The Income Support (General) Regulations 1987

Regulation 8

SCHEDULE 1 E+W+S PERSONS NOT REQUIRED TO BE AVAILABLE FOR EMPLOYMENT

Lone parents E+W+S

1.  A person who is a lone parent and responsible for a child who is a member of his household.

Commencement Information

I1 Sch. 1 para. 1 in force at 11.4.1988, see reg. 1

Single persons looking after foster children E+W+S

2.  A single claimant or a lone parent with whom a child [F1 is placed] by a local authority or voluntary organisation within the meaning of the [F1 Children Act 1989] or, in Scotland, the Social Work (Scotland) Act 1968 F2 .

Textual Amendments

F1 Words in Sch. 1 para. 2 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. 6

F2 1968 c. 49.

Commencement Information

I2 Sch. 1 para. 2 in force at 11.4.1988, see reg. 1

Persons temporarily looking after another person E+W+S

3.  A person who is—

(a) looking after a child because the parent of that child or the person who usually looks after him is ill or is temporarily absent from his home; or

(b) looking after a member of the family who is temporarily ill.

Commencement Information

I3 Sch. 1 para. 3 in force at 11.4.1988, see reg. 1

Persons caring for another person E+W+S

[F3 4.— (1) A person (the carer)—

(a) who is regularly and substantially engaged in caring for another person if—

(i) the person being cared for is in receipt of attendance allowance under section 35 of the Social Security Act [F4 or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act]; or

(ii) the person being cared for has claimed attendance allowance under that section but only for the period up to the date of determination of that claim, or the period of 26 weeks from the date of that claim, whichever date is the earlier; or

[F5 (iii) the person being cared for has claimed entitlement to a disability living allowance but only for the period up to the date of determination of that claim, or the period of 26 weeks from the date of that claim, whichever date is the earlier; or]

(b) who is engaged in caring for another person and who is in receipt of an invalid care allowance under section 37 of the Social Security Act.

(2) If paragraph (1) ceases to apply to the carer, he shall not be required to be available for employment for a period of eight weeks from the date upon which that paragraph ceased to apply to him.

Textual Amendments

F3 Sch. 1 para. 4 & 4A substituted for Sch. 1 para. 4 (7.10.1991) by The Income Support (General) Amendment No. 4 Regulations 1991 (S.I. 1991/1559), regs. 1(1)(c), 13(a) (with reg. 1(2))

F4 Words in Sch. 1 para. 4(1)(a)(i) inserted (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 11(3)(a) (with reg. 1(2))

F5 Sch. 1 para. 4(1)(a)(iii) added (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 11(3)(b) (with reg. 1(2))

Commencement Information

I4 Sch. 1 para. 4 in force at 11.4.1988, see reg. 1

4A.   A person who, had he previously made a claim for income support, would not have been required to be available for employment by reason of subparagraph (1) of paragraph 4 for a period of 8 weeks from the date upon which that sub-paragraph would have ceased to apply to him.]

Textual Amendments

F3 Sch. 1 para. 4 & 4A substituted for Sch. 1 para. 4 (7.10.1991) by The Income Support (General) Amendment No. 4 Regulations 1991 (S.I. 1991/1559), regs. 1(1)(c), 13(a) (with reg. 1(2))

Persons incapable of work E+W+S

[F6 5.   A person who—

(a) is incapable of work in accordance with the provisions of Part XIIA of the Contributions and Benefits Act and the regulations made thereunder (incapacity for work); or

(aa) [F7 is treated as incapable of work by virtue of regulations made under section 171D of the Contributions and Benefits Act 1992 (incapacity for work: persons to be treated as incapable or capable of work); or]

(b) is treated as capable of work by virtue of regulations made under section 171E(1) of that Act (disqualification etc); or

(c) is entitled to statutory sick pay.]

Textual Amendments

F6 Sch. 1 para. 5 substituted (13.4.1995) by The Disability Working Allowance and Income Support (General) Amendment Regulations 1995 (S.I. 1995/482), regs. 1(1), 14 (with reg. 1(4))

F7 Sch. 1 para. 5(aa) inserted (with effect in accordance with reg. 1(4) of the amending S.I.) by The Income-related Benefits Schemes and Social Security (Claims and Payments) (Miscellaneous Amendments) Regulations 1995 (S.I. 1995/2303), regs. 1(1)(a), 6(7) (with reg. 8)

Disabled workers E+W+S

[F8 6.   A person to whom regulation 6(a) (persons not treated as engaged in remunerative work) applies.]

Textual Amendments

F8 Sch. 1 para. 6 substituted (7.10.1991) by The Income Support (General) Amendment No. 4 Regulations 1991 (S.I. 1991/1559), regs. 1(1)(c), 13(b) (with regs. 1(2), 22-24)

Commencement Information

I5 Sch. 1 para. 6 in force at 11.4.1988, see reg. 1

[F9 Persons in employment living in residential care homes, nursing homes or residential accommodation E+W+S

6A.   A person to whom regulation 6(g) applies.]

