The Welfare Reform Act 2012 (Commencement No. 9 and Transitional and Transitory Provisions and Commencement No. 8 and Savings and Transitional Provisions (Amendment)) Order 2013

[F1 Caring responsibilities

6.— [F2 (1) There must not be a child or young person living with the claimant some or all of the time if the child or young person—

(a) has been certified as severely sight impaired or blind by a consultant ophthalmologist;

(b) is looked after by a local authority, within the meaning of section 22 of the Children Act 1989 or section 17(6) of the Children (Scotland) Act 1995, save where the child or young person is so looked after during any period referred to in regulation 4A(1)(a) of the Universal Credit Regulations; or

(c) is entitled to a disability living allowance or personal independence payment.]

(2) The claimant must not—

[F3 (a) be an adopter (within the meaning of the Universal Credit Regulations) with whom a child has been placed during the period of 12 months ending immediately before the date on which the claim for universal credit is made or with whom a child is expected to be placed during the period of two months beginning with that date; or]

(b) be a foster parent;

(c) be liable to pay child support maintenance under the Child Support Act 1991; or

(d) have any responsibility for providing care to a person who has a physical or mental impairment, other than in the course of paid or voluntary employment.

(3) For the purposes of this paragraph—

(a) “child” has the same meaning as in Part 1 of the Act;

(b) “foster parent” means—

(i) in relation to England, a person who is approved as a foster parent under the Fostering Services (England) Regulations 2011;

(ii) in relation to Wales, a person who is approved as a foster parent under the Fostering Services (Wales) Regulations 2003;

(iii) in relation to Scotland, a person who is approved as a kinship carer or a foster carer under the Looked After Children (Scotland) Regulations 2009[F4 ;

(c) “young person” means a person—

(i) who is not a child but who is under the age of 20; and

(ii) for whom the claimant would be responsible for the purposes of regulation 4 of the Universal Credit Regulations, if the person were a qualifying young person within the meaning of regulation 5 of those Regulations.]]

Textual Amendments

F1 Sch. 5 inserted (16.6.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14 and 16 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/1452), arts. 3, 16

F2 Sch. 5 para. 6(1) substituted (26.1.2015 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14, 16, 17 and 19 and Transitional and Transitory Provisions (Amendment)) Order 2015 (S.I. 2015/32), arts. 3(1), 4(5)(b)(i)

F3 Sch. 5 para. 6(2)(a) substituted (26.1.2015 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14, 16, 17 and 19 and Transitional and Transitory Provisions (Amendment)) Order 2015 (S.I. 2015/32), arts. 3(1), 4(5)(b)(ii)

F4 Sch. 5 para. 6(3)(c) added (26.1.2015 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14, 16, 17 and 19 and Transitional and Transitory Provisions (Amendment)) Order 2015 (S.I. 2015/32), arts. 3(1), 4(5)(b)(iii)