Part VIMembership of the Family

Persons of a prescribed description

76.—(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.