The Jobseeker’s Allowance Regulations 1996

PART I GENERAL

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Jobseeker’s Allowance Regulations 1996.

(2) These Regulations shall come into force on 7th October 1996.

(3) In these Regulations–

[F1 “Abbeyfield Home” means an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society;]

“the Act" means the Jobseekers Act 1995;

[F2 “adoption leave” means a period of absence from work on ordinary or additional adoption leave by virtue of section 75A or 75B of the Employment Rights Act 1996;]

[F3 “the Armed Forces and Reserve Forces Compensation Scheme” means the scheme established under section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004;]

“attendance allowance" means–

(a) an attendance allowance under section 64 of the Benefits Act;

(b) an increase of disablement pension under section 104 or 105 of the Benefits Act (increases where constant attendance needed and for exceptionally severe disablement);

(c) a payment under regulations made in accordance with section 111 of, and paragraph 7(2) of Schedule 8 to, the Benefits Act (payments for constant attendance in workmen’s compensation cases);

(d) an increase in allowance which is payable in respect of constant attendance under section 111 of, and paragraph 4 of Schedule 8 to, the Benefits Act (industrial diseases benefit schemes);

(e) a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983 F4 or any analogous payment;

(f) any payment based on the need for attendance which is paid as an addition to a war disablement pension;

[F5 “basic rate”, where it relates to the rate of tax, has the same meaning as in the Income Tax Act 2007 (see section 989 of that Act).]

[F6 “Back to Work Session” means a seminar or appointment referred to as “a Back to Work Session” arranged by or on behalf of the Secretary of State, the purpose of which is to provide a person who attends with information, support and advice with a view to assisting him to find employment or to improve his chances of finding employment;]

[F7 “the benefit Acts” means the Act, the Benefits Act and Part 1 of the Welfare Reform Act 2007;]

[F8 “benefit week” means—

(a) a period of 7 days ending with a day determined in accordance with paragraph (b) unless, in any particular case or class of case, the Secretary of State arranges otherwise;

(b) the day specified for the purposes of paragraph (a) is the day in column (2) which corresponds to the series of numbers in column (1) which includes the last 2 digits of the person’s national insurance number—

(1)	(2)
00 to 19	Monday
20 to 39	Tuesday
40 to 59	Wednesday
60 to 79	Thursday
80 to 99	Friday;]

“board and lodging accommodation" means–

(a) accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and are consumed in that accommodation or associated premises; or

(b) accommodation provided to a person in a hotel, guest house, lodging house or some similar establishment,

except accommodation provided by a close relative of his or of any other member of his family, or other than on a commercial basis;

[F1 “care home” in England and Wales has the meaning assigned to it by section 3 of the Care Standards Act 2000, and in Scotland means a care home service within the meaning assigned to it by section 2(3) of the Regulation of Care (Scotland) Act 2001;]

[F9 “child tax credit” means a child tax credit under section 8 of the Tax Credits Act 2002;]

[F10 “the Children Order" means the Children (Northern Ireland) Order 1995;]

“Claims and Payments Regulations" means the Social Security (Claims and Payments) Regulations 1987F11 ;

“close relative" means, except in Parts II, F12 ... and V, a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, [F13 or if any of the preceding persons is one member of a couple, the other member of that couple];

“college of further education" means a college of further education within the meaning of Part I of the Further and Higher Education (Scotland) Act 1992F14 ;

“concessionary payment" means a payment made under arrangements made by the Secretary of State with the consent of the Treasury which is charged either to the National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit [F15 or tax credits under the benefit Acts or the Tax Credits Act 2002] are charged;

“co-ownership scheme" means a scheme under which a dwelling is let by a housing association and the tenant, or his personal representative, will, under the terms of the tenancy agreement or of the agreement under which he became a member of the association, be entitled, on his ceasing to be a member and subject to any condition stated in either agreement, to a sum calculated by reference directly or indirectly to the value of the dwelling;

[F16 “couple” means—

(a) a man and woman who are married to each other and are members of the same household;

(b) a man and woman who are not married to each other but are living together as husband and wife;

(c) two people of the same sex who are civil partners of each other and are members of the same household; or

(d) two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,

and for the purposes of paragraph (d), two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex;]

“course of advanced education" means–

(a) a course leading to a postgraduate degree or comparable qualification, a first degree or comparable qualification, a diploma of higher education or a higher national diploma; or

(b) any other course which is of a standard above advanced GNVQ or equivalent, including a course which is of a standard above a general certificate of education (advanced level), [F17 a Scottish national qualification (higher or advanced higher)];

[F18 “course of study" means any course of study, whether or not it is a sandwich course and whether or not a grant is made for attending or undertaking it;]

“Crown tenant" means a person who occupies a dwelling under a tenancy or licence where the interest of the landlord belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department, except (in the case of an interest belonging to Her Majesty in right of the Crown) where the interest is under the management of the Crown Estate Commissioners;

“date of claim" means the date on which the claimant makes, or is treated as making, a claim for a jobseeker’s allowance for the purposes of regulation 6 of the Claims and Payments RegulationsF19 ;

“disability living allowance" means a disability living allowance under section 71 of the Benefits Act;

F20 ...

