The Income Support (General) Regulations 1987

Regulation 13A

[F1SCHEDULE 1AE+W+SCIRCUMSTANCES IN WHICH A PERSON AGED 16 OR 17 IS ELIGIBLE FOR INCOME SUPPORT

Textual Amendments

PART IE+W+SPERS0NS ELIGIBLE UNTIL 18

1.  A person who is not required to be available for employment under any of the following paragraphs of Schedule 1 (persons not required to be available for employment)–E+W+S

paragraph 1(lone parents)
paragraph 2(single persons looking after foster children)
paragraph 3(persons temporarily looking after another person)
paragraph 4(persons caring for another person)
[F2paragraph 7 (disabled students)]
[F2paragraph 7A]
[F2paragraph 7B]
paragraph 8(blind persons)
paragraph 9(pregnancy)
paragraph 10(persons in education)
paragraph 11(training allowances)
paragraph 16(refugees)
paragraph 20(persons from abroad).
paragraph 22(member of couple looking after children while other member temporarily abroad).
[F3paragraph 23 (persons taking a child or young person abroad for treatment).]

Textual Amendments

F3Words in Sch. 1A para. 1 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), 16

2.  A person who is incapable of work and training under the youth training scheme, by reason of some disease or bodily or mental disablement if, in the opinion of a medical practitioner, that incapacity is unlikely to end within 12 months because of the severity of that disease or disablement.E+W+S

3.  A person who is a member of a couple and is treated as responsible for a child who is a member of his household.E+W+S

4.  A person who is temporarily laid off employment and is available to be re-engaged in that employment.E+W+S

PART IIE+W+SPERS0NS ELIGIBLE UNTIL THE RELEVANT DATE DETERMINED UNDER REGULATION 13A(3)(b)

5.  A registered person who is a member of a married couple where the other member of that couple is aged not less than 18 or is a registered person or a person to whom Part I of this Schedule applies.E+W+S

6.  A registered person who has no parent nor any person acting in the place of his parents.E+W+S

7.  A registered person who–E+W+S

(a)is not living with his parents nor any person acting in the place of his parents; and

(b)[F4was being looked after by a local authority pursuant to a relevant enactment who placed him with some person other than a close relative of his], or was in custody in any institution to which the Prison Act 1952 applied or under the Criminal Procedure (Scotland) Act 1975 immediately before he attained the age of 16.

Textual Amendments

F4Words in Sch. 1A para. 7(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), regs. 1(1), Sch. para. 7(a) (with Sch. para. 11)

8.  A registered person who is in accommodation which is other than his parental home, [F5and which is other than the home] of a person acting in the place of his parents, who entered that accommodation–E+W+S

(a)as part of a programme of rehabilitation or resettlement, that programme being under the supervision of the probation service or a local authority; or

(b)in order to avoid physical or sexual abuse; or

(c)because of a mental or physical handicap or illness and needs such accommodation because of his handicap or illness.

Textual Amendments

9.  A registered person who is living away from his parents and any person who is 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 his parents are, or that person is–E+W+S

(a)chronically sick or mentally or physically disabled; or

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

(c)prohibited from entering or re-entering Great Britain.

[F69A.  A registered person who of necessity has to live away from his parents [F7and any person] acting in the place of his parents because–E+W+S

(a)he is estranged from [F7his parents and that person]; or

(b)he is in physical or moral danger; or

(c)there is a serious risk to his physical or mental health.]

Textual Amendments

10.  In this Schedule–E+W+S

[F8(a)any reference to a person acting in place of a registered person’s parents includes a reference—

(i)except in a case to which head (ii) applies, to any person with parental responsibility for the child, and for this purpose “parental responsibility” bears the meaning it has in the Children Act 1989 by virtue of section 3 of that Act; or

(ii)where the person is being looked after by a local authority or voluntary organisation who place him with a family, a relative of his, or some other suitable person, the person with whom the person is placed, whether or not any payment is made to him in connection with the placement; and]

(b)“chronically sick or mentally or physically disabled” has the same meaning as in regulation 13(3)(b) (circumstances in which persons in relevant education are to be entitled to income support).]

Textual Amendments

F8Sch. 1A para. 10(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. 7(b) (with Sch. para. 11)