The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996

Regulation 23

SCHEDULE 2 Amendment of Schedule 2 to the principal Regulations

1.  Schedule 2 to the principal Regulations shall be amended in accordance with the following provisions of this Schedule.

2.  In column (1) of paragraph 1 in sub-paragraphs (1) and (2) for head (b) there shall be substituted the following head—

“(b) less than 18 who falls within any of the circumstances specified in paragraph 1A;”.

3.  In paragraph 1 for sub-paragraph (3) there shall be substituted the following sub-paragraph—

“(3) Couple— (a) where both members are aged less than 18 and— (i) at least one of them is treated as responsible for a child; or (ii) had they not been members of a couple,, each would have qualified for income support under regulation 4ZA; or (iii) the claimant’s partner satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); or (iv) there is in force in respect of the claimant’s partner a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship);	(3) (a) £57.20
(b) where both members are aged less than 18 and head (a) does not apply but one member of the couple falls within any of the circumstances specified in paragraph 1A;	(b) £37.90
(c) where both members are aged less than 18 and heads (a) and (b) do not apply;	(c) £28.85
(d) where both members are aged not less than 18;	(d) £75.20
(e) where one member is aged not less than 18 and the other member is a person under 18 who— (i) qualifies for income support under regulation 4ZA,, or who would so qualify if he were not a member of a couple; or (ii) satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); or (iii) is the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship);	(e) £75.20
(f) where the claimant is aged not less than 18 but less than 25 and his partner is a person under 18 who— (i) would not qualify for income support under regulation 4ZA if he were not a member of a couple; and (ii) does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); and (iii) is not the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship);	(f) £37.90
(g) where the claimant is aged not less than 25 and his partner is a person under 18 who— (i) would not qualify for income support under regulation 4ZA if he were not a member of a couple; and (ii) does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); and (iii) is not the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship)..	(g) £47.90”

4.  After paragraph 1 of Schedule 2 to the principal Regulations there shall be inserted the following paragraph—

“1A.— (1) The circumstances referred to in paragraph 1 are that—

(a) the person has no parents nor any person acting in the place of his parents;

(b) the person—

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

(ii) in England and Wales, was 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 in Scotland, was in the care of a local authority under a relevant enactment and whilst in that care was not living with his parents or any close relative, or was in custody in any institution to which the Prison Act 1952(1) or the Prisons (Scotland) Act 1989(2) applied immediately before he attained the age of 16;

(c) the person is in accommodation which is other than his parental home, and which is other than the home of a person acting in the place of his parents, who entered that accommodation—

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

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

(iii) because of a mental or physical handicap or illness and needs such accommodation because of his handicap or illness;

(d) the person 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—

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

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

(iii) prohibited from entering or re-entering Great Britain; or

(e) the person of necessity has to live away from his parents and any person acting in the place of his parents because—

(i) he is estranged from his parents 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.

(2) In this paragraph—

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

(b) in England and Wales, any reference to a person acting in place of a person’s parents includes a reference to—

(i) 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; or

(ii) in any other case, any person with parental responsibility for the child, and for this purpose “parental responsibility” has the meaning it has in the Children Act 1989(3) by virtue of section 3 of that Act;

(c) in Scotland, any reference to a person acting in place of a person’s parents includes a reference to a local authority or voluntary organisation where the person is in their care under a relevant enactment, or to a person with whom the person is boarded out by a local authority or voluntary organisation whether or not any payment is made by them.”.

(1)

1952 c. 52.

(2)

1989 c. 45.

(3)

1989 c. 41.