- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (25/01/2010)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 01/04/2010
Point in time view as at 25/01/2010.
There are currently no known outstanding effects for the The Income Support (General) Regulations 1987, SCHEDULE 1B.
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Regulation 4ZA
Textual Amendments
F1Sch. 1B inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), regs. 1(1), 22, Sch. 1
1. A person who is a lone parent and responsible for—
(a)a single child aged under 10, or
(b)more than one child where the youngest is aged under 10,
who is a member of that person’s household.]
Textual Amendments
F2Sch. 1B para. 1 substituted (26.10.2009) by The Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2008 (S.I. 2008/3051), regs. 1(2)(a), 3(2) (with reg. 13, Sch. Pt. 2)
2. A single claimant or a lone parent with whom a child is placed by a local authority or voluntary organisation within the meaning of the Children Act 1989 or, in Scotland, [F3Children (Scotland) Act 1995].
Textual Amendments
F3Words in Sch. 1B para. 2 substituted (26.10.2009) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2009 (S.I. 2009/2655), regs. 1(1), 2(14)(a)
2A. A single claimant or a lone parent with whom a child is placed for adoption by an adoption agency within the meaning of the Adoption and Children Act 2002 or the Adoption and Children (Scotland) Act 2007.]
Textual Amendments
3. A person who is—
(a)looking after a child because the parent of that child or the person who usually looks after him is [F5temporarily] ill or is temporarily absent from his home; or
(b)looking after a member of his family who is temporarily ill.
Textual Amendments
F5Word in Sch. 1B para. 3(a) inserted (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(2), 2(12)(a)
4. A person (the carer)—
(a)who is regularly and substantially engaged in caring for another person if—
(i)the person being cared for is in receipt of attendance allowance F6... or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act; or
(ii)the person being cared for has claimed attendance allowance F7... but only for the period up to the date of determination of that claim, or the period of 26 weeks from the date of that claim, whichever date is the earlier; or
[F8(iia)the person being cared for has claimed attendance allowance in accordance with section 65(6)(a) of the Contributions and Benefits Act (claims in advance of entitlement), an award has been made in respect of that claim under section 65(6)(b) of that Act and, where the period for which the award is payable has begun, that person is in receipt of the allowance;] [F9or]
(iii)the person being cared for has claimed entitlement to a disability living allowance but only for the period up to the date of determination of that claim, or the period of 26 weeks from the date of that claim, whichever date is the earlier; or
[F10(iiia)the person being cared for has claimed entitlement to the care component of a disability living allowance in accordance with, regulation 13A of the Social Security (Claims and Payments) Regulations 1987 (advance claims and awards), an award at the highest or middle rate has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of the allowance;]
(b)who is engaged in caring for another person and [F11who is both entitled to, and in receipt of,] [F12a carer’s allowance] [F13 or would be in receipt of that allowance but for the application of a restriction under section 7 of the Social Security Fraud Act 2001 (loss of benefit provisions)].
Textual Amendments
F6Words in Sch. 1B para. 4(a)(i) omitted (7.10.1996) by virtue of The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 33(2)
F7Words in Sch. 1B para. 4(a)(ii) omitted (7.10.1996) by virtue of The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 33(3)
F8Sch. 1B para. 4(a)(iia) inserted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 33(4)
F9Word in Sch. 1B para. 4(a)(iia) inserted (coming into force in accordance with reg. 1(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2001 (S.I. 2001/859), regs. 1(3), 3(4)
F10Sch. 1B para. 4(a)(iiia) inserted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 33(5)
F11Words in Sch. 1B para. 4(b) substituted (3.4.2000) by The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 4(1)
F12Words in Sch. 1B substituted (1.4.2003) by The Social Security Amendment (Carer’s Allowance) Regulations 2002 (S.I. 2002/2497), reg. 1(b), Sch. 2 paras. 1, 2
F13Words in Sch. 1B para. 4(b) added (1.4.2002) by The Social Security (Loss of Benefit) (Consequential Amendments) Regulations 2002 (S.I. 2002/490), regs. 1(1), 4
5. A person to whom paragraph 4 applied, but only for a period of 8 weeks from the date on which that paragraph ceased to apply to him.