“dwelling occupied as the home" means the dwelling together with any garage, garden and outbuildings, normally occupied by the claimant as his home including any premises not so occupied which it is impracticable or unreasonable to sell separately, in particular, in Scotland, any croft land on which the dwelling is situated;

“earnings" has the meaning specified, in the case of an employed earner, in regulation 98, or in the case of a self-employed earner, in regulation 100;

F21 ...

F21 ...

“the Eileen Trust" means the charitable trust of that name established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;

[F22 “the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;]

“employment-related course" means a course the purpose of which is to assist persons to acquire or enhance skills required for employment, for seeking employment or for a particular occupation;

[F23 “employment zone" means an area within Great Britain designated for the purposes of section 60 of the Welfare Reform and Pensions Act 1999 and an “employment zone programme" means a programme established for such an area or areas designed to assist claimants for a jobseeker’s allowance to obtain sustainable employment;]

[F23 “employment zone contractor" means a person who is undertaking the provision of facilities in respect of an employment zone programme on behalf of the Secretary of StateF24 ...;]

[F25 “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;]

F26 ...

F27 ...

[F28 “the Flexible New Deal” means the employment programme specified in regulation 75(1)(a)(v);]

“full-time course of advanced education" means a course of advanced education which isF29 ...—

(a) F30 ...a full-time course of study which is not funded in whole or in part by [F31 the [F32 Young People’s Learning Agency for England, the Chief Executive of Skills Funding] or by the [F33 Welsh Ministers]] or a full-time course of study F34 ... which is not funded in whole or in part by the [F35 Scottish Ministers] at a college of further education [F36 or a full-time course of study which is a course of higher education and is funded in whole or in part by the [F35 Scottish Ministers]];

[F37 (b) a course of study which is funded in whole or in part by the [F32 Young People’s Learning Agency for England, the Chief Executive of Skills Funding] or by the [F33 Welsh Ministers] if it involves more than 16 guided hours per week for the student in question, according to the number of guided learning hours per week for that student set out—

(i) [F38 in the case of a course funded by the Young People’s Learning Agency for England or the Chief Executive of Skills Funding, in the student’s learning agreement signed on behalf of the establishment which is funded by either of those bodies for the delivery of that course; or]

(ii) in the case of a course funded by the [F33 Welsh Ministers], in a document signed on behalf of the establishment which is funded by the National Council for Education and Training for Wales for the delivery of that course; or,]

(c) F39 ...a course of study (not being higher education) which is funded in whole or in part by the [F35 Scottish Ministers] at a college of further education if it involves—

(i) more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff according to the number of hours set out in a document signed on behalf of the college; or

(ii) 16 hours or less per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff and it involves additional hours using structured learning packages supported by the teaching staff where the combined total of hours exceeds 21 per week, according to the number of hours set out in a document signed on behalf of the college;

“full-time student" means a person, other than a person in receipt of a training allowance [F40 or a person who is a qualifying young person or child within the meaning of section 142 of the Benefits Act (child and qualifying young person)], who is—

(a) aged less than 19 and [F41 attending or undertaking] a full-time course of advanced education or

(b) aged 19 or over but under pensionable age and–

(i) attending [F42 or undertaking] a full-time course of study which is not funded in whole or in part by [F31 the [F43 Young People’s Learning Agency for England, the Chief Executive of Skills Funding] or by the [F44 Welsh Ministers]] or a full-time course of study F45 ... which is not funded in whole or in part by the [F46 Scottish Ministers] at a college of further education [F47 or a full-time course of study which is a course of higher education and is funded in whole or in part by the [F46 Scottish Ministers];]

[F48 (ii) [F41 attending or undertaking] a course of study which is funded in whole or in part by the [F43 Young People’s Learning Agency for England, the Chief Executive of Skills Funding] or by the [F44 Welsh Ministers] if it involves more than 16 guided hours per week for the student in question, according to the number of guided learning hours per week for that student set out—

(aa) [F49 in the case of a course funded by the Young People’s Learning Agency for England or the Chief Executive of Skills Funding, in the student’s learning agreement signed on behalf of the establishment which is funded by either of those bodies for the delivery of that course; or,]

(bb) in the case of a course funded by the [F44 Welsh Ministers], in a document signed on behalf of the establishment which is funded by the National Council for Education and Training for Wales for the delivery of that course; or,]

(iii) [F41 attending or undertaking] a course of study (not being higher education) which is funded in whole or in part by the [F46 Scottish Ministers] at a college of further education if it involves—

(aa) more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff according to the number of hours set out in a document signed on behalf of the college; or

(bb) 16 hours or less per week of classroom or workshop based programmed learning under the direct guidance of teaching staff and it involves additional hours using structured learning packages supported by the teaching staff where the combined total of hours exceeds 21 per week, according to the number of hours set out in a document signed on behalf of the college;

“the Fund" means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992 or, in Scotland, on 10th April 1992;

[F3 “a guaranteed income payment” means a payment made under article 14(1)(b) or article 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005;]

