PART IICONDITIONS OF ENTITLEMENT
F29Prescribed categories of person4ZA
1
Subject to the following provisions of this regulation, a person to whom any paragraph of Schedule 1B applies falls within a prescribed category of person for the purposes of section 124(1)(e) of the Contributions and Benefits Act (entitlement to income support).
2
Paragraph (1) does not apply to a F53full-time student during the period of study.
3
A F53full-time student during the period of study falls within a prescribed category of person for the purposes of section 124(1)(e) of the Contributions and Benefits Act only if—
a
F47paragraph 1 of Part I of the Schedule to the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 applies to him; or
b
paragraph 1, 2, 10, 11, 12, or 18 of Schedule 1B applies to him; or
c
d
he is taking part in the scheme known as the Adult Learning Option (which is provided in pursuance of arrangements made by or on behalf of the Secretary of State under section 2 of the Employment and Training Act 1973).
F573A
Paragraph (1) does not apply to a person to whom section 6 of the Children (Leaving Care) Act 2000 (exclusion from benefits) applies.
F434
A person who falls within a prescribed category in Schedule 1B for the purposes of this regulation for any day in a benefit week, shall fall within that category for the whole of that week.
Temporary absence from Great BritainI14
1
Where a claimant is entitled to income support for a period immediately preceding a period of temporary absence from Great Britain, his entitlement to income support F9shall continue only—
a
in the circumstances specified in paragraph (2), during the first 4 weeks of that period of temporary absence; and
b
in the circumstances specified in paragraph (3), during the first 8 weeks of that period.
2
The circumstances in which a claimant's entitlement to income support is to continue during the first four weeks of a temporary absence from Great Britain are that—
a
the period of absence is unlikely to exceed 52 weeks; and
b
while absent from Great Britain, the claimant continues to satisfy the other conditions of entitlement to income support; and
c
any one of the following conditions applies—
F30i
the claimant falls within one or more of the prescribed categories of person listed in Schedule 1B other than paragraphs 7, 15, 20, 21, 24, 25, 26 or 27 of that Schedule; or
F30ii
the claimant falls within paragraph 7 of Schedule 1B (persons incapable of work) and his absence from Great Britain is for the sole purpose of receiving treatment from an appropriately qualified person for the incapacity by reason of which he satisfies the conditions of that paragraph; or
iii
he is in Northern Ireland; or
iv
C1F28v
on the day on which the absence began he had satisfied the provisions of F31paragraph 7 of Schedule 1B (persons incapable of work) for a continuous period of not less than—
aa
196 days in the case of a claimant who is terminally ill within the meaning of section 30B(4) of the Contributions and Benefits Act, or who is entitled to the highest rate of the care component of disability living allowance; or
bb
364 days in any other case,
and for this purpose any two or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period.
F103
The circumstances in which a claimant’s entitlement to income support is to continue during the first 8 weeks of a temporary absence from Great Britain are that—
a
the period of absence is unlikely to exceed 52 weeks; and
b
the claimant continues to satisfy the other conditions of entitlement to income support; and
c
the claimant is, or the claimant and any other member of his family are, accompanying a member of the claimant’s family who is a child or young person solely in connection with arrangements made for the treatment of that child or young person for a disease or bodily or mental disablement; and
d
those arrangements relate to treatment—
i
outside Great Britain;
ii
during the period whilst the claimant is, or the claimant and any member of his family are, temporarily absent from Great Britain; and
iii
by, or under the supervision of, a person appropriately qualified to carry out that treatment.
F603A
A claimant’s entitlement to income support shall continue during a period of temporary absence from Great Britain if—
a
he satisfied the conditions of entitlement to income support immediately before the beginning of that period of temporary absence; and
b
that period of temporary absence is for the purpose of the claimant receiving treatment at a hospital or other institution outside Great Britain where that treatment is being provided—
i
under section 3 of the National Health Service Act 1977 (services generally);
ii
pursuant to arrangements made under section 23 of that Act (voluntary organisations and other bodies); or
iii
pursuant to arrangements made under paragraph 13 of Schedule 2 to the National Health Service and Community Care Act 1990 (National Health Service Trusts – specific powers).
F104
In paragraphs (2) and (3) “appropriately qualified” means qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment.
Persons treated as engaged in remunerative workI2C25
1
Subject to the following provisions of this regulation, for the purposes of section 20(3)(c) of the Act (conditions of entitlement to income support), remunerative work is work in which a person is engaged, or, where his hours of work fluctuate, he is engaged on average, for F17not less than 16 hours a week being work for which payment is made or which is done in expectation of payment.
F331A
In the case of any partner of the claimant paragraph (1) shall have effect as though for the words “16 hours" there were substituted the words “24 hours".