Modifications etc. (not altering text)
C1Sch. 1B paras. 5, 6 modified (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), reg. 27(1)
6. A person who, had he previously made a claim for income support, would have fulfilled the conditions of paragraph 4, but only for a period of 8 weeks from the date on which he ceased to fulfil those conditions.
Modifications etc. (not altering text)
C1Sch. 1B paras. 5, 6 modified (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), reg. 27(1)
7. A person who—
F15(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)is treated as capable of work by virtue of regulations made under section 171E(1) of that Act (disqualification etc.); or
(d)is entitled to statutory sick pay.
Textual Amendments
F14Words in Sch. 1B para. 7 heading substituted (30.12.2009) by The Income Support (Prescribed Categories of Person) Regulations 2009 (S.I. 2009/3152), regs. 1, 3(2)(e) (with reg. 3(7))
F15Sch. 1B para. 7(a)(b) revoked (30.12.2009) by The Income Support (Prescribed Categories of Person) Regulations 2009 (S.I. 2009/3152), regs. 1, 2(1)(b) (with reg. 2(2)-(4))
F168. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F16Sch. 1B para. 9 revoked (25.1.2010) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2009 (S.I. 2009/3228), regs. 1(2), 4(1)(a)(ii) (with reg. 4(3)(4))
F169. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F16Sch. 1B para. 9 revoked (25.1.2010) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2009 (S.I. 2009/3228), regs. 1(2), 4(1)(a)(ii) (with reg. 4(3)(4))
9A. A person to whom regulation 6(5) (persons not treated as engaged in remunerative work) applies.]
Textual Amendments
F17Sch. 1B para. 9A inserted (9.4.2001) by The Social Security (Miscellaneous Amendments) Regulations 2001 (S.I. 2001/488), regs. 1(1), 5
F1810. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F18Sch. 1B para. 10 revoked (30.12.2009) by The Income Support (Prescribed Categories of Person) Regulations 2009 (S.I. 2009/3152), regs. 1, 2(1)(b) (with reg. 2(2)-(4))
11. A person who is a [F19full-time student] and who—
(a)immediately before 1st September 1990 was in receipt of income support by virtue of paragraph 7 of Schedule 1 as then in force; or
(b)on or after that date makes a claim for income support and at a time during the period of 18 months immediately preceding the date of that claim was in receipt of income support either by virtue of that paragraph or regulation 13(2)(b),
but this paragraph shall not apply where for a continuous period of 18 months or more the person has not been in receipt of income support.
Textual Amendments
F19Words in Sch. 1B para. 11 substituted (31.7.2000) by The Social Security Amendment (Students) Regulations 2000 (S.I. 2000/1981), regs. 1(1), 5(5), Sch.
F2012. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F20Sch. 1B para. 12 revoked (30.12.2009) by The Income Support (Prescribed Categories of Person) Regulations 2009 (S.I. 2009/3152), regs. 1, 2(1)(b) (with reg. 2(2)-(4))
F2113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F21Sch. 1B para. 13 revoked (30.12.2009) by The Income Support (Prescribed Categories of Person) Regulations 2009 (S.I. 2009/3152), regs. 1, 2(1)(b) (with reg. 2(2)-(4))
14. A woman who—
(a)is incapable of work by reason of pregnancy; or
(b)is or has been pregnant but only for the period commencing 11 weeks before her expected week of confinement and ending seven weeks after the date on which her pregnancy ends [F22where the expected week of confinement begins prior to 6th April 2003 or fifteen weeks after the date on which her pregnancy ends where the expected week of confinement begins on or after 6th April 2003].
Textual Amendments
F22Words in Sch. 1B para. 14(b) inserted (24.11.2002) by The Social Security (Paternity and Adoption) Amendment Regulations 2002 (S.I. 2002/2689), regs. 1(1)(a), 2(5)(a)
14A.—(1) A person who is—
(a)entitled to, and taking, parental leave by virtue of Part III of the Maternity and Parental Leave etc. Regulations 1999 in respect of a child who is a member of his household; and
(b)not entitled to any remuneration from his employer in respect of that leave for the period to which his claim for income support relates; and
(c)entitled toF24..., [F25working tax credit, child tax credit payable at a rate higher than the family element,] housing benefit or council tax benefit on the day before that leave begins.
