The Income Support (General) Regulations 1987

PART III E+W+S MEMBERSHIP OF THE FAMILY

Persons of a prescribed description E+W+S

14.—(1) Subject to paragraph (2), a person of a prescribed description for the purposes of section 20(11) of the Act as it applies to income support (definition of the family) and section 23(1) [F1 and (3)] of the Act (trade disputes) is a person aged 16 or over but under 19 who is treated as a child for the purposes of section 2 of the Child Benefit Act 1975 (meaning of child), and in these Regulations such a person is referred to as a “young person”.

(2) Paragraph (1) shall not apply to [F2 a person who is receiving advanced education within the meaning of regulation 12(2) (relevant education) or to] a person who is entitled to income support or would, but for section 20(9) of the Act (provision against dual entitlement of members of family), be so entitled.

Textual Amendments

F1 Words in reg. 14(1) substituted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 5

F2 Words in reg. 14(2) inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 6

Commencement Information

I1 Reg. 14 in force at 11.4.1988, see reg. 1

Circumstances in which a person is to be treated as responsible or not responsible for another E+W+S

15.—(1) Subject to the following provisions of this regulation a person shall be treated as responsible for a child or young person for whom he has primary responsibility.

(2) Where a child or young person spends equal amounts of time in different households, or where there is a question as to who has primary responsibility for him, the child or young person shall be treated for the purposes of paragraph (1) as being the primary responsibility of—

(a) the person who is receiving child benefit in respect of him; or

(b) if there is no such person—

(i) where only one claim for child benefit has been made in respect of him, the person who made that claim; or

(ii) in any other case the person who has the primary responsibility for him.

(3) Where regulation 16(6) (circumstances in which a person is to be treated as being or not being a member of the household) applies in respect of a child or young person, that child or young person shall be treated as the responsibility of the claimant for that part of the week for which he is under that regulation treated as being a member of the claimant's household.

(4) Except where paragraph (3) applies, for the purposes of these Regulations a child or young person shall be treated as the responsibility of only one person in any benefit week and any person other than the one treated as responsible for the child or young person under this regulation shall be treated as not so responsible.

Commencement Information

I2 Reg. 15 in force at 11.4.1988, see reg. 1

Circumstances in which a person is to be treated as being or not being a member of the household E+W+S

16.—(1) Subject to paragraphs (2) to (5), the claimant and any partner and, where the claimant or his partner is treated as responsible under regulation 15 (circumstances in which a person is to be treated as responsible or not responsible for another) for a child or young person, that child or young person and any child of that child or young person shall be treated as members of the same household [F3 notwithstanding that any of them] is absent from the dwelling occupied as his home.

(2) Paragraph (1) shall not apply in respect of any person referred to therein who is not treated as occupying a dwelling as his home because he fails to satisfy the conditions in sub-paragraph (8) of paragraph 4 of Schedule 3 (housing costs) [F4 unless that person has been a patient within the meaning of regulation 21(3) for a period in excess of 52 weeks and is not a member of a couple or of a polygamous marriage].

(3) Paragraph (1) shall not apply in respect of any member of a couple or of a polygamous marriage where—

(a) one, both or all of them are patients detained in a hospital provided under section 4 of the National Health Service Act 1977 F5 (special hospitals) or section 90(1) of the Mental Health (Scotland) Act 1984 F6 (provision of hospitals for patients requiring special security); or

(b) one, both or all of them are detained in custody pending trial or sentence upon conviction or whilst serving a sentence imposed by a court; or

(c) one of them is in accommodation and, if the accommodation is accommodation provided under the provisions referred to [F7 in] [F8 any of sub-paragraphs (a) to (d) ([F9 excluding heads (i) and (ii)] of sub-paragraph (d)) of the definition of residential accommodation] in regulation 21(3) (special cases), the couple, or as the case may be, the members of the polygamous marriage are not entitled to income support and they have insufficient income to meet the minimum charge for that accommodation; or

(d) the claimant is abroad and does not satisfy the conditions of regulation 4 (temporary absence from Britain); or

(e) one of them is permanently in residential accommodation or a residential care home or a residential nursing home.

(4) A child or young person shall not be treated as a member of the claimant's household where he is—

(a) boarded out with the claimant or his partner under a relevant enactment; or

(b) boarded out with the claimant or his partner prior to adoption; or

(c) placed for adoption with the claimant or his partner pursuant to a decision under the Adoption Agencies Regulations 1983 F10 or the Adoption Agencies (Scotland) Regulations 1984 F11 .

