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 [F2 who falls within the definition of qualifying young person in section 142 of the Contributions and Benefits Act (child and qualifying young person)], and in these Regulations such a person is referred to as a “young person”.

[F3 (2) Paragraph (1) shall not apply to a person who is—

F4 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) entitled to income support or would, but for section 134(2) (provision against dual entitlement of members of family) of the Contributions and Benefits Act, be so entitled; F5 ...

(c) a person to whom section 6 of the Children (Leaving Care) Act 2000 (exclusion from benefits) applies] [F6 F7 ...

(d) entitled to an employment and support allowance or would, but for paragraph 6(1)(d) of Schedule 1 to the Welfare Reform Act (conditions of entitlement to income-related employment and support allowance), be so entitled][F8 ; or

(e) entitled to universal credit]

[F9 (3) A person of a prescribed description for the purposes of section 137(1) of the Contributions and Benefits Act as it applies to income support (definition of family) includes a child or young person in respect of whom section 145A of that Act applies for the purposes of entitlement to child benefit but only for the period prescribed under section 145A(1) of that Act.]

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(1) substituted (10.4.2006) by The Social Security (Young Persons) Amendment Regulations 2006 (S.I. 2006/718), regs. 1(2)(a), 2(4)(a)

F3 Reg. 14(2) substituted (1.10.2001) by The Children (Leaving Care) Act 2000 (Commencement No. 2 and Consequential Provisions) Order 2001 (S.I. 2001/3070), art. 3(1), Sch. 1 (b)

F4 Reg. 14(2)(a) omitted (10.4.2006) by virtue of The Social Security (Young Persons) Amendment Regulations 2006 (S.I. 2006/718), regs. 1(2)(a), 2(4)(b)

F5 Word in reg. 14(2)(b) omitted (27.10.2008) by virtue of The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 2(4)(a)

F6 Reg. 14(2)(d) and word added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 2(4)(b)

F7 Word in reg. 14(2) omitted (29.4.2013) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 28(3)(a)

F8 Reg. 14(2)(e) and word inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 28(3)(b)

F9 Reg. 14(3) added (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Working Tax Credit and Child Tax Credit) (Amendment) Regulations 2002 (S.I. 2002/2402), reg. 1(2), Sch. 1 para. 2

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.— [F10 (1) Subject to the following provisions of this regulation, a person is to be treated as responsible for a child or young person for whom he is receiving child benefit [F11 and this includes a child or young person to whom paragraph (3) of regulation 14 applies.]

(1A) In a case where a child (“the first child”) is in receipt of child benefit in respect of another child (“the second child”), the person treated as responsible for the first child in accordance with the provisions of this regulation shall also be treated as responsible for the second child.

(2) In the case of a child or young person in respect of whom no person is receiving child benefit, the person who shall be treated as responsible for that child or young person shall be—

(a) except where sub-paragraph (b) applies, the person with whom the child or young person usually lives; or

(b) where only one claim for child benefit has been made in respect of the child or young person, the person who made that claim.]

(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.

Textual Amendments

F10 Reg. 15(1)(1A)(2) substituted for reg. 15(1)(2) (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 5

F11 Words in reg. 15(1) added (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Working Tax Credit and Child Tax Credit) (Amendment) Regulations 2002 (S.I. 2002/2402), reg. 1(2), Sch. 1 para. 3

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 [F12 notwithstanding that any of them] [F13 is temporarily living away from the other members of his family].

[F14 (2) Paragraph (1) shall not apply to a person who is living away from the other members of his family where—

(a) that person does not intend to resume living with the other members of his family; or

(b) his absence from the other members of his family is likely to exceed 52 weeks, unless there are exceptional circumstances (for example the person is in hospital or otherwise has no control over the length of his absence), and the absence is unlikely to be substantially more than 52 weeks.]

(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 F15 ([F16 high security psychiatric services]) or [F17 section 102 of the National Health Service (Scotland) Act 1978 (state hospitals)]; or

[F18 (b) one, both or all of them are—

(i) detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or

(ii) on temporary release in accordance with the provisions of [F19 the Prison Act 1952 or] the Prisons (Scotland) Act 1989;]

F20 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F21 residing in a care home, an Abbeyfield Home or an independent hospital].

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

[F22 (a) placed with the claimant or his partner by a local authority under [F23 section 22C(2)] of the Children Act 1989 or by a voluntary organisation under section 59(1)(a) of that Act; or

[F24 (aa) placed with the claimant or his partner by a local authority under section 81(2) of the Social Services and Well-being (Wales) Act 2014; or]

(b) placed 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 F25 or [F26 the Adoption Agencies (Scotland) Regulations 2009].

(5) Subject to paragraph (6), paragraph (1) shall not apply to a child or young person who is not living with the claimant [F27 and who]—

(a) [F28 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) [F29 subject to paragraph (5A),] where he went abroad before the date of claim for income support, with that date;

(ii) in any other case, [F30 on the day which immediately follows the day] on which he went abroad; or

[F31 (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) [F32 subject to paragraph (5A),] 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 [F33 accommodation F34 ...] for a continuous period of more than 12 weeks commencing—

(i) [F35 subject to paragraph (5A),] 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

[F36 (c) is being looked after by a local authority under a relevant enactment; or

(d) has been placed 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 [F37 the Adoption Agencies (Scotland) Regulations 2009]; or

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

[F38 (5A) Sub-paragraphs (a)(i), (aa)(i) and (b)(i) of paragraph (5) shall not apply in a case where immediately before the date of claim for income support the claimant was entitled to an income-based jobseeker’s allowance.]

