Part VIMembership of the Family

Persons of a prescribed description76

1

Subject to paragraph (2), a person of a prescribed description for the purposes of the definition of “family” in Article 2(2) of the Order (interpretation) is a person aged 16 or over but under 19 who is treated as a child for the purposes of section 138 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 Article 5(1)(d) of the Order (provision against dual entitlement), be so entitled, or

c

entitled to income support or would, but for section 130(2) of the Benefits Act (exclusion from benefit) be so entitled.