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The Income Support (General) Regulations 1987

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Point in time view as at 06/04/2009.

Changes to legislation:

The Income Support (General) Regulations 1987, SCHEDULE 1B is up to date with all changes known to be in force on or before 11 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Regulation 4ZA

[F1SCHEDULE 1BE+W+SPRESCRIBED CATEGORIES OF PERSON

Textual Amendments

[F2Lone parentsE+W+S

1.  A person who is a lone parent and responsible for—

(a)a single child aged under 12, or

(b)more than one child where the youngest is aged under 12,

who is a member of that person’s household.]

Textual Amendments

Single persons looking after foster childrenE+W+S

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

Persons temporarily looking after another personE+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 [F3temporarily] ill or is temporarily absent from his home; or

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

Textual Amendments

Persons caring for another personE+W+S

4.  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 F4... or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act; or

(ii)the person being cared for has claimed attendance allowance F5... 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

[F6(iia)the person being cared for has claimed attendance allowance in accordance with section 65(6)(a) of the Contributions and Benefits Act (claims in advance of entitlement), an award has been made in respect of that claim under section 65(6)(b) of that Act and, where the period for which the award is payable has begun, that person is in receipt of the allowance;] [F7or]

(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

[F8(iiia)the person being cared for has claimed entitlement to the care component of a disability living allowance in accordance with, regulation 13A of the Social Security (Claims and Payments) Regulations 1987 (advance claims and awards), an award at the highest or middle rate has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of the allowance;]

(b)who is engaged in caring for another person and [F9who is both entitled to, and in receipt of,] [F10a carer’s allowance] [F11 or would be in receipt of that allowance but for the application of a restriction under section 7 of the Social Security Fraud Act 2001 (loss of benefit provisions)].

Textual Amendments

F7Word in Sch. 1B para. 4(a)(iia) inserted (coming into force in accordance with reg. 1(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2001 (S.I. 2001/859), regs. 1(3), 3(4)

5.  A person to whom paragraph 4 applied, but only for a period of 8 weeks from the date on which that paragraph ceased to apply to him.

Modifications etc. (not altering text)

6.  A person who, had he previously made a claim for income support, would have fulfilled the conditions of paragraph 4, but only for a period of 8 weeks from the date on which he ceased to fulfil those conditions.

Modifications etc. (not altering text)

Persons incapable of workE+W+S

7.  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

(b)is treated as incapable of work by virtue of regulations made under section 171D of that Act (persons to be treated as incapable or capable of work); or

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

(d)is entitled to statutory sick pay.

Disabled workersE+W+S

8.  A person to whom [F12regulation 6(4)(a)] (persons not treated as engaged in remunerative work) applies.

Textual Amendments

Persons in employment living in residential care homes, nursing homes or residential accommodationE+W+S

9.  A person to whom [F13regulation 6(4)(d)] applies.

Textual Amendments

[F14Persons who have commenced remunerative workE+W+S

9A.  A person to whom regulation 6(5) (persons not treated as engaged in remunerative work) applies.]

Textual Amendments

Disabled studentsE+W+S

10.  A person who is a [F15full-time student] and—

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

(b)who has satisfied the provisions of paragraph 7 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

11.  A person who is a [F16full-time student] and who—

(a)immediately before 1st September 1990 was in receipt of income support by virtue of paragraph 7 of Schedule 1 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 not apply where for a continuous period of 18 months or more the person has not been in receipt of income support.

Textual Amendments

Deaf studentsE+W+S

[F1712.  A person who is a full-time student in respect of whom—

(a)a supplementary requirement has been determined under paragraph 9 of Part II of Schedule 2 to the Education (Mandatory Awards) Regulations 1999;

(b)an allowance or, as the case may be, bursary has been granted which includes a sum under paragraph (1)(d) of regulation 4 of the Students’ Allowances (Scotland) Regulations 1999 or, as the case may be, under paragraph (1)(d) of regulation 4 of the Education Authority (Bursaries) (Scotland) Regulations 1995, in respect of expenses incurred;

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

(d)a grant has been made under regulation 13 of the Education (Student Support) Regulations 2000, or under regulation 13 of the Education (Student Support) Regulations (Northern Ireland) 2000; or

(e)a supplementary requirement has been determined under paragraph 9 of Schedule 6 to the Students Awards Regulations (Northern Ireland) 1999 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.]

Textual Amendments

F17Sch. 1B para. 12 substituted (for specified purposes and with effect in accordance with reg. 1(b)(i)(ii) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2000 (S.I. 2000/1922), regs. 1, 2(8)

Blind personsE+W+S

13.  A person who is registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act 1948 (welfare services) or, in Scotland, has been certified as blind and in consequence he is registered as blind in a register maintained by or on behalf of a regional or islands council, but a person who has ceased to be registered as blind 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.

PregnancyE+W+S

14.  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 [F18where the expected week of confinement begins prior to 6th April 2003 or fifteen weeks after the date on which her pregnancy ends where the expected week of confinement begins on or after 6th April 2003].

Textual Amendments

[F19Parental leaveE+W+S

14A.—(1) A person who is—

(a)entitled to, and taking, parental leave by virtue of Part III of the Maternity and Parental Leave etc. Regulations 1999 in respect of a child who is a member of his household; and

(b)not entitled to any remuneration from his employer in respect of that leave for the period to which his claim for income support relates; and

(c)entitled toF20..., [F21working tax credit, child tax credit payable at a rate higher than the family element,] housing benefit or council tax benefit on the day before that leave begins.