(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—

[F39 (za) “accommodation” means accommodation provided by a local authority in a home owned or managed by that local authority—

(i) under sections 21 to 24 of the National Assistance Act 1948 (provision of accommodation),

(ii) in Scotland, under section 13B or 59 of the Social Work (Scotland) Act 1968 (provision of residential or other establishment), F40 ...

(iii) under section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (care and support services etc.), F41 ...

[F42 (iv) under section 18 or 19 of the Care Act 2014 (duty and power to meet needs for care and support), [F43 or

(v) under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014 (duty and power to meet care and support needs of an adult),]

where the accommodation is provided for a person whose stay in that accommodation has become other than temporary;]

[F44 (a) “relevant enactment” means the Army Act 1955, the Social Work (Scotland) Act 1968, the Matrimonial Causes Act 1973, [F45 the Adoption and Children (Scotland) Act 2007], the Family Law Act 1986 [F46 , the Children Act 1989 and the Social Services and Well-being (Wales) Act 2014].]

(b) “voluntary organisation” has the meaning assigned to it in the [F47 Children Act 1989] or, in Scotland, the Social Work (Scotland) Act 1968.]

Textual Amendments

F12 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)

F13 Words in reg. 16(1) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 6(2)

F14 Reg. 16(2) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 6(3)

F15 1977 c. 49; section 4 was amended by section 148, Schedule 4, paragraph 47 of the Mental Health Act 1983 (c. 20).

F16 Words in reg. 16(3)(a) substituted (2.10.2006) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), regs. 1(3), 5(2)

F17 Words in reg. 16(3)(a) substituted (E.W.) (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078), art. 1(1), Sch. 2 para. 3(3); and (S.) (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Subordinate Legislation) Order 2005 (S.S.I. 2005/445), arts. 1, 2, sch. para. 3(2)

F18 Reg. 16(3)(b) substituted (with effect in accordance with reg. 1(6) of the amending S.I.) by The Income-related Benefits Schemes and Social Fund (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1944), regs. 1(1)(a), 6(5) (with reg. 13)

F19 Words in reg. 16(3)(b)(ii) omitted (temp.) (8.4.2020) by virtue of The Social Security (Coronavirus) (Prisoners) Regulations 2020 (S.I. 2020/409), regs. 1, 3(1)(a) (with reg. 6(2)); (as amended (12.5.2021) by The Social Security (Coronavirus) (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/476), regs. 1, 4(6))

F20 Reg. 16(3)(c) omitted (1.4.1993) by virtue of The Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992 (S.I. 1992/3147), reg. 1(1), Sch. 1 para. 1

F21 Words in reg. 16(3)(e) substituted (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 1 para. 3(a)

F22 Reg. 16(4)(a)(b) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), reg. 1(1), Sch. para. 3(a) (with Sch. para. 11)

F23 Words in reg. 16(4)(a) substituted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 20(2)

F24 Reg. 16(4)(aa) inserted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 2(3)(a)

F25 S.I. 1983/1964.

F26 Words in reg. 16(4)(c) substituted (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 1 para. 9(2)(a)

F27 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)

F28 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)

F29 Words in reg. 16(5)(a)(i) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), regs. 1(1), 8(2)

F30 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)

F31 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)

F32 Words in reg. 16(5)(aa)(i) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), regs. 1(1), 8(2)

F33 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)

F34 Words in reg. 16(5)(b) omitted (24.10.2005) by virtue of The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 1 para. 3(b)

F35 Words in reg. 16(5)(b)(i) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), regs. 1(1), 8(2)

F36 Reg. 16(5)(c)(d) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), reg. 1(1), Sch. para. 3(b) (with Sch. para. 11)

F37 Words in reg. 16(5)(e) substituted (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 1 para. 9(2)(a)

F38 Reg. 16(5A) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), regs. 1(1), 8(3)

F39 Reg. 16(8)(za) inserted (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 1 para. 3(c)

F40 Word in reg. 16(8)(za)(ii) omitted (1.4.2015) by virtue of The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 5(2)(a) (with art. 4)

F41 Word in reg. 16(8)(za)(iii) omitted (3.11.2017) by virtue of The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 2(3)(b)(i)(aa)

F42 Reg. 16(8)(za)(iv) inserted (1.4.2015) by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 5(2)(b) (with art. 4)

F43 Reg. 16(8)(za)(v) and word inserted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 2(3)(b)(i)(bb)

F44 Reg. 16(8)(a) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), reg. 1(1), Sch. para. 3(c)(i) (with Sch. para. 11)

F45 Words in reg. 16(8)(a) substituted (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 1 para. 9(2)(b)

F46 Words in reg. 16(8)(a) substituted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 2(3)(b)(ii)

F47 Words in reg. 16(8)(b) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), reg. 1(1), Sch. para. 3(c)(ii) (with Sch. para. 11)

Commencement Information

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