[F50 “Health Service Act” means the National Health Service Act 2006;]

[F50 “Health Service (Wales) Act” means the National Health Service (Wales) Act 2006;]

“higher education" means higher education within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992F51 ;

[F52 “housing benefit expenditure" means expenditure in respect of which housing benefit is payable as specified in [F53 regulation 12(1) of the Housing Benefit Regulations 2006] but does not include any such expenditure in respect of which an amount is applicable under regulation 83(f) or 84(1)(g) (housing costs);]

“housing benefit expenditure" means expenditure of a kind for which housing benefit may be granted;

[F54 “Immigration and Asylum Act" means the Immigration and Asylum Act 1999;]

“Income Support Regulations" means the Income Support (General) Regulations 1987F55 ;

[F56 “independent hospital”—

(a) in England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;

an attendance allowance under section 64 of the Benefits Act;

(b) in Wales, has the meaning assigned to it by section 2 of the Care Standards Act 2000; and

(c) in Scotland, means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001;]

F57 ...

F58 ...

[F59 “the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;]

F60 ...

F61 ...

F62 ...

“invalid carriage or other vehicle" means a vehicle propelled by a petrol engine or by electric power supplied for use on the road and to be controlled by the occupant;

“jobseeking period" means the period described in regulation 47 [F63 except where otherwise provided];

“last day of the course" has the meaning prescribed in regulation 130 for the purposes of the definition of “period of study" in this paragraph;

“liable relative" has the meaning prescribed in regulation 117;

[F64 “the London Bombings Relief Charitable Fund” means the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005;]

“lone parent" means a person who has no partner and who is responsible for, and a member of the same household as, a child or young person;

“long tenancy" means a tenancy granted for a term of years certain exceeding twenty one years, whether or not the tenancy is, or may become, terminable before the end of that term by notice given by or to the tenant or by re-entry, forfeiture (or, in Scotland, irritancy) or otherwise and includes a lease for a term fixed by law under a grant with a covenant or obligation for perpetual renewal unless it is a lease by sub-demise from one which is not a long tenancy;

[F65 “long-term patient” means a person who—

(a) is a patient within the meaning of regulation 85(4); and

(b) has been such a patient for a continuous period of more than 52 weeks;]

F66 ...

“the Macfarlane (Special Payments) Trust" means the trust of that name, established on 29th January 1990 partly out of funds provided by the Secretary of State for the benefit of certain persons suffering from haemophilia;

“the Macfarlane (Special Payments) (No.2) Trust" means the trust of that name, established on 2nd May 1991 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia and other beneficiaries;

“the Macfarlane Trust" means the charitable trust, established partly out of funds provided by the Secretary of State to the Haemophilia Society, for the relief of poverty or distress among those suffering from haemophilia;

“making a claim" includes treated as making a claim;

“maternity leave" means a period during which a woman is absent from work because she is pregnant or has given birth to a child, and at the end of which she has a right to return to work either under the terms of her contract of employment or under [F67 Part VIII of the Employment Rights Act 1996];

[F68 “MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;]

“mobility supplement" means any supplement under [F69 article 20 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006] F70 including such a supplement by virtue of any other scheme or order or under article 25A of the Personal Injuries (Civilians) Scheme 1983F71 ;

“net earnings" means such earnings as are calculated in accordance with regulation 99;

“net profit" means such profit as is calculated in accordance with regulation 101;

[F72 “the New Deal options” means the employment programmes specified in regulation 75(1)(a)(ii) and the training scheme specified in regulation 75(1)(b)(ii);]

“non-dependant" has the meaning prescribed in regulation 2;

“non-dependant deduction" means a deduction that is to be made under regulation 83(f) and paragraph 17 of Schedule 2;

F73 ...

“occupational pension" means any pension or other periodical payment under an occupational pension scheme but does not include any discretionary payment out of a fund established for relieving hardship in particular cases;

“partner" means where a claimant–

(a) is a member of [F74 a couple], the other member of that couple;

(b) is married polygamously to two or more members of his household, any such member;

[F75 but in so far as this definition applies to a member of a joint-claim couple, it shall only apply to such a member specified in regulation 3E(2)]

“part-time student" means a person who is attending or undertaking a course of study and who is not a full-time student;

[F76 “paternity leave” means a period of absence from work on leave by virtue of section 80A or 80B of the Employment Rights Act 1996;]

“payment" includes a part of a payment;

“pay period" means the period in respect of which a claimant is, or expects to be, normally paid by his employer, being a week, a fortnight, four weeks, a month or other longer or shorter period as the case may be;

“period of study" except in Parts II, IV and V means–

(a) in the case of a course of study for one year or less, the period beginning with the start of the course and ending with the last day of the course;

(b) in the case of a course of study for more than one year, in the first or, as the case may be, any subsequent year of the course, other than the final year of the course, the period beginning with the start of the course or, as the case may be, that year’s start and ending with either—

[F77 (i) the day before the start of the next year of the course in a case where the student’s grant or loan is assessed at a rate appropriate to his studying throughout the year, or, if he does not have a grant or loan, where a loan would have been assessed at such a rate had he had one; or]

(ii) in any other case the day before the start of the normal summer vacation appropriate to his course;

(c) in the final year of a course of study of more than one year, the period beginning with that year’s start and ending with the last day of the course;

“policy of life insurance" means any instrument by which the payment of money is assured on death (except death by accident only) or the happening of any contingency dependent on human life, or any instrument evidencing a contract which is subject to payment of premiums for a term dependent on human life;

“polygamous marriage" means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy;

F78 ...

