employment and support allowance including a work-related activity component but for the application of section 1A of the Welfare Reform Act (duration of contributory allowance)].]

Textual Amendments

F102Reg. 13(3)(a) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), reg. 1(1), Sch. para. 2 (with Sch. para. 11)

Modifications etc. (not altering text)

Commencement Information

I10Reg. 13 in force at 11.4.1988, see reg. 1

Persons under 18 yearsE+W+S

F10613A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments