[F1(1)The conditions referred to in [F2section 1(2A)(b)] are that the claimant—
(a)has an income which does not exceed the applicable amount (determined in accordance with regulations under section 4) or has no income;
(b)is not entitled to income support[F3, state pension credit or an income-related employment and support allowance];
(c)is not a member of a family one of whose members is entitled to income support;
(d)is not a member of a family one of whose members is entitled to an income-based jobseeker’s allowance;
[F4(dd)is not a member of a [F5couple] the other member of which is entitled to state pension credit;]
[F6(de)is not a member of a couple the other member of which is entitled to an income-related employment and support allowance;]
(e)is not a member of a [F5couple] the other member of which is engaged in remunerative work; and
(f)is a person—
(i)who has reached the age of 18; or
(ii)in respect of whom a direction under section 16 is in force; or
(iii)who has, in prescribed circumstances to be taken into account for a prescribed period, reached the age of 16 but not the age of 18.
(2)Regulations may provide for one or both of the following conditions to be included in the income-based conditions, in the case of a person to whom subsection (1)(f)(ii) or (iii) applies—
(a)a condition that the claimant must register for employment;
(b)a condition that the claimant must register for training.
(3)In subsection (1)(f)(iii) “period” includes—
(a)a period of a determinate length;
(b)a period defined by reference to the happening of a future event; and
(c)a period of a determinate length but subject to earlier determination upon the happening of a future event.
(4)Regulations under subsection (2) may, in particular, make provision by reference to persons designated by the Secretary of State for the purpose of the regulations.]
Textual Amendments
F1Ss. 3-3B repealed (29.4.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/983, arts. 4(1)(c), 5, Sch. 1 (with arts. 6, 9(1), 22, Sch. 4) (as amended: (1.7.2013) by S.I. 2013/1511; (29.10.2013) by S.I. 2013/2657; (16.6.2014) by S.I. 2014/1452; (30.6.2014) by S.I. 2014/1661; (28.7.2014) by S.I. 2014/1923; (15.9.2014) by S.I. 2014/2321; (17.11.2014) by S.I. 2014/3067; (21.11.2014) by S.I. 2014/3094; (19.1.2015) by S.I. 2015/32 (as amended (10.2.2015) by S.I. 2015/101); (10.3.2015) by S.I. 2015/634; and (20.7.2015) by S.I. 2015/1537)
F2Words in s. 3(1) substituted (19.3.2001) by 1999 c. 30, s. 59, Sch. 7 para. 4(1); S.I. 2000/2958, art. 2(2)
F3Words in s. 3(1)(b) substituted (27.10.2008) by Welfare Reform Act 2007 (c. 5), ss. 28(1), 70(2), Sch. 3 para. 12(3)(a); S.I. 2008/787, art. 2(4)(f)
F4S. 3(1)(dd) inserted (2.7.2002 for certain purposes and otherwise 6.10.2003) by State Pension Credit Act 2002 (c. 16), ss. 14, 22(3), Sch. 2 Pt. 3 para. 37(b); S.I. 2002/1691, art. 2(l); S.I. 2003/1766, art. 2
F5Words in s. 3(1)(dd)(e) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 254(1), 263(8)(d), Sch. 24 para. 119; S.I. 2005/3175, art. 2(1), Sch. 1
F6S. 3(1)(de) inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), ss. 28(1), 70(2), Sch. 3 para. 12(3)(b); S.I. 2008/787, art. 2(4)(f)
Commencement Information
I1S. 3 wholly in force at 7.10.1996; s. 3 not in force at Royal Assent, see s. 41(2); s. 3(1)(f)(iii)(2)(3)(4) in force (12.12.1995) for the purpose of authorising the making of regulations by S.I. 1995/3228, art. 2(b), Sch.; s. 3 in force (7.10.1996) in so far as not already in force by S.I. 1996/2208, art. 2(b)