[F25 “public authority” includes any person certain of whose functions are functions of a public nature;]

[F79 “qualifying age for state pension credit” means—

(a) in the case of a woman, pensionable age; or

(b) in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;]

“qualifying person" means a person in respect of whom payment has been made from the Fund[F80 , the Eileen Trust [F81 , MFET Limited] [F82 , the Skipton Fund or the London Bombings Relief Charitable Fund]];

“relative" means close relative, grand-parent, grand-child, uncle, aunt, nephew or niece;

“relevant enactment" has the meaning prescribed in [F83 regulation 78(9)(a)];

“remunerative work" has the meaning prescribed in regulation 51(1);

F73 ...

F84 ...

F73 ...

[F85 “sandwich course” has the meaning prescribed in regulation 2(9) of the Education (Student Support) Regulations 2008, regulation 4(2) of the Education (Student Loans) (Scotland) Regulations 2007, regulation 2(8) of the Education (Student Support) Regulations (Northern Ireland) 2007;]

“self-employed earner" has the meaning it has in Part I of the Benefits Act by virtue of section 2(1)(b) of that Act;

[F86 “self-employment route” means assistance in pursuing self-employed earner’s employment whilst participating in—

(a) an employment zone programme; or

(b) a programme provided or other arrangements made pursuant to section 2 of the Employment and Training Act 1973 (functions of the Secretary of State) or section 2 of the Enterprise and New Towns (Scotland) Act 1990 (functions in relation to training for employment etc.);]

[F25 “service user group" means a group of individuals that is consulted by or on behalf of—

(a) a Health Board, Special Health Board or the Agency in consequence of a function under section 2B of the National Health Service (Scotland) Act 1978,

(b) a landlord authority in consequence of a function under section 105 of the Housing Act 1985,

(c) a public authority in consequence of a function under section 49A of the Disability Discrimination Act 1995,

(d) a best value authority in consequence of a function under section 3 of the Local Government Act 1999,

(e) a local authority landlord or registered social landlord in consequence of a function under section 53 of the Housing (Scotland) Act 2001,

(f) a relevant English body or a relevant Welsh body in consequence of a function under section 242 of the National Health Service Act 2006,

(g) a Local Health Board in consequence of a function under section 183 of the National Health Service (Wales) Act 2006,

(h) the Commission or the Office of the Health Professions Adjudicator in consequence of a function under sections 4, 5, or 108 of the Health and Social Care Act 2008,

(i) the regulator or a [F87 private registered provider of social housing] in consequence of a function under sections 98, 193 or 196 of the Housing and Regeneration Act 2008, or

(j) a public or local authority in Great Britain in consequence of a function conferred under any other enactment,

for the purposes of monitoring and advising on a policy of that body or authority which affects or may affect persons in the group, or of monitoring or advising on services provided by that body or authority which are used (or may potentially be used) by those persons;]

“single claimant" means a claimant who neither has a partner nor is a lone parent;

[F88 “the Skipton Fund” means the ex-gratia payment scheme administered by the Skipton Fund Limited, incorporated on 25th March 2004, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with the scheme’s provisions;]

[F89 “sports award" means an award made by one of the Sports Councils named in section 23(2) of the National Lottery etc. Act 1993 out of sums allocated to it for distribution under that section;]

F90 ...

[F23 “subsistence allowance" means an allowance which an employment zone contractor has agreed to pay to a person who is participating in an employment zone programme;]

“terminal date" in respect of a claimant means the terminal date in his case for the purposes of regulation 7 of the Child Benefit (General) Regulations 1976;

“training allowance" means an allowance (whether by way of periodical grants or otherwise) payable—

(a) out of public funds by a Government department or by or on behalf of the Secretary of StateF91 ..., [F92 Skills Development Scotland,] Scottish Enterprise or Highlands and Islands Enterprise; and[F93 , the [F94 Young People’s Learning Agency for England, the Chief Executive of Skills Funding] or the [F95 Welsh Ministers]]

(b) to a person for his maintenance or in respect of a member of his family; and

(c) for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, that department or approved by that department in relation to him or so provided or approved by or on behalf of the Secretary of StateF91 ..., [F92 Skills Development Scotland,] Scottish Enterprise or Highlands and Islands Enterprise [F96 or the [F95 Welsh Ministers]],

but it does not include an allowance paid by any Government department to or in respect of a person by reason of the fact that he is following a course of full-time education, other than under arrangements made under section 2 of the Employment and Training Act 1973 [F97 or section 2 of the Enterprise and New Towns (Scotland) Act 1990,] or is training as a teacher;

“voluntary organisation" means a body, other than a public or local authority, the activities of which are carried on otherwise than for profit;

[F7 “war disablement pension” means any retired pay or pension or allowance payable in respect of disablement under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003;]

[F7 “war pension” means a war disablement pension, a war widow’s pension or a war widower’s pension;]

[F7 “war widow’s pension” means any pension or allowance payable to a woman as a widow under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;]

[F7 “war widower’s pension” means any pension or allowance payable to a man as a widower or to a surviving civil partner under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;]

F98 ...

