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The Income Support (General) Regulations 1987

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Regulation 4ZA

[F1SCHEDULE 1BE+W+SPRESCRIBED CATEGORIES OF PERSON

Textual Amendments

[F2Lone parentsE+W+S

1.—(1) A lone parent who is responsible for, and a member of the same household as—

(a)a single child aged under 5, or

(b)more than one child where the youngest is aged under 5.

(2) A lone parent who is under the age of 18.]

Textual Amendments

Single persons looking after foster childrenE+W+S

[F32.  A single claimant or a lone parent with whom a child is placed—

(a)by a local authority or voluntary organisation within the meaning of the Children Act 1989;

(b)by a local authority or voluntary organisation within the meaning of the Children (Scotland) Act 1995;

(c)by virtue of any order or warrant made under the Children’s Hearings (Scotland) Act 2011.]

Textual Amendments

[F4Single persons looking after children placed with them prior to adoptionE+W+S

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

Persons temporarily looking after another personE+W+S

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

Persons caring for another personE+W+S

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... [F7[F8, armed forces independence payment, 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] [F9, the care component of child disability payment at the highest or middle rate in accordance with the DACYP Regulations (see regulation 11(5) of those Regulations),] [F10,] the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act] [F11or the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022]; or

(ii)the person being cared for has claimed attendance allowance F12... 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

[F13(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;] [F14or]

(iii)the person being cared for has claimed entitlement to a disability living allowance [F15, child disability payment] [F16, armed forces independence payment] [F17[F18,] personal independence payment] [F19 or adult disability payment] 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

[F20(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][F21; or]

[F22(iiib)the person being cared for (“P”) has claimed entitlement to the care component of child disability payment in accordance with regulation 24 (when an application is to be treated as made and beginning of entitlement to assistance) of the DACYP Regulations, an award at the highest or middle rate has been made in respect of P’s claim, and where the period for which the award is payable has begun, P is in receipt of that payment;]

[F21(iv)the person being cared for has claimed entitlement to the daily living component of personal independence payment in accordance with regulation 33 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (advance claim for and award of personal independence payment), an award at the standard or enhanced 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 payment;]

[F23(v)the person being cared for has claimed entitlement to the daily living component of adult disability payment in accordance with regulation 35 (when an application is to be treated as made and beginning of entitlement to assistance) of the Disability Assistance for Working Age People (Scotland) Regulations 2022, an award at the standard or enhanced 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 payment;]

(b)who is engaged in caring for another person and [F24who is both entitled to, and in receipt of,] [F25a carer’s allowance] [F26or carer support payment] [F27 or would be in receipt of [F28a carer’s allowance] but for the application of a restriction under section [F296B or] 7 of the Social Security Fraud Act 2001 (loss of benefit provisions)].

Textual Amendments

F14Word 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)

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)

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)

[F30Persons treated as capable of work and persons entitled to statutory sick pay] E+W+S

7.  A person who—

F31(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)is treated as capable of work by virtue of regulations made under section 171E(1) of [F32the Contributions and Benefits Act] (disqualification etc.); or

(d)is entitled to statutory sick pay.

Textual Amendments

Modifications etc. (not altering text)

[F33Certain persons in receipt of the daily living component of personal independence payment [F34or adult disability payment] E+W+S

7A.  A person who is in receipt of the daily living component of personal independence payment at the enhanced rate [F35or the daily living component of adult disability payment at the enhanced rate] but only where, immediately before receiving that benefit, the person was entitled to and in receipt of income support because he or she was treated as incapable of work under regulation 10(2)(a)(i) of the Social Security (Incapacity for Work) (General) Regulations 1995.]

Textual Amendments

Disabled workersE+W+S

F368.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Persons in employment living in residential care homes, nursing homes or residential accommodationE+W+S

F369.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F37Persons who have commenced remunerative workE+W+S

9A.  A person to whom regulation 6(5) (persons not treated as engaged in remunerative work) applies.]

Textual Amendments

Disabled studentsE+W+S

F3810.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

11.  A person who is a [F39full-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

Deaf studentsE+W+S

F4012.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

Blind personsE+W+S

F4113.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

PregnancyE+W+S

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 F42... [F43 fifteen weeks after the date on which her pregnancy ends F42...].