2
F25Subject to paragraph (3B), the number of hours for which a person is engaged in work shall be determined—
a
where no recognisable cycle has been established in respect of a person's work, by reference to the number of hours or, where those hours are likely to fluctuate, the average of the hours, which he is expected to work in a week;
b
where the number of hours for which he is engaged fluctuate, by reference to the average of hours worked over—
i
if there is a recognisable cycle of work, the period of one complete cycle (including, where the cycle involves periods in which the person does no work, those periods but disregarding any other absences);
ii
in any other case, the period of five weeks immediately before the date of claim or the date F46on which a superseding decision is made under section 10 (decisions superseding earlier decisions) of the Social Security Act 1998, or such other length of time as may, in the particular case, enable the person's average hours of work to be determined more accurately.
3
A person shall be treated as engaged in remunerative work during any period for which he is absent from work referred to in paragraph (1) if the absence is either without good cause or by reason of a recognised, customary or other holiday.
F213A
A person shall not be treated as engaged in remunerative work on any day on which the person is on maternity leaveF58, paternity leave or adoption leave or is absent from work because he is ill.
F263B
Where for the purpose of paragraph (2)(b)(i), a person’s recognisable cycle of work at a school, other educational establishment or other place of employment is one year and includes periods of school holidays or similar vacations during which he does not work, those periods and any other periods not forming part of such holidays or vacations during which he is not required to work shall be disregarded in establishing the average hours for which he is engaged in work.
4
A person who makes a claim and to whom or whose partner section 23 of the Act (trade disputes) applies F3or applied shall, for the period of seven days following the date on which the stoppage of work due to a trade dispute at his or his partner's place of work commenced or, if there is no stoppage, the date on which he or his partner first withdrew his labour in furtherance of a trade dispute, be treated as engaged in remunerative work.
5
F72Subject to paragraph (5A), a person who was, or was treated as being, engaged in remunerative work and in respect of that work earnings to which F8regulation 35(1)(b) to (d) and (i) (earnings of employed earners) applies are F6paid shall be treated as being engaged in remunerative work for the period for which those earnings are taken into account in accordance with Part V.
F715A
Paragraph (5) shall not apply to earnings disregarded under paragraph 1 of Schedule 8 to these regulations.
F46
For the purposes of this regulation, in determining the number of hours in which a person is engaged or treated as engaged in remunerative work, no account shall be taken of any hours in which the person is engaged in an employment or a scheme to which F48regulation 6(1) (persons not treated as engaged in remunerative work) applies.
F117
For the purposes of paragraphs (1) and (2), in determining the number of hours for which a person is engaged in work, that number shall include any time allowed to that person by his employer for a meal or for refreshment, but only where that person is, or expects to be, paid earnings in respect of that time.
F548
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F549
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F5410
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Persons not treated as engaged in remunerative workI36
F451
A person shall not be treated as engaged in F5remunerative work in so far as—
F50a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
he is engaged in child minding in his home;
c
he is engaged by a charity or F22voluntary organisationF27..., or is a volunteer where the only payment received by him or due to be paid to him, is a payment which is to be disregarded under regulation 40(2) and paragraph 2 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings);
d
he is engaged on a scheme for which a training allowance is being paid; F14...
F59dd
he is receiving assistance under the self-employment route;
F52e
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F52f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F52g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15h
he is engaged in any one of the employments mentioned in heads (a) to (d) of sub-paragraph (1) of paragraph 7 of Schedule 8 (which relates to persons serving as firemen, in coastal rescue activities etc); F18...
F15j
F20k
he is engaged in caring for a person who is accommodated with him by virtue of arrangements made under any of the provisions referred to in paragraph 26 F23or in accordance with paragraph 27 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) and is in receipt of any payment specified in F24those paragraphs.
F44m
he is engaged in an activity in respect of which—
i
a sports award has been made, or is to be made, to him; and
ii
no other payment is made or is expected to be made to him.
F612
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F623
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F494
The following persons shall not be treated as engaged in remunerative work–
a
a person who is mentally or physically disabled and by reason of that disability–
i
his earnings are reduced to 75 per cent. or less of what a person without that disability and working the same number of hours would reasonably be expected to earn in that employment or in comparable employment in the area; or
ii
his number of hours of work are 75 per cent. or less of what a person without that disability would reasonably be expected to undertake in that employment or in comparable employment in the area;
b
subject to regulation 5(4) and (5) (persons treated as engaged in remunerative work), a person to whom section 126 of the Contributions and Benefits Act (trade disputes) applies or in respect of whom section 124(1) of that Act (conditions of entitlement to income support) has effect as modified by section 127(b) of that Act (effect of return to work);
c
a person to whom paragraph 4 of Schedule 1B applies;
F66d
a person who—
i
is in employment;
ii
lives in, or is temporarily absent from, a care home, an Abbeyfield Home or an independent hospital; and
iii
requires personal care by reason of old age, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness.
