The Jobseeker’s Allowance Regulations 1996

Status:

Point in time view as at 11/04/2022. This version of this provision has been superseded.

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

There are currently no known outstanding effects for the The Jobseeker’s Allowance Regulations 1996, Paragraph 16.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

[F1[F2[F3 Disabled Child Premium

16.—(1) Subject to sub-paragraph (2), the condition is that where the child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant’s household is—

(a)in receipt of disability living allowance or is no longer in receipt of that allowance because he is a patient provided that the child or young person continues to be a member of the family; F4...

[F5(aza)in receipt of child disability payment;]

[F6(aa)a young person who is in receipt of personal independence payment or who would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt, provided that the young person continues to be a member of the family;]

[F7(ab)a young person who is in receipt of armed forces independence payment;]

[F8(ac)a young person who is in receipt of adult disability payment, or who would, but for regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022, be so in receipt, provided that the young person continues to be a member of the family;]

(b)[F9severely sight impaired or blind or treated as severely sight impaired or blind] within the meaning of paragraph 14(1)(h) and (2)[F10; or

(c)a child or young person in respect of whom section 145A of the Benefits Act (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s death.]

(2) The condition [F11in sub-paragraph (1)(a) [F12, (aza)] [F13, (aa)] [F14, (ab)] [F15, (ac)] or (b)] is not satisfied in respect of a child or young person—

(a)whose capital, if calculated in accordance with Part 8 of these Regulations in like manner as for the claimant, except as provided in regulation 106(1), would exceed £3,000; or

(b)who is a long-term patient.]]]

Textual Amendments

F1Sch. 1 para. 1 table substituted (coming into force in accordance with art. 1(3)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2021 (S.I. 2021/162), arts. 1(3)(k), 27(3)(a), Sch. 8

F2Sch. 1 Pt. IV table substituted (coming into force in accordance with art. 1(3)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2022 (S.I. 2022/292), arts. 1(3)(k), 27(5), Sch. 9

F3Sch. 1 para. 16 substituted (coming into force in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(8)(f)

F4Word in Sch. 1 para. 16(1) omitted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/674), reg. 7(6)(b)(i)

F5Sch. 1 para. 16(1)(aza) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), art. 1(2), Sch. 3 para. 7(4)(a)

F6Sch. 1 para. 16(1)(aa) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(e)(i)

F7Sch. 1 para. 16(1)(ab) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 10(7)(e)(i)

F8Sch. 1 para. 16(1)(ac) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(7)(l)

F9Words in Sch. 1 para. 16(1)(b) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 3(3)(a)(iii)

F10Sch. 1 para. 16(1)(c) and word inserted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/674), reg. 7(6)(b)(ii)