Textual Amendments

F9 Sch. 1 para. 6A inserted (7.10.1991) by The Income Support (General) Amendment No. 4 Regulations 1991 (S.I. 1991/1559), regs. 1(1)(c), 13(c) (with reg. 1(2))

Disabled students E+W+S

[F10 7.   A person who is a student and—

(a) whose applicable amount includes the disability premium or severe disability premium; or

(b) who has satisfied the provisions of paragraph 5 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.]

Textual Amendments

F10 Sch. 1 para. 7 substituted (13.4.1995) by The Disability Working Allowance and Income Support (General) Amendment Regulations 1995 (S.I. 1995/482), regs. 1(1), 15 (with reg. 1(4))

[F11 7A.— (1) A person who is a student who—

(a) immediately before 1st September 1990 was in receipt of income support by virtue of paragraph 7 as then in force; or

(b) on or after that date makes a claim for income support and at a time during the period of 18 months immediately preceding the date of that claim was in receipt of income support either by virtue of that paragraph or regulation 13 (2) (b),

but this paragraph shall cease to apply where the person has ceased to be in receipt of income support for a continuous period of 18 months or more.]

Textual Amendments

F11 Sch. 1 para. 7 & 7A substituted for Sch. 1 para. 7 (1.9.1990) by The Social Security Benefits (Student Loans and Miscellaneous Amendments) Regulations 1990 (S.I. 1990/1549), regs. 1(1)(a), 5(8)(a) (with reg. 7(1))

[F12 7B.— (1) A person who is a student in respect of whom—

(a) a supplementary requirement has been determined under paragraph 15 of Schedule 2 to the Education (Mandatory Awards) Regulations 1987 or the Education (Mandatory Awards) Regulations 1988, paragraph 12 of Schedule 2 to the Education (Mandatory Awards) Regulations 1989 or paragraph 12 of Schedule 2 to the Education (Mandatory Awards) Regulations 1990; or

(b) an allowance or, as the case may be, bursary has been granted which includes a sum under paragraph (1)(d) of regulation 6 of the Students' Allowances (Scotland) Regulations 1987 or, as the case may be, the Education Authority Bursaries (Scotland) Regulations 1988 in respect of expenses incurred; or

(c) a payment has been made under section 2 of the Education Act 1962; [F13 or

(d) a supplementary requirement has been determined under paragraph 15 of Schedule 7 to the Students Awards Regulations (Northern Ireland) 1987, paragraph 15 of Schedule 7 to the Students Awards Regulations (Northern Ireland) 1988, paragraph 12 of Schedule 7 to the Students Awards Regulations (Northern Ireland) 1990 or paragraph 12 of Schedule 7 to the Students Awards (No. 2) Regulations (Northern Ireland) 1990 or a payment has been made under article 50(3) of the Education and Libraries (Northern Ireland) Order 1986;]

on account of his disability by reason of deafness.

(2) A student to whom sub-paragraph (1) applies shall be treated as satisfying that sub-paragraph from the date on which he made a request for the supplementary requirement, allowance, bursary or payment, as the case may be, or 1st September 1990, whichever is later.]

Textual Amendments

F12 Sch. 1 para. 7B inserted (1.9.1990) by The Income-Related Benefits Amendment Regulations 1990 (S.I. 1990/1657), regs. 1, 5(3)

F13 Sch. 1 para. 7B(1)(d) and word inserted (13.3.1991) by The Income Support (General) Amendment Regulations 1991 (S.I. 1991/236), regs. 1(1)(a), 10 (with reg. 1(2))

Blind persons E+W+S

8.  A person who is a blind person registered in a register compiled by a local authority under section 29 of the National Assistance Act 1948 F14 (welfare services) or, in Scotland, who has been certified as blind in a register maintained by or on behalf of a regional or islands council, but a person who has ceased to be so registered on regaining his eyesight shall nevertheless be treated as so registered for a period of 28 weeks following the date on which he ceased to be so registered.

Textual Amendments

F14 1948 c. 29; section 29 was amended by section 1(2) of the National Assistance (Amendment) Act 1959 (c. 30); the Mental Health (Scotland) Act 1960 (c. 61), sections 113 and 114 and Schedule 4; the Local Government Act 1972 (c. 70), Schedule 23, paragraph 2; the Employment and Training Act 1973 (c. 50), Schedule 3, paragraph 3; the National Health Service Act 1977 (c. 49), Schedule 15, paragraph 6; and the Health and Social Services and Social Security Adjudication Act 1983 (c. 41), Schedule 10, Part I.

Commencement Information

I6 Sch. 1 para. 8 in force at 11.4.1988, see reg. 1

Pregnancy E+W+S

9.  A woman who—

(a) is incapable of work by reason of pregnancy; or

(b) is or has been pregnant but only for the period commencing 11 weeks before her expected week of confinement and ending seven weeks after the date on which her pregnancy ends.

Commencement Information

I7 Sch. 1 para. 9 in force at 11.4.1988, see reg. 1

Persons in education E+W+S

10.  A person to whom any provision of regulation 13(2)(a) to (e) (persons receiving relevant education who are parents, persons severely handicapped, orphans and persons estranged from their parents or guardian) applies.