F98 ...

F98 ...

“water charges" means–

(a) as respects England and Wales, any water and sewerage charges under Chapter 1 of Part V of the Water Industry Act 1991 F99 ;

(b) as respects Scotland, any water and sewerage charges under Schedule 11 to the Local Government Finance Act 1992 F100 ;

in so far as such charges are in respect of the dwelling which a person occupies as his home;

“week" in [F101 the definitions of “full-time course of advanced education” and of “full-time student” and] [F102 Parts III, VI, VII, VIII, IX, X, XI, XII and XIII] means a period of 7 days;

[F103 “the Welfare Reform Act” means the Welfare Reform Act 2007;]

[F104 “welfare to work beneficiary" means a person–

(a)

to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations 1995 applies; and

(b)

who again becomes incapable of work for the purposes of Part XIIA of the Contributions and Benefits Act 1992;]

[F105 “Work Experience” means the employment programme specified in regulation 75(1)(a)(vi);]

[F106 “working tax credit” means a working tax credit under section 10 of the Tax Credits Act 2002;]

F20 ...

“year of assessment" has the meaning prescribed in section 832(1) of the Income and Corporation Taxes Act 1988 F107 ;

“young person" except in Part IV has the meaning prescribed in regulation 76.

[F108 (3A) For the purposes of the definition of “full-time student" in paragraph (3) but subject to paragraph (3D), a person shall be regarded as attending or, as the case may be, undertaking a course of study or as being on a sandwich course—

(a) subject to paragraph (3B), in the case of a person attending or undertaking a part of a modular course which would be a full-time course of study, for a period beginning on the day on which that part of the course starts and ending—

(i) on the last day on which he is registered with the educational establishment as attending or undertaking that part as a full-time course of study; or

(ii) on such earlier date (if any) as he finally abandons the course or is dismissed from it;

(b) in any other case, throughout the period beginning on the date on which he starts attending or undertaking the course and ending on the last day of the course or on such earlier date (if any) as he finally abandons it or is dismissed from it.

(3B) For the purpose of sub-paragraph (a) of paragraph (3A), the period referred to in that sub-paragraph shall include—

(a) where a person has failed examinations or has failed to successfully complete a module relating to a period when he was attending or undertaking a part of the course as a full-time course of study, any period in respect of which he attends or undertakes the course for the purpose of retaking those examinations or that module;

(b) any period of vacation within the period specified in that paragraph or immediately following that period except where the person has registered with the educational establishment to attend or undertake the final module in the course and the vacation immediately follows the last day on which he is required to attend or undertake the course.

(3C) In paragraph (3A), “modular course" means a course of study which consists of two or more modules, the successful completion of a specified number of which is required before a person is considered by the educational establishment to have completed the course.

(3D) A full-time student shall not be regarded as undertaking a full-time course of advanced education or a full-time course of study for the period specified in paragraph (3E) if—

(a) at any time during an academic year, with the consent of the relevant educational establishment, he ceases to attend or undertake a course because he is—

(i) engaged in caring for another person; or

(ii) ill;

(b) he has subsequently ceased to be engaged in caring for that person or, as the case may be, he has subsequently recovered from that illness; and

(c) he is not eligible for a grant or a student loan (as defined in regulation 130) in respect of the period specified in paragraph (3E).

(3E) The period specified for the purposes of paragraph (3D) is the period[F109 , not exceeding one year,] beginning on the day on which he ceased to be engaged in caring for that other person or, as the case may be, the day on which he recovered from that illness and ending on the day before—

(a) the day on which he resumes attending or undertaking the course; or

[F110 (b) the day from which the relevant educational establishment has agreed that he may resume attending or undertaking the course,]

whichever shall first occur.]

[F111 (3F) For the purposes of these Regulations, where a person’s principal place of residence is a [F112 care home, an Abbeyfield Home or an independent hospital and he is temporarily absent from that home or hospital, he shall be regarded as continuing to reside in that home or hospital]—

(a) where he is absent because he is a patient, for the first [F113 52] weeks of any such period of absence and for this purpose—

(i) “patient” has the meaning it has in Schedule 5 by virtue of regulation 85; and

(ii) periods of absence separated by not more than 28 days shall be treated as a single period of absence equal in duration to all those periods; and

(b) for the first three weeks of any other period of absence.]