F555
A person shall not be treated as engaged in remunerative work for the period specified in paragraph (6) in so far as—
a
he or his partner is engaged in work which—
i
is remunerative work; and
ii
he, or his partner, is expected to be engaged in for a period of no less than five weeks;
b
he or his partner had, for a continuous period of 26 weeks ending on the day before the day on which he commenced the work referred to in sub-paragraph (a), been entitled to and in receipt of income support or an income-based jobseeker’s allowance;
c
he or his partner had, as at the day before the day on which he commenced the work referred to in sub-paragraph (a), an applicable amount which included—
i
an amount determined in accordance with Schedule 3 (housing costs) as applicable to him in respect of F73housing costs which qualify under paragraphs 15 to 17 of that Schedule; or
ii
an amount determined in accordance with Schedule 2 to the Jobseeker’s Allowance Regulations 1996 (housing costs) as applicable to him in respect of F74housing costs which qualify under paragraphs 14 to 16 of that Schedule; and
d
he or his partner remain liable to make payments F75in respect of such housing costs.
6
A person referred to in paragraph (5) shall not be treated as engaged in remunerative work for—
a
the period of four weeks commencing with the day on which he was first engaged in the work referred to in sub-paragraph (a) of that paragraphF64...
F63b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
8
In paragraph (5), a reference to the claimant or his partner being entitled to and in receipt of an income-based jobseeker’s allowance or to an amount being applicable to either of them under the Jobseeker’s Allowance Regulations 1996 shall include a reference to the claimant and his partner being entitled to, and in receipt of, a joint-claim jobseeker’s allowance and to an amount being applicable to that couple under those Regulations.
Meaning of employmentF34I47
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Persons not required to be available for employmentF35I58
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Persons treated as available for employmentF36I69
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Circumstances in which claimants are not to be treated as available for employmentF37I710
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Actively seeking employmentF3810A
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Registration for employmentF39I811
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Relevant EducationI9F6712
For the purposes of these Regulations, a person is to be treated as receiving relevant education if he is a qualifying young person within the meaning of section 142 of the Contributions and Benefits Act (child and qualifying young person).
Circumstances in which persons in relevant education are to be entitled to income supportI1013
1
Notwithstanding that a person is to be treated as receiving relevant education under regulation 12 (relevant education) he shall, if paragraph (2) applies to him and he satisfies the other conditions of entitlement to income support, be entitled to income support.
2
This paragraph applies to F13a person F68who is a qualifying young person within the meaning of section 142 of the Contributions and Benefits Act (child and qualifying young person) (hereinafter referred to as an eligible person) who—
a
is the parent of a child for whom he is treated as responsible under regulation 15 (circumstances in which a person is to be treated as responsible or not responsible for another) and who is treated as a member of his household under regulation 16 (circumstances in which a person is to be treated as being or not being a member of the household); or
F69b
has in his applicable amount the disability premium or severe disability premium; or
bb
has satisfied the provisions of paragraph 7 of Schedule 1B for a continuous period of not less than 196 days, and for this purpose any two or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period; or
bc
he is a person to whom paragraph 1 of Part I of the Schedule to the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 applies; or
c
has no parent nor any person acting in the place of his parents; or
F7d
of necessity has to live away from his F12parents and any person acting in the place of his parents because–
i
he is estranged from his F12parents and that person; or
ii
he is in physical or moral danger; or
iii
there is a serious risk to his physical or mental health;
F16dd
has ceased to live in accommodation provided for him by a local authority under Part III of the Children Act 1989 (local authority support for children and families) and is of necessity living away from his parents and any person acting in place of his parents;
e
is living away from his parents and any person acting in the place of his parents in a case where his parents are or, as the case may be, that person is unable financially to support him and—
i
chronically sick or mentally or physically disabled; or
ii
detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or
iii
prohibited from entering or re-entering Great Britain; or
F41f
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F41g
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F42h
is a person to whom paragraph 18 of Schedule 1B (refugees) applies.
3
In this regulation—
F56a
any reference to a person acting in the place of an eligible person’s parents includes—
i
for the purposes of paragraph (2)(c), (d) and (dd), a reference to a local authority or voluntary organisation where the eligible person is being looked after by them under a relevant enactment or where the eligible person is placed by the local authority or voluntary organisation with another person, that other person, whether or not a payment is made to him;
ii
for the purposes of paragraph (2)(e), the person with whom the person is so placed;
b
“chronically sick or mentally or physically disabled” means, in relation to a person to whom that expression refers, a person—
i
in respect of whom the condition specified in paragraph 12(1) of Schedule 2 (additional condition for the higher pensioner and disability premiums) is satisfied; or
ii
in respect of whom an amount under article 26 of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983 F1 (provision of expenses in respect of appropriate aids for disabled living) is payable in respect of the cost of providing a vehicle, or maintaining a vehicle to a disabled person; or
iii
who is substantially and permanently disabled.
Persons under 18 yearsF4013A
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