The Income Support (General) Amendment No. 3 Regulations 1988

Insertion of regulation 13A into the General Regulations

4.  After regulation 13 of the General Regulations (persons in relevant education who are entitled to income support) there shall be inserted the following regulation—

“Persons under 18 years

13A.— (1) A person to whom this regulation applies and for the period specified in relation to him is a person within the prescribed circumstances and period mentioned in section 20(3)(a) of the Act (conditions of entitlement for persons under 18).

(2) This regulation applies to a person of or over the age of 16—

(a) to whom any paragraph of Schedule 1A (circumstances in which a person aged 16 or 17 is eligible for income support) applies; and

(b) for the period for which that paragraph applies or, if the relevant date specified in paragraph (3) falls within that period, for so much thereof as falls before that date.

(3) In the case of a person—

(a) to whom any paragraph in Part I (persons eligible until 18) of Schedule 1A applies, the relevant date is the date on which he attains the age of 18;

(b) other than one to whom sub-paragraph (a) applies, to whom any paragraph in Part II (persons eligible until the relevant date) of that Schedule applies, the relevant date is the date determined in accordance with paragraph (7).

(4) This regulation also applies to a person of, or over, the age of 16, other than one to whom any paragraph in Schedule 1A applies who is—

(a) incapable of work and training under the youth training scheme by reason of some disease or bodily or mental disablement if, in the opinion of a medical practitioner, that incapacity is likely to end within a period of less than 12 months; or

(b) a student, except during a period of study; or

(c) a registered person who has been discharged from any institution to which the Prison Act 1952(1) applied or from custody under the Criminal Procedure (Scotland) Act 1975(2) after the relevant date determined in accordance with paragraph (7) and who is within the circumstances specified in Part II of Schedule 1A.

(5) Paragraph (4)(a) and (b) shall have effect for a period—

(a) beginning on the date on which paragraph (4)(a) or, as the case may be, paragraph (4)(b) applies to that person which first falls on or after the relevant date determined in accordance with paragraph (7); and

(b) ending on the date on which that person attains the age of 18 or the date on which paragraph (4)(a) or (b), as the case may be, ceases to apply to him, whichever first occurs.

(6) Paragraph (4)(c) shall have effect for a period—

(a) beginning on that date on which paragraph (4)(c) applies to that person which first falls on or after the relevant date determined in accordance with paragraph (7); and

(b) ending either eight weeks after the date on which that period begins or on the date on which that person attains the age of 18, whichever first occurs.

(7) For the purposes of paragraphs (3)(b) and (4) to (6)—

(a) in the case of a person who ceases to be treated as a child by virtue of section 2(1)(a) of the Child Benefit Act 1975(3) (meaning of child) or regulation 7 of the Child Benefit (General) Regulations 1976(4) (circumstances in which a person who has ceased to receive full-time education is to continue to be treated as a child)—

(i) on or after the first Monday in September, but before the first Monday in January of the following year, the relevant date is the last day of the week which falls immediately before the week which includes the first Monday in January in that year;

(ii) on or after the first Monday in January but before the Monday following Easter Monday in that year, the relevant date is the last day of the week which falls 12 weeks after the week which includes the first Monday in January in that year;

(iii) at any other time of the year, the relevant date is last day of the week which falls 12 weeks after the week which includes the Monday following Easter Monday in that year;

(b) in the case of a person who was not treated as a child by virtue of section 2(1)(a) of that Act immediately before he was 16 and who has not been treated as a child by virtue of regulation 7 of those Regulations (interruption of full-time education), the relevant date is the date determined in accordance with sub-paragraph (a)(i), (ii) or (iii) as if he had ceased full-time education on the first date on which education ceased to be compulsory for a person of his age in England and Wales or, if he is resident in Scotland, in Scotland.”.

(1)

1952 c. 52.

(2)

1975 c. 21.

(3)

1975 c. 61.

(4)

S.I. 1976/965; regulation 7 was substituted by S.I. 1980/1045 and amended by S.I. 1982/470 and 1987/357.