4ZA.—(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 [F2full-time student] during the period of study.
(3) A [F2full-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)[F3paragraph 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
[F4(c)any other paragraph of Schedule 1B applies to him and—
(i)in the case of a person with a partner, the partner is also a full-time student and either he or his partner is treated as responsible for a child or young person, or
(ii)in any other case, he is treated as responsible for a child or young person,
but this provision applies only for the period of the summer vacation appropriate to his course; or]
(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).
[F5(3A) Paragraph (1) does not apply to a person to whom section 6 of the Children (Leaving Care) Act 2000 (exclusion from benefits) applies.]
[F6(4) 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.]]
Textual Amendments
F1Reg. 4ZA 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), 4
F2Words in reg. 4ZA(2)(3) substituted (31.7.2000) by The Social Security Amendment (Students) Regulations 2000 (S.I. 2000/1981), regs. 1(1), 5(5), Sch.
F3Words in reg. 4ZA(3)(a) substituted (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(1), 3(3)
F4Reg. 4ZA(3)(c) substituted (9.7.2008) by The Social Security (Students Responsible for Children or Young Persons) Amendment Regulations 2008 (S.I. 2008/1826), regs. 1, 2(2)
F5Reg. 4ZA(3A) inserted (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 (a)
F6Reg. 4ZA(4) added (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Amendment) (No. 2) Regulations 1997 (S.I. 1997/2197), regs. 1(2), 5(2)