The Jobseeker’s Allowance Regulations 1996

Persons of a prescribed description

76.—(1) Subject to paragraph (2), a person of a prescribed description for the purposes of the definition of “family" in section 35(1) of the Act is a person aged 16 or over but under 19 who is treated as a child for the purposes of section 142 of the Benefits Act (meaning of child), and in these Regulations, except in Part IV, such a person is referred to as a “young person".

(2) Paragraph (1) shall not apply to a person who is–

(a) on a course of advanced education;

(b) entitled to a jobseeker’s allowance or would, but for section 3(1)(d) of the Act (provision against dual entitlement) be so entitled; or

(c) entitled to income support or would, but for section 134(2) of the Benefits Act (exclusion from benefit) be [F1 so entitled; or

(d) a person to whom section 6 of the Children (Leaving Care) Act 2000 (exclusion from benefits) applies.]

[F2 (3) A person of a prescribed description for the purposes of the definition of “family” in section 35(1) of the Act includes a child or young person in respect of whom section 145A of the Benefits Act applies for the purposes of entitlement to child benefit but only for the period prescribed under section 145A(1) of that Act.]

Textual Amendments

F1 Reg. 76(2)(d) substituted (1.10.2001) by The Children (Leaving Care) Act 2000 (Commencement No. 2 and Consequential Provisions) Order 2001 (S.I. 2001/3070), art. 3(1), Sch. 4 (b)

F2 Reg. 76(3) added (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Working Tax Credit and Child Tax Credit) (Amendment) Regulations 2002 (S.I. 2002/2402), reg. 1(3), Sch. 2 para. 2