- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (31/01/2011)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 31/10/2011
Point in time view as at 31/01/2011.
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[F2Regulation 3D(1)(c)]
Textual Amendments
F1Sch. A1 inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), regs. 1(1), 2(4), Sch. 1
F2Words in Sch. A1 heading substituted (19.3.2001) by The Social Security Amendment (Joint Claims) Regulations 2001 (S.I. 2001/518), regs. 1(2), 2(6)(a)
1. In this Schedule, “member” means a member of a joint-claim couple.
2.—[F3(1) A member—
(a)who, at the date of claim, is [F4a qualifying young person within the meaning of] section 142 of the Benefits Act;
(b)who, at the date of claim, is a full-time student; or
(c)to whom (a) or (b) does not apply but to whom sub-paragraph (1A) or (2) does apply.
(1A) This sub-paragraph applies to a member who—
(a)as at the date of claim—
(i)had applied to an educational establishment to commence a full-time course of study commencing from the beginning of the next academic term or, as the case may be, the next academic year after the date of claim and that application has not been rejected; or
(ii)had been allocated a place on a full-time course of study commencing from the beginning of the next academic term or, as the case may be, the next academic year; and
(b)is either—
(i)[F4a qualifying young person within the meaning of] section 142 of the Benefits Act; or
(ii)a full-time student.
(2) This sub-paragraph applies to a member who has applied to an educational establishment to commence a full-time course of study (other than a course of study beyond a first degree course or a comparable course)—
(a)within one month of—
(i)the last day of a previous course of study; or
(ii)the day on which the member received examination results relating to a previous course of study; and
(b)who is either—
(i)[F4a qualifying young person within the meaning of] section 142 of the Benefits Act; or
(ii)a full-time student.]
(3) A member to whom any provision of regulation 13(2)(b) to (e) of the Income Support Regulations (persons receiving relevant education who are severely handicapped, orphans and persons estranged from their parents or guardian) applies.
Textual Amendments
F3Sch. A1 para. 2(1)(1A)(2) substituted for Sch. A1 para. 2(1)(2) (19.3.2001) by The Social Security Amendment (Joint Claims) Regulations 2001 (S.I. 2001/518), regs. 1(2), 2(6)(b)
F4Words in Sch. A1 para. 2 substituted (10.4.2006) by The Social Security (Young Persons) Amendment Regulations 2006 (S.I. 2006/718), regs. 1(2)(a), 3(9)(a)
3. A member (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 or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act; or
(ii)the person being cared for has claimed attendance 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
(iii)the person being cared for has claimed attendance allowance in accordance with section 65(6)(a) of the 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;
(iv)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
(v)the person being cared for has claimed entitlement to the care component of a disability living allowance in accordance with regulation 13A of the Claims and Payments Regulations (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 who is both entitled to, and in receipt of, [F5a] [F5carer’s allowance].
Textual Amendments
4. A member to whom paragraph 3 applied, but only for a period of 8 weeks from the date on which that paragraph ceased to apply to him.
5. A member who, had he previously made a claim for, and had been entitled to, a jobseeker’s allowance, would have fulfilled the conditions of paragraph 3, but only for a period of 8 weeks from the date on which he ceased to fulfil those conditions.
6. A member who—
F7(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)is treated as capable of work by virtue of regulations made under section 171E(1) of [F8the Benefits Act] (disqualification etc.); or
(d)is entitled to statutory sick pay.
Textual Amendments
F6Sch. A1 para. 6 heading substituted (with effect in accordance with reg. 4(3)(4) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010 (S.I. 2010/2429), regs. 1(2), 4(2)(b)
F7Sch. A1 para. 6(a)(b) revoked (with effect in accordance with reg. 4(3)(4) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010 (S.I. 2010/2429), regs. 1(2), 4(2)(a)(i)
F8Words in Sch. A1 para. 6(c) substituted (with effect in accordance with reg. 4(3)(4) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010 (S.I. 2010/2429), regs. 1(2), 4(2)(c)
6A. A person who—
(a)has limited capability for work under section 8 of the Welfare Reform Act; or
(b)is treated as having limited capability for work under regulations made under paragraph 1 of Schedule 2 to that Act; or
(c)is treated as not having limited capability for work under regulations made under section 18(1) of that Act (disqualification).]
Textual Amendments
7. A member to whom regulation 53(c) (persons treated as not engaged in remunerative work) applies.]
Textual Amendments
F10Sch. A1 para. 7 revoked in part (25.1.2010) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2009 (S.I. 2009/3228), regs. 1(2), 4(1)(b)(ii) (with reg. 4(3)(5))
8. A member to whom regulation 53(h) (persons treated as not engaged in remunerative work) applies.]
Textual Amendments
F11Sch. A1 para. 8 revoked in part (25.1.2010) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2009 (S.I. 2009/3228), regs. 1(2), 4(1)(b)(ii) (with reg. 4(3)(5))
F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F12Sch. A1 para. 9 revoked (with effect in accordance with reg. 4(3)(4) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010 (S.I. 2010/2429), regs. 1(2), 4(2)(a)(ii)
F1310. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F13Sch. A1 para. 10 revoked (with effect in accordance with reg. 4(3)(4) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010 (S.I. 2010/2429), regs. 1(2), 4(2)(a)(iii)
F1411. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F14Sch. A1 para. 11 revoked (with effect in accordance with reg. 4(3)(4) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010 (S.I. 2010/2429), regs. 1(2), 4(2)(a)(iv)
12. A member who is a woman and who is incapable of work [F15or who has limited capability for work] by reason of pregnancy.
Textual Amendments
F15Words in Sch. A1 para. 12 inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(23)(b)
13. A member who has attained the qualifying age for state pension credit.]
Textual Amendments
F16Sch. A1 para. 13 substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 12(2)
14. A member 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.
15.—(1) A member 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
16. A member who [F18is not a qualifying young person or child within the meaning of section 142 of the 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 [F19secured by the [F20Young People’s Learning Agency for England, the Chief Executive of Skills Funding] or by the [F21Welsh Ministers]] and, in Scotland, directly or indirectly by a Local Enterprise Company pursuant to its arrangements with, as the case may be, [F22Skills 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
F18Words in Sch. A1 para. 16 inserted (10.4.2006) by The Social Security (Young Persons) Amendment Regulations 2006 (S.I. 2006/718), regs. 1(2)(a), 3(9)(b)
F19Words in Sch. A1 para. 16 substituted (26.3.2001) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2001 (S.I. 2001/652), regs. 1(1)(a), 4
F20Words in Sch. A1 para. 16 substituted (1.9.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England) Order 2010 (S.I. 2010/1941), arts. 1, 5(5)
F21Words in Sch. A1 para. 16 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(9)
F22Words in Sch. A1 para. 16 inserted (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(2), 4(3)(g)
17. A member who is or would be prevented from being entitled to a jobseeker’s allowance by virtue of section 14 (trade disputes) but only where that section does not prevent the other member from being so entitled.]
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