(2) In this paragraph “remuneration” means payment of any kind [F26and “family element” means in a case where any child in respect of whom child tax credit is payable is under the age of one year, the amount specified in regulation 7(3)(a) of the Child Tax Credit Regulations 2002 or in any other case, the amount specified in regulation 7(3)(b) of those Regulations] [F27but subject in any case to calculations of those amounts made in accordance with the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002]. ]
Textual Amendments
F23Sch. 10 paras. 58, 59 added (3.4.2000) by The Social Security Amendment (Employment Zones) Regulations 2000 (S.I. 2000/724), regs. 1(1), 3(4)(a)
F24Words in Sch. 1B para. 14A(1)(c) omitted (8.8.2003) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No. 3) Regulations 2003 (S.I. 2003/1731), regs. 1(1), 2(3)(a)
F25Words in Sch. 1B para. 14A(1)(c) inserted (7.4.2003) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), reg. 1(5)(b), Sch. 1 para. 19(a)
14B.—(1) A person who is entitled to, and is taking, paternity leave and who satisfies either or both of the conditions set out in sub-paragraph (2) below.
(2) The conditions for the purposes of sub-paragraph (1) are—
(a)he is not entitled to statutory paternity pay by virtue of Part 12ZA of the Contributions and Benefits Act, or to any remuneration from his employer in respect of that leave for the period to which his claim for income support relates;
(b)he is entitled toF29..., [F30working tax credit, child tax credit payable at a rate higher than the family element,] housing benefit or council tax benefit on the day before that leave begins.
(3) In this paragraph “remuneration” means payment of any kind [F31and “family element” means in a case where any child in respect of whom child tax credit is payable is under the age of one year, the amount specified in regulation 7(3)(a) of the Child Tax Credit Regulations 2002 or in any other case, the amount specified in regulation 7(3)(b) of those Regulations] [F32but subject in any case to calculations of those amounts made in accordance with the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002. ]]
Textual Amendments
F28Sch. 1B para. 14B inserted (8.12.2002) by The Social Security (Paternity and Adoption) Amendment Regulations 2002 (S.I. 2002/2689), regs. 1(1)(b), 2(5)(b)
F29Words in Sch. 1B para. 14B(2)(b) omitted (8.8.2003) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No. 3) Regulations 2003 (S.I. 2003/1731), regs. 1(1), 2(3)(a)
F30Words in Sch. 1B para. 14B(2)(b) inserted (7.4.2003) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), reg. 1(5)(b), Sch. 1 para. 19(a)
15. A person to whom any provision of regulation 13(2)(a) to (e) (persons receiving relevant education who are parents, [F33disabled persons, persons with limited leave to enter or remain], orphans and persons estranged from their parents or guardian) applies.
Textual Amendments
F33Words in Sch. 1B para. 15 substituted (10.4.2006) by The Social Security (Young Persons) Amendment Regulations 2006 (S.I. 2006/718), regs. 1(2)(a), 2(7)(a)
15A.—[F36(1) A person who satisfies the following conditions.]
(2) The first condition is that he is under the age of 21.
(3) The second condition is that he is undertaking a course of full-time, non-advanced education.
(4) The third condition is that he was accepted to attend, enrolled on, or began the course before attaining the age of 19.
(5) The fourth condition is that—
(a)he has no parent;
(b)of necessity he has to live away from his parents because—
(i)he is estranged from them,
(ii)he is in physical or moral danger, or
(iii)there is a serious risk to his physical or mental health; or
(c)he is living away from his parents where they are unable financially to support him and are—
(i)chronically sick or mentally or physically disabled,
(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.
(6) In this paragraph—
“chronically sick or mentally or physically disabled” has the meaning given in regulation 13(3)(b);
“course of full-time, non-advanced education” means education of a kind referred to in regulation 3(2)(a) or (b) of the Child Benefit (General) Regulations 2006;
“parent” includes a person acting in place of a parent which—
for the purposes of sub-paragraph (5)(a) and (b) has the meaning given in regulation 13(3)(a)(i), and
for the purposes of sub-paragraph (5)(c), has the meaning given in regulation 13(3)(a)(ii).]