(4) In these Regulations, unless the context otherwise requires, a reference–

(a) to a numbered section is to the section of the Act bearing that number;

(b) to a numbered Part is to the Part of these Regulations bearing that number;

(c) to a numbered regulation or Schedule is to the regulation in or Schedule to these Regulations bearing that number;

(d) in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number;

(e) in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

(5) Unless the context requires otherwise, any reference to the claimant’s family or, as the case may be, to a member of his family, shall be construed for the purposes of these Regulations as if it included in relation to a polygamous marriage a reference to any partner and to any child or young person who is treated as the responsibility of the claimant or his partner, where that child or young person is a member of the claimant’s household.

Textual Amendments

F1 Words in reg. 1(3) inserted (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 1(a)(ii)

F2 Words in reg. 1(3) inserted (8.12.2002) by The Social Security (Paternity and Adoption) Amendment Regulations 2002 (S.I. 2002/2689), regs. 1(1)(b), 3(2)(a)

F3 Words in reg. 1(3) inserted (4.4.2005) by The Social Security (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/574), regs. 1(1), 2(1)

F4 S.I. 1983/686.

F5 Words in reg. 1(3) inserted (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(2), 4(2)(a)

F6 Words in reg. 1(3) inserted (6.4.2009 for specified purposes) by The Social Security (Flexible New Deal) Regulations 2009 (S.I. 2009/480), regs. 1(2)(3), 2(2)(a)

F7 Words in reg. 1(3) inserted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(2)(g)

F8 Words in reg. 1(3) substituted (6.4.2009) by The Social Security (Claims and Payments) Amendment Regulations 2009 (S.I. 2009/604), regs. 1, 3

F9 Words in reg. 1(3) inserted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Working Tax Credit and Child Tax Credit) (Amendment) Regulations 2002 (S.I. 2002/2402), reg. 1(3), Sch. 2 para. 1(a)

F10 Words in reg. 1(3) inserted (coming into force in accordance with reg. 1(2)(3)(4)(5)(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/563), regs. 1, 5(1)(2)(f)

F11 S.I. 1987/1968.

F12 Word in reg. 1(3) omitted (28.10.1996) by virtue of The Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/2538), regs. 1, 2(2)(b)

F13 Words in reg. 1(3) substituted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 26(2)(a) (with art. 3)

F14 1992 c.37.

F15 Words in reg. 1(3) substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(2)(a)

F16 Words in reg. 1(3) substituted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 26(2)(b) (with art. 3)

F17 Words in reg. 1(3) substituted (coming into force in accordance with reg. 1(1)(b)(i) of the amending S.I.) by The Social Security (Students and Income-related Benefits) Amendment Regulations 2004 (S.I. 2004/1708), regs. 1(1)(b), 6(1)

F18 Words in reg. 1(3) substituted (31.7.2000) by The Social Security Amendment (Students) Regulations 2000 (S.I. 2000/1981), regs. 1(1), 6(2)(a)(i)

F19 Regulation 6 was amended by S.I. 1988/522, 1989/1686, 1990/725, 2208, 1991/2284, 2741, 1993/2113 and 1994/2319.

F20 Words in reg. 1(3) omitted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by virtue of The Income-related Benefits and Jobseeker’s Allowance (Working Tax Credit and Child Tax Credit) (Amendment) Regulations 2002 (S.I. 2002/2402), reg. 1(3), Sch. 2 para. 1(c)

F21 Words in reg. 1(3) omitted (4.4.2005) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/574), regs. 1(1), 6(2)

F22 Words in reg. 1(3) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(2)(a)

F23 Words in reg. 1(3) inserted (3.4.2000) by The Social Security Amendment (Employment Zones) Regulations 2000 (S.I. 2000/724), regs. 1(1), reg. 2(d)

F24 Words in reg. 1(3) omitted (14.4.2008) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/698), regs. 1(1), 4(2)(a)

F25 Words in reg. 1(3) inserted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2009 (S.I. 2009/2655), regs. 1(2)(b), 4(2)

F26 Words in reg. 1(3) omitted (1.4.2004) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/565), regs. 1(2)(a), 5(2)

F27 Words in reg. 1(3) omitted (1.4.2001) by virtue of The Jobseeker’s Allowance (Amendment) Regulations 2001 (S.I. 2001/1434), regs. 1(3), 2(2)(a)

F28 Words in reg. 1(3) inserted (5.10.2009) by The Social Security (Flexible New Deal) Regulations 2009 (S.I. 2009/480), regs. 1(3), 2(2)

F29 Words in reg. 1(3) omitted (31.7.2000) by virtue of The Social Security Amendment (Students) Regulations 2000 (S.I. 2000/1981), reg. 6(2)(a)(ii)(aa)

F30 Word in reg. 1(3) omitted (31.7.2000) by virtue of The Social Security Amendment (Students) Regulations 2000 (S.I. 2000/1981), reg. 6(2)(a)(ii)(bb)

F31 Words in reg. 1(3) substituted (1.4.2001) by The Jobseeker’s Allowance (Amendment) Regulations 2001 (S.I. 2001/1434), regs. 1(3), 2(2)(b)

F32 Words in reg. 1(3) substituted (1.9.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England) Order 2010 (S.I. 2010/1941), arts. 1, 5(2)(a)(i)

F33 Words in reg. 1(3) substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(2)(b)