(5) Subject to paragraph (6), paragraph (1) shall not apply to a child or young person who is not living with the claimant [F12 and who]—

(a) [F13 in a case which does not fall within sub-paragraph (aa),] has been continuously absent from Great Britain for a period of more than four weeks commencing—

(i) where he went abroad before the date of claim for income support, with that date;

(ii) in any other case, [F14 on the day which immediately follows the day] on which he went abroad; or

[F15 (aa) where regulation 4(3) or paragraph 11A or 12A of Schedule 7 (temporary absence abroad for the treatment of a child or young person) applies, has been continuously absent from Great Britain for a period of more than 8 weeks, that period of 8 weeks commencing—

(i) where he went abroad before the date of the claim for income support, on the date of that claim;

(ii) in any other case, on the day which immediately follows the day on which he went abroad; or]

(b) has been an in-patient or in [F16 accommodation provided under any of the provisions referred to in [F17 any of sub-paragraphs (a) to (d) ([F18 excluding heads (i) and (ii)] of sub-paragraph (d)) of the definition of residential accommodation”] in regulation 21(3)] for a continuous period of more than 12 weeks commencing—

(i) where he became an in-patient or, as the case may be, entered that accommodation before the date of the claim for income support, with that date; or

(ii) in any other case, with the date on which he became an in-patient or entered that accommodation,

and, in either case, has not been in regular contact with either the claimant or any member of the claimant's household; or

(c) is in the care of a local authority under a relevant enactment; or

(d) has been boarded out with a person other than the claimant prior to adoption; or

(e) has been placed for adoption pursuant to a decision under the Adoption Agencies Regulations 1983 or the Adoption Agencies (Scotland) Regulations 1984; or

(f) is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court.

(6) A child or young person to whom any of the circumstances mentioned in sub-paragraphs (c) or (f) of paragraph (5) applies shall be treated as being a member of the claimant's household only for that part of any benefit week where that child or young person lives with the claimant.

(7) Where a child or young person for the purposes of attending the educational establishment at which he is receiving relevant education is living with the claimant or his partner and neither one is treated as responsible for that child or young person that child or young person shall be treated as being a member of the household of the person treated as responsible for him and shall not be treated as a member of the claimant's household.

(8) In this regulation—

(a) “relevant enactment” means the Army Act 1955 F19 , the Air Force Act 1955 F20 , the Naval Discipline Act 1957 F21 , the Adoption Act 1958 F22 , the Matrimonial Proceedings Children Act 1958 F23 , the Children Act 1958 F24 , the Social Work (Scotland) Act 1968 F25 , the Family Law Reform Act 1969 F26 , the Children and Young Persons Act 1969 F27 , the Matrimonial Causes Act 1973 F28 , the Guardianship Act 1973 F29 , the Children Act 1975 F30 , the Domestic Proceedings and Magistrates' Courts Act 1978 F31 , the Adoption (Scotland) Act 1978 F32 , the Child Care Act 1980 F33 , and the Foster Children Act 1980 F34 ;

(b) “voluntary organisation” has the meaning assigned to it in the Child Care Act 1980 or, in Scotland, the Social Work (Scotland) Act 1968.

Textual Amendments

F3 Words in reg. 16(1) substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 8(a)

F4 Words in reg. 16(2) added (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 8(b)

F5 1977 c. 49; section 4 was amended by section 148, Schedule 4, paragraph 47 of the Mental Health Act 1983 (c. 20).

F6 1984 c. 36.

F7 Words in reg. 16(3)(c) substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 8(c)

F8 Words in reg. 16(3)(c) substituted (with effect in accordance with reg. 1(1)(a) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 3

F9 Words in reg. 16(3)(c) substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 3

F10 S.I. 1983/1964.

F11 S.I. 1984/988.

F12 Words in reg. 16(5) substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 8(d)(i)

F13 Words in reg. 16(5)(a) inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 7(a)

F14 Words in reg. 16(5)(a) substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 7(a)

F15 Reg. 16(5)(aa) inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 7(b)

F16 Words in reg. 16(5)(b) substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 8(d)(ii)

F17 Words in reg. 16(5)(b) substituted (with effect in accordance with reg. 1(1)(a) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 3

F18 Words in reg. 16(5)(b) substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 3

F19 1955 c. 18.

F20 1955 c. 19.

F21 1957 c. 53.

F22 1958 c. 5.

F23 1958 c. 40.

F24 1958 c. 65.

F25 1968 c. 49.

F26 1969 c. 46.

F27 1969 c. 54.

F28 1973 c. 18.

F29 1973 c. 29.

F30 1975 c. 72.

F31 1978 c. 22.

F32 1978 c. 28.

F33 1980 c. 5.

F34 1980 c. 6.

Commencement Information

I3 Reg. 16 in force at 11.4.1988, see reg. 1