PART IIE+W+SCONDITIONS OF ENTITLEMENT

Circumstances in which persons in relevant education are to be entitled to income supportE+W+S

13.—(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 [F1a person [F2who [F3(subject to paragraph (2A))] 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

[F4(b)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

[F5(d)of necessity has to live away from his [F6parents and any] person acting in the place of his parents because–

(i)he is estranged from his [F6parents 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;]

[F7(dd)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

F8(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(h)is a person to whom paragraph 18 of Schedule 1B (refugees) applies.]

[F10(2A) For the purposes of paragraph (2)—

(a)the eligible person shall be treated as satisfying the condition prescribed in regulation 8 of the Child Benefit (General) Regulations 2006 (child benefit not payable in respect of qualifying young person: other financial support);

(b)where sub-paragraphs (c) to (e) apply, the eligible person shall be treated as satisfying the condition prescribed in regulation 5(2)(e) and (f) of the Child Benefit (General) Regulations 2006 (extension period: 16 and 17 year olds).]

(3) In this regulation—

[F11(a)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 F12 (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.

Textual Amendments

F11Reg. 13(3)(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. 2 (with Sch. para. 11)

Commencement Information

I1Reg. 13 in force at 11.4.1988, see reg. 1