SCHEDULE 2PERIODS OF VALIDITY OF NOTICES OF ENTITLEMENT

Regulation 9(9)

(1)

(2)

Description of claimant or his partner and period in which claim made

Period of effectiveness of notice of entitlement

1.

A person whose entitlement to income support is less than 10p.

6 months from the date on which income support would have been payable if any had been payable.

2.

A person in receipt of disability working allowance whose capital does not exceed £8,000.

The period starting on the date of claim and ending on the expiry of the award of disability working allowance.

3.

A person who is not, and does not have a partner who is, engaged in remunerative work and who–

(a)

is aged 60 or over; or

(b)

is entitled to a disability premium determined in accordance with paragraphs 11 and 12 of Schedule 2 to the Income Support (General) Regulations 198765.

12 months from the date of claim.

4.

A person who is not, and does not have a partner who is, engaged in remunerative work as an employed earner and who is engaged in remunerative work as a self-employed earner who has earnings as a self-employed earner calculated in accordance with the provisions of regulation 30(1) of the Income Support (General) Regulations 198766 as modified for the purposes of these Regulations in Table A of Part I of Schedule 1.

13 months from the date of claim.

5.

A full-time student who is, or whose partner is, engaged in remunerative work, and the claim is made during a period of study falling within the final or only year of that student’s course.

The period starting on the date of claim and ending–

  1. (a)

    6 months after that date; or

  2. (b)

    on the last day of the course of study,

whichever is the earlier.

6.

A full-time student who is not, and whose partner is not, engaged in remunerative work and the claim is made during a period of study falling within the final or only year of that student’s course.

The period starting on the date of claim and ending on the last day of the course.

7.

A full-time student who is not, and whose partner is not, engaged in remunerative work, and the claim is made during a period of study falling outside the final or only year of that student’s course.

The period starting on the date of claim and ending–

  1. (a)

    1 month later than the first day of the next period of study; or

  2. (b)

    6 months after that date,

whichever is the later.

8.

A person whose entitlement to an income-based jobseeker’s allowance is less than 10 pence.

6 months from the date on which an income-based jobseeker’s allowance would have been payable if it had been payable.

9.

A person who lives in accommodation provided a care home service provider or by a local authority under the Social Work (Scotland) Act 196867.

12 months from the date of claim.

10.

A relevant child within the meaning of section 23A of the Children Act 1989 whom a responsible local authority is supporting under section 23B(8) of that Act.

12 months or until the child’s 18th birthday whichever is longer.

NOTE: For the purposes of this Schedule–

“employed earner” and “self-employed earner” shall be construed in accordance with section 2(1) of the Social Security Contributions and Benefits Act 199268;
“period of study” has the meaning assigned to it by regulation 61 of the Income Support (General) Regulations 1987 (“the 1987 Regulations”)69;
“remunerative work” has the meaning assigned to it by regulation 5(1) of the 1987 Regulations70; and
“full-time student” has the meaning assigned to it by regulation 61 of the 1987 Regulations71.