Textual Amendments

[F44Parental leaveE+W+S

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 toF45..., [F46working 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 [F47and “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] [F48but 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

[F49Paternity LeaveE+W+S

14B.—(1) A person who is entitled to, and is taking, F50[F51... paternity leave by virtue of section 80A or 80B of the Employment Rights Act 1996] 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 F50[F52... 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 toF53..., [F54working 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 [F55and “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] [F56but 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

[F57Parental Bereavement LeaveE+W+S

14C.—(1) A person who is entitled to, and is taking, parental bereavement leave by virtue of section 80EA of the Employment Rights Act 1996 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 that the person—

(a)is not entitled to statutory parental bereavement pay by virtue of Part 12ZD of the Contributions and Benefits Act, or to any remuneration from their employer in respect of that leave for the period to which the claim for income support relates;

(b)is entitled to working 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 and “family element” means the amount specified in regulation 7(3) of the Child Tax Credit Regulations 2002 but subject in any case to calculations of that amount made in accordance with the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002.]

Textual Amendments

Persons in educationE+W+S

15.  A person to whom any provision of regulation 13(2)(a) to (e) (persons receiving relevant education who are parents, [F58disabled persons, persons with limited leave to enter or remain], orphans and persons estranged from their parents or guardian) applies.

Textual Amendments

[F59Certain persons who have enrolled on, been accepted for or are undertaking full-time, non-advanced education]E+W+S

15A.—[F60(1) A person (“P”) who satisfies the following conditions.

(2) The first condition is that P has enrolled on, been accepted for or is undertaking a course of full-time, non-advanced education.

(3) The second condition is that P is—

(a)under the age of 21; or

(b)21 and attained that age whilst undertaking a course of full-time, non-advanced education.

(4) The third condition is that—

(a)P has no parent;

(b)of necessity P has to live away from P’s parents because—

(i)P is estranged from P’s parents,

(ii)P is in physical or moral danger, or

(iii)there is a serious risk to P’s physical or mental health; or

(c)P is living away from P’s parents because they are unable to support P financially and are—

(i)chronically sick or mentally or physically disabled,

(ii)detained in custody pending trial or sentencing upon conviction or under a sentence imposed by a court, or

(iii)prohibited from entering or re-entering Great Britain.]

F61(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In this paragraph—

“chronically sick or mentally or physically disabled” has the meaning given in regulation 13(3)(b);

[F62“course of full-time, non-advanced education” means a course of full-time education which is not a course of advanced education and which is not provided to P by virtue of P’s employment or any office held by P, which is—

(a)

provided at a school or college, or

(b)

provided elsewhere but is approved by the Secretary of State as being such a course,

and for this purpose, “course of advanced education” has the same meaning as in regulation 61(1)]

“parent” includes a person acting in place of a parent which—

(a)

for the purposes of sub-paragraph (5)(a) and (b) has the meaning given in regulation 13(3)(a)(i), and

(b)

for the purposes of sub-paragraph (5)(c), has the meaning given in regulation 13(3)(a)(ii).

Textual Amendments

Certain persons aged 50 who have not been in remunerative work for 10 yearsE+W+S

F6316.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Certain persons aged between 55 and 60 whose spouse or civil partner has diedE+W+S

F6416A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Persons aged 60 or overE+W+S

F6517.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

RefugeesE+W+S

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.

F6618A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F67Persons required to attend court or tribunalE+W+S

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

Persons affected by a trade disputeE+W+S

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).

[F68Persons from abroadE+W+S

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

F68Sch. 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)

Persons in custodyE+W+S

22.  A person remanded in, or committed in, custody for trial or for sentencing.

Member of couple looking after children while other member temporarily abroadE+W+S

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.

Persons appealing against a decision [F69which embodies a determination] that they are not incapable of workE+W+S

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 [F70decision 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 [F71personal capability assessment]) that he is not incapable of work; and

(b)who has made and is pursuing an appeal against the [F72decision which embodies a] determination that he is not so incapable,

but only for the period [F73beginning with the date on which that determination takes effect until] the determination of his appeal.

Textual Amendments

F7426.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7427.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F75Persons engaged in training]E+W+S

28.  A person who is [F76not 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 [F77secured by the [F78[F79Secretary of State]F80...] or by the [F81Welsh Ministers]] and, in Scotland, directly or indirectly by a Local Enterprise Company pursuant to its arrangement with, as the case may be, [F82Skills 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

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