F34 Words in reg. 1(3) omitted (7.10.1996) by virtue of The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), regs. 1(1), 2(3)

F35 Words in reg. 1(3) substituted (1.8.2001) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(a), 2(3)(b)

F36 Words in reg. 1(3) added (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), regs. 1(1), 2(3)

F37 Words in reg. 1(3) substituted (1.4.2001) by The Jobseeker’s Allowance (Amendment) Regulations 2001 (S.I. 2001/1434), regs. 1(3), 2(2)(c)

F38 Words in reg. 1(3) substituted (1.9.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England) Order 2010 (S.I. 2010/1941), arts. 1, 5(2)(a)(ii)

F39 Word in reg. 1(3) omitted (31.7.2000) by virtue of The Social Security Amendment (Students) Regulations 2000 (S.I. 2000/1981), regs. 1(1), 6(2)(a)(ii)(cc)

F40 Words in reg. 1(3) inserted (10.4.2006) by The Social Security (Young Persons) Amendment Regulations 2006 (S.I. 2006/718), regs. 1(2)(a), 3(2)

F41 Words in reg. 1(3) substituted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 4(2)(b)(i)

F42 Words in reg. 1(3) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 4(2)(b)(ii)

F43 Words in reg. 1(3) substituted (1.9.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England) Order 2010 (S.I. 2010/1941), arts. 1, 5(2)(b)(i)

F44 Words in reg. 1(3) substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(2)(c)

F45 Words in reg. 1(3) omitted (7.10.1996) by virtue of The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), regs. 1(1), 2(2)

F46 Words in reg. 1(3) substituted (1.8.2001) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(a), 2(3)(c)

F47 Words in reg. 1(3) added (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), regs. 1(1), 2(2)

F48 Words in reg. 1(3) substituted (1.4.2001) by The Jobseeker’s Allowance (Amendment) Regulations 2001 (S.I. 2001/1434), regs. 1(3), 2(2)(d)

F49 Words in reg. 1(3) substituted (1.9.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England) Order 2010 (S.I. 2010/1941), arts. 1, 5(2)(b)(ii)

F50 Words in reg. 1(3) inserted (17.11.2008) by The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 4(2)(a)

F51 1992 c.37.

F52 Words in reg. 1(3) substituted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/65), reg. 1(1)(2), 4(2)

F53 Words in reg. 1(3) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 8(2) (with regs. 2, 3, Sch. 3, Sch. 4)

F54 Words in reg. 1(3) inserted (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(2), reg. 4(2)

F55 S.I. 1987/1967.

F56 Words in reg. 1(3) substituted (1.10.2010) by The Health and Social Care Act 2008 (Miscellaneous Consequential Amendments) Order 2010 (S.I. 2010/1881), arts. 1(1), 8

F57 Words in reg. 1(3) omitted (17.11.2008) by virtue of The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 4(2)(b)(i)

F58 Words in reg. 1(3) omitted (17.11.2008) by virtue of The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 4(2)(b)(ii)

F59 Words in reg. 1(3) inserted (1.10.2007) by The Independent Living Fund (2006) Order 2007 (S.I. 2007/2538), arts. 1, 4(2)

F60 Words in reg. 1(3) omitted (17.11.2008) by virtue of The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 4(2)(b)(iii)

F61 Words in reg. 1(3) omitted (17.11.2008) by virtue of The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 4(2)(b)(iv)

F62 Words in reg. 1(3) omitted (14.4.2008) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/698), regs. 1(1), 4(2)(b)

F63 Words in reg. 1(3) added (1.6.1998) by The Social Security Amendment (New Deal) Regulations 1998 (S.I. 1998/1274), regs. 1(1), 2

F64 Words in reg. 1(3) inserted (12.12.2005) by The Income-related Benefits (Amendment) (No. 2) Regulations 2005 (S.I. 2005/3391), regs. 1, 5(2)(a)

F65 Words in reg. 1(3) inserted (coming into force in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(2)

F66 Words in reg. 1(3) revoked (1.10.2007) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2007 (S.I. 2007/2618), reg. 1(1), Sch.

F67 Words in reg. 1(3) substituted (1.10.2007) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2007 (S.I. 2007/2618), regs. 1(1), 8(2)(a)

F68 Words in reg. 1(3) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 4(2)(a)

F69 Words in reg. 1(3) substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(2)(d)

F70 S.I. 1983/883.

F71 S.I. 1983/686; amended by S.I. 1983/1164, 1540 and 1986/628.