Commencement Information

I8 Sch. 1 para. 10 in force at 11.4.1988, see reg. 1

Training allowances E+W+S

11.  A person who is in receipt of a training allowance.

Commencement Information

I9 Sch. 1 para. 11 in force at 11.4.1988, see reg. 1

Open University students E+W+S

12.  A person who is following an Open University course and is attending, as a requirement of that course, a residential course.

Commencement Information

I10 Sch. 1 para. 12 in force at 11.4.1988, see reg. 1

Persons within 10 years of pensionable age E+W+S

13.  A person [F15 aged not less than 50 who]—

(a) has not been in remunerative work during the previous 10 years; and

(b) has no prospect of future employment in remunerative work; and

(c) during that period has not been required to be available for employment in accordance with section 20(3)(d)(i) of the Act (conditions of entitlement to income support), or would not have been so required had a claim to income support been made by or in respect of him.

Textual Amendments

F15 Words in Sch. 1 para. 13 substituted (10.4.1989) by The Income Support (General) Amendment No. 5 Regulations 1988 (S.I. 1988/2022), regs. 1(1)(b), 16(b)

Commencement Information

I11 Sch. 1 para. 13 in force at 11.4.1988, see reg. 1

Persons aged 60 E+W+S

14.  A person aged not less than 60.

Commencement Information

I12 Sch. 1 para. 14 in force at 11.4.1988, see reg. 1

Allowances under the Job Release Act 1977 E+W+S

F16 15.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16 Sch. 1 para. 15 omitted (10.4.1989) by virtue of The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(c), 18

Commencement Information

I13 Sch. 1 para. 15 in force at 11.4.1988, see reg. 1

Refugees E+W+S

16.  F17 ... A person who is a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 F18 as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 F19 and who—

(a) is attending for more than 15 hours a week a course for the purpose of learning English so that he may obtain employment; and

(b) on the date on which that course commenced, had been in Great Britain for not more than 12 months,

but only for a period not exceeding nine months.

Textual Amendments

F17 Words in Sch. 1 para. 16 omitted (1.9.1990) by virtue of The Social Security Benefits (Student Loans and Miscellaneous Amendments) Regulations 1990 (S.I. 1990/1549), regs. 1(1)(a), 5(8)(b) (with reg. 7(1))

F18 Cmnd. 9171.

F19 Cmnd. 3906.

Commencement Information

I14 Sch. 1 para. 16 in force at 11.4.1988, see reg. 1

Persons required to attend court E+W+S

17.  A person who is required to attend court F20 ... as a justice of the peace, a party to any proceedings, a witness or a juror.

Textual Amendments

F20 Words in Sch. 1 para. 17 omitted (7.10.1991) by virtue of The Income Support (General) Amendment No. 4 Regulations 1991 (S.I. 1991/1559), regs. 1(1)(c), 13(d) (with reg. 1(2))

Commencement Information

I15 Sch. 1 para. 17 in force at 11.4.1988, see reg. 1

Discharged prisoners E+W+S

18.  A person who has been discharged from detention in a prison, remand centre or youth custody institution but only for the period of seven days commencing with the date of his discharge.

Commencement Information

I16 Sch. 1 para. 18 in force at 11.4.1988, see reg. 1

Persons affected by a trade dispute E+W+S

19.  A person to whom section 23 of the Act (trade disputes) applies or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by [F21 section 23A(b) of the Act (effect of return to work).]

Textual Amendments

F21 Words in Sch. 1 para. 19 substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 28

Commencement Information

I17 Sch. 1 para. 19 in force at 11.4.1988, see reg. 1

Persons from abroad E+W+S

20.  A person to whom regulation 70(3) (applicable amount of certain persons from abroad) applies.

Commencement Information

I18 Sch. 1 para. 20 in force at 11.4.1988, see reg. 1

Persons in custody E+W+S

21.  A person remanded in, or committed in, custody for trial or for sentencing.

Commencement Information

I19 Sch. 1 para. 21 in force at 11.4.1988, see reg. 1

[F22 Member of couple looking after children while other member temporarily abroad E+W+S

22.   A person who is a member of a couple and who is treated as responsible for a child who is a member of his household where the other member of that couple is temporarily [F23 not present in the United Kingdom].]

Textual Amendments

F22 Sch. 1 para. 22 inserted (12.9.1988) by The Income Support (General) Amendment No. 3 Regulations 1988 (S.I. 1988/1228), regs. 1(1)(b), 7

F23 Words in Sch. 1 para. 22 substituted (10.4.1989) by The Income Support (General) Amendment No. 5 Regulations 1988 (S.I. 1988/2022), regs. 1(1)(b), 16(c)

[F24 Persons taking a child or young person abroad for treatment E+W+S

23.   A person who is temporarily absent from Great Britain in the circumstances specified in regulation 4(3) (temporary absence abroad for the treatment of the child or young person).]

Textual Amendments

F24 Sch. 1 para. 23 added (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), 15