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SCHEDULES

SCHEDULE 1Employment and support allowance: additional conditions

Part 1Contributory allowance

Condition relating to youth

4(1)The third condition is that —

(a)the claimant was under 20 or, in prescribed cases, 25 when the relevant period of limited capability for work began,

(b)he is not receiving full-time education,

(c)he satisfies such conditions as may be prescribed with respect to residence or presence in Great Britain (or both), and

(d)there has been a day in the relevant period of limited capability for work—

(i)which was a day on which he was aged at least 16, and

(ii)which was preceded by a period of 196 consecutive days throughout which he had limited capability for work.

(2)In sub-paragraph (1), “relevant period of limited capability for work” means the period of limited capability for work which includes the relevant benefit week.

(3)Regulations may prescribe circumstances in which sub-paragraph (1)(a) does not apply in the case of a person who has previously ceased to be entitled to an employment and support allowance to which he was entitled by virtue of satisfying the condition set out in sub-paragraph (1).

(4)Regulations may make provision about when, for the purposes of sub-paragraph (1)(b), a person is, or is not, to be treated as receiving full-time education.