(2) In this paragraph “remuneration” means payment of any kind [F22and “family element” means in a case where any child in respect of whom child tax credit is payable is under the age of one year, the amount specified in regulation 7(3)(a) of the Child Tax Credit Regulations 2002 or in any other case, the amount specified in regulation 7(3)(b) of those Regulations] [F23but subject in any case to calculations of those amounts made in accordance with the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002]. ]

Textual Amendments

[F24Paternity LeaveE+W+S

14B.—(1) A person who is entitled to, and is taking, paternity leave and who satisfies either or both of the conditions set out in sub-paragraph (2) below.

(2) The conditions for the purposes of sub-paragraph (1) are—

(a)he is not entitled to statutory paternity pay by virtue of Part 12ZA of the Contributions and Benefits Act, or to any remuneration from his employer in respect of that leave for the period to which his claim for income support relates;

(b)he is entitled toF25..., [F26working tax credit, child tax credit payable at a rate higher than the family element,] housing benefit or council tax benefit on the day before that leave begins.

(3) In this paragraph “remuneration” means payment of any kind [F27and “family element” means in a case where any child in respect of whom child tax credit is payable is under the age of one year, the amount specified in regulation 7(3)(a) of the Child Tax Credit Regulations 2002 or in any other case, the amount specified in regulation 7(3)(b) of those Regulations] [F28but subject in any case to calculations of those amounts made in accordance with the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002. ]]

Textual Amendments

Persons in educationE+W+S

15.  A person to whom any provision of regulation 13(2)(a) to (e) (persons receiving relevant education who are parents, [F29disabled persons, persons with limited leave to enter or remain], orphans and persons estranged from their parents or guardian) applies.

Textual Amendments

[F30Circumstances in which a person in education will be treated as not being a member of a householdE+W+S

15A.—(1) A person is subject to this regulation if they fulfil the conditions in sub-paragraphs to (5).

(2) The first condition is that he is under the age of 21.

(3) The second condition is that he is undertaking a course of full-time, non-advanced education.

(4) The third condition is that he was accepted to attend, enrolled on, or began the course before attaining the age of 19.

(5) The fourth condition is that—

(a)he has no parent;

(b)of necessity he has to live away from his parents because—

(i)he is estranged from them,

(ii)he is in physical or moral danger, or

(iii)there is a serious risk to his physical or mental health; or

(c)he is living away from his parents where they are unable financially to support him and are—

(i)chronically sick or mentally or physically disabled,

(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.

(6) In this paragraph—

“chronically sick or mentally or physically disabled” has the meaning given in regulation 13(3)(b);

“course of full-time, non-advanced education” means education of a kind referred to in regulation 3(2)(a) or (b) of the Child Benefit (General) Regulations 2006;

“parent” includes a person acting in place of a parent which—

(a)

for the purposes of sub-paragraph (5)(a) and (b) has the meaning given in regulation 13(3)(a)(i), and

(b)

for the purposes of sub-paragraph (5)(c), has the meaning given in regulation 13(3)(a)(ii).]

Textual Amendments

Certain persons aged 50 who have not been in remunerative work for 10 yearsE+W+S

F3116.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Certain persons aged between 55 and 60 whose spouse or civil partner has diedE+W+S

F3216A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Persons aged 60 or overE+W+S

F3317.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

RefugeesE+W+S

18.  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 as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 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.

F3418A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F35Persons required to attend court or tribunalE+W+S

19.—(1) A person who is required to attend a court or tribunal as a justice of the peace, a party to any proceedings, a witness or a juror.

(2) In this paragraph, “tribunal” means any tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992.]

Textual Amendments

Persons affected by a trade disputeE+W+S

20.  A person to whom section 126 of the Contributions and Benefits Act (trade disputes) applies or in respect of whom section 124(1) of that Act (conditions of entitlement to income support) has effect as modified by section 127(b) of that Act (effect of return to work).

Persons from abroadE+W+S

21.  A person to whom [F36regulation 70(2A)] (applicable amount of certain persons from abroad) applies.

Textual Amendments

Persons in custodyE+W+S

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

Member of couple looking after children while other member temporarily abroadE+W+S

23.  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 not present in the United Kingdom.

Persons appealing against a decision [F37which embodies a determination] that they are not incapable of workE+W+S

24.  A person—

(a)in respect of whom it has been determined for the purposes of section 171B of the Contributions and Benefits Act (the own occupation test) that he is not incapable of work; and

(b)whose medical practitioner continues to supply evidence of his incapacity for work in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976 (evidence of incapacity for work); and

(c)who has made and is pursuing an appeal against the [F38decision which embodies a] determination that he is not so incapable,

but only for the period prior to the determination of his appeal.

Textual Amendments

25.  A person—

(a)in respect of whom it has been determined for the purposes of section 171C of the Contributions and Benefits Act (the [F39personal capability assessment]) that he is not incapable of work; and

(b)who has made and is pursuing an appeal against the [F40decision which embodies a] determination that he is not so incapable,

but only for the period [F41beginning with the date on which that determination takes effect until] the determination of his appeal.

Textual Amendments

F4226.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4227.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F43Persons engaged in training]E+W+S

28.  A person who is [F44not a qualifying young person or child within the meaning of section 142 of the Contributions and Benefits Act (child and qualifying young person) and who is] engaged in training, and for this purpose “training” means training for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible [F45secured by the Learning and Skills Council for England or by the [F46Welsh Ministers]] and, in Scotland, directly or indirectly by a Local Enterprise Company pursuant to its arrangement with, as the case may be, [F47Skills Development Scotland,] Scottish Enterprise or Highlands and Islands Enterprise (whether that arrangement is known as an Operating Contract or by any other name).]

Textual Amendments

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