Textual Amendments
F34Sch. 1B para. 15A inserted (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(2), 2(12)(b)
F35Sch. 1B para. 15A heading substituted (26.10.2009) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2009 (S.I. 2009/2655), regs. 1(1), 2(14)(c)(i)
F3716. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F37Sch. 1B para. 16 omitted (7.10.2006) by virtue of The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), regs. 1(6), 5(6)
F3816A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3917. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
18. A person who is a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 and who—
(a)is attending for more than 15 hours a week a course for the purpose of learning English so that he may obtain employment; and
(b)on the date on which that course commenced, had been in Great Britain for not more than 12 months,
but only for a period not exceeding nine months.
F4018A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F40Sch. 1B para. 18A ceases to have effect (14.6.2007) by virtue of Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004 (c. 19), ss. 12(2)(a)(ii), 48(3)(c); S.I. 2007/1602, art. 2(1) (with art. 2(3))
19.—(1) A person who is required to attend a court or tribunal as a justice of the peace, a party to any proceedings, a witness or a juror.
(2) In this paragraph, “tribunal” means any tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992.]
Textual Amendments
20. 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).
21. A person not excluded from entitlement to income support under section 115 of the Immigration and Asylum Act 1999 by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 except for a person to whom paragraphs 2, 3 and 4 of Part 1 of the Schedule to those Regulations applies.]
Textual Amendments
F42Sch. 1B para. 21 substituted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2009 (S.I. 2009/3228), reg. 3(2)(d)
22. A person remanded in, or committed in, custody for trial or for sentencing.
23. A person who is a member of a couple and who is treated as responsible for a child who is a member of his household where the other member of that couple is temporarily not present in the United Kingdom.
24. A person—
(a)in respect of whom it has been determined for the purposes of section 171B of the Contributions and Benefits Act (the own occupation test) that he is not incapable of work; and
(b)whose medical practitioner continues to supply evidence of his incapacity for work in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976 (evidence of incapacity for work); and
(c)who has made and is pursuing an appeal against the [F44decision which embodies a] determination that he is not so incapable,
but only for the period prior to the determination of his appeal.
Textual Amendments
25. A person—
(a)in respect of whom it has been determined for the purposes of section 171C of the Contributions and Benefits Act (the [F45personal capability assessment]) that he is not incapable of work; and
(b)who has made and is pursuing an appeal against the [F46decision which embodies a] determination that he is not so incapable,
but only for the period [F47beginning with the date on which that determination takes effect until] the determination of his appeal.
Textual Amendments
F45Words in Sch. 1B para. 25 substituted (3.4.2000) by The Social Security (Incapacity for Work) Miscellaneous Amendments Regulations 1999 (S.I. 1999/3109), regs. 1(1), 6
F46Words in Sch. 1B para. 25 inserted (6.9.1999) by The Social Security Act 1998 (Commencement No. 9, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2422), art. 3(1), Sch. 6 para. 3(a)
F47Words in Sch. 1B para. 25 substituted (18.3.2005) by The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/337), regs. 1, 6
F4826. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F48Sch. 1B paras. 26, 27 omitted (14.4.2008) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/698), regs. 1(1), 2(11)
F4827. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F48Sch. 1B paras. 26, 27 omitted (14.4.2008) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/698), regs. 1(1), 2(11)
28. A person who is [F50not a qualifying young person or child within the meaning of section 142 of the Contributions and Benefits Act (child and qualifying young person) and who is] engaged in training, and for this purpose “training” means training for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible [F51secured by the Learning and Skills Council for England or by the [F52Welsh Ministers]] and, in Scotland, directly or indirectly by a Local Enterprise Company pursuant to its arrangement with, as the case may be, [F53Skills Development Scotland,] Scottish Enterprise or Highlands and Islands Enterprise (whether that arrangement is known as an Operating Contract or by any other name).]
Textual Amendments
F49Sch. 1B para. 28 heading inserted (10.4.2006) by The Social Security (Young Persons) Amendment Regulations 2006 (S.I. 2006/718), regs. 1(2)(a), 2(7)(b)
F50Words in Sch. 1B para. 28 inserted (10.4.2006) by The Social Security (Young Persons) Amendment Regulations 2006 (S.I. 2006/718), regs. 1(2)(a), 2(7)(c)
F51Words in Sch. 1B para. 28 substituted (26.3.2001) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2001 (S.I. 2001/652), regs. 1(1)(a), 4
F52Words in Sch. 1B para. 28 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 2(6)
F53Words in Sch. 1B para. 28 inserted (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(2), 2(3)(b)
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