F72 Words in reg. 1(3) inserted (6.3.2000) by The Jobseeker’s Allowance (Amendment) Regulations 2000 (S.I. 2000/239), regs. 1, 2(2)

F73 Words in reg. 1(3) omitted (24.10.2005) by virtue of The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 1(a)(i)

F74 Words in reg. 1(3) substituted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 26(2)(c) (with art. 3)

F75 Words in reg. 1(3) added (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 1

F76 Words in reg. 1(3) inserted (8.12.2002) by The Social Security (Paternity and Adoption) Amendment Regulations 2002 (S.I. 2002/2689), regs. 1(1)(b), 3(2)(b)

F77 Words in reg. 1(3) substituted (for specified purposes and with effect in accordance with reg. 1(bi)(bii) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2000 (S.I. 2000/1922), regs. 1, 3(2)(a)

F78 Words in reg. 1(3) omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), reg. 1, Sch. Pt. II para. 1(a)

F79 Words in reg. 1(3) inserted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 10(2)

F80 Words in reg. 1(3) substituted (12.5.2004) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2004 (S.I. 2004/1141), regs. 1(1), 2(a)

F81 Words in reg. 1(3) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 4(3)(a)

F82 Words in reg. 1(3) substituted (12.12.2005) by The Income-related Benefits (Amendment) (No. 2) Regulations 2005 (S.I. 2005/3391), regs. 1, 5(2)(b)

F83 Words in reg. 1(3) substituted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), reg. 1(1), Sch. Pt. 2

F84 Words in reg. 1(3) omitted (6.10.2003) by virtue of The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1121), reg. 1, Sch. 2 para. 1

F85 Words in reg. 1(3) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 4(2)(c)

F86 Words in reg. 1(3) substituted (4.5.2004) by The Social Security (Income-Related Benefits Self-Employment Route Amendment) Regulations 2004 (S.I. 2004/963), regs. 1(1), 2

F87 Words in reg. 1(3) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) (No. 2) Order 2010 (S.I. 2010/671), art. 1(2), Sch. 1 para. 15 (with Sch. 2); S.I. 2010/862, art. 2

F88 Words in reg. 1(3) inserted (12.5.2004) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2004 (S.I. 2004/1141), regs. 1(1), 2(b)(iii)

F89 Words in reg. 1(3) inserted (23.8.1999) by The Social Security Amendment (Sports Awards) Regulations 1999 (S.I. 1999/2165), regs. 1(1), 2(2)(f)

F90 Words in reg. 1(3) omitted (6.4.2009) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(2), 4(2)(b)

F91 Words in reg. 1(3) omitted (14.4.2008) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/698), regs. 1(1), 4(2)(c)

F92 Words in reg. 1(3) inserted (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(2), 4(3)(a)

F93 Words in reg. 1(3) added (26.3.2001) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2001 (S.I. 2001/652), regs. 1(1)(a), 2(b)(i)

F94 Words in reg. 1(3) substituted (1.9.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England) Order 2010 (S.I. 2010/1941), arts. 1, 5(2)(c)

F95 Words in reg. 1(3) substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(2)(e)

F96 Words in reg. 1(3) added (26.3.2001) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2001 (S.I. 2001/652), regs. 1(1)(a), 2(b)(ii)

F97 Words in reg. 1(3) inserted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 2(4)

F98 Words in reg. 1(3) omitted (5.1.2009) by virtue of The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(2)(f)

F99 1991 c.56.

F100 1992 c.15.

F101 Words in reg. 1(3) inserted (7.4.1997) by The Social Security (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/454), regs. 1(c), 2(2)

F102 Words in reg. 1(3) substituted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 2(3)

F103 Words in reg. 1(3) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(2)(b)

F104 Words in reg. 1(3) inserted (5.10.1998) by The Social Security (Welfare to Work) Regulations 1998 (S.I. 1998/2231), regs. 1, 14(2)

F105 Words in reg. 1(3) inserted (5.4.2011) by The Jobseeker’s Allowance (Work Experience) (Amendment) Regulations 2011 (S.I. 2011/789), regs. 1, 2(2)

F106 Words in reg. 1(3) inserted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Working Tax Credit and Child Tax Credit) (Amendment) Regulations 2002 (S.I. 2002/2402), reg. 1(3), Sch. 2 para. 1(b)

F107 1988 c.1.

F108 Reg. 1(3A)-(3E) inserted (31.7.2000) by The Social Security Amendment (Students) Regulations 2000 (S.I. 2000/1981), regs. 1(1), 6(2)(b)

F109 Words in reg. 1(3E) inserted (1.8.2002) by The Social Security Amendment (Intercalating Students) Regulations 2002 (S.I. 2002/1763), regs. 1, 2(1)(a)

F110 Reg. 1(3E)(b) substituted (1.8.2002) by The Social Security Amendment (Intercalating Students) Regulations 2002 (S.I. 2002/1763), regs. 1, 2(1)(b)

F111 Reg. 1(3F) inserted (8.4.2002) by The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), reg. 1, Sch. Pt. II para. 1(b)

F112 Words in reg. 1(3F) substituted (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 1(b)

F113 Word in reg. 1(3F)(a) substituted (coming into force in accordance with reg. 1(f) of the amending S.I.) by The Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1195), regs. 1(f), 6(2)

Modifications etc. (not altering text)

C1 Reg. 1 applied (29.11.1999) by The Social Security (Claims and Information) Regulations 1999 (S.I. 1999/3108), regs. 1, 16(3)

C2 Reg. 1 applied (15.10.2001) by The Social Security (Breach of Community Order) Regulations 2001 (S.I. 2001/1395), regs. 1(1), 3(7)

C3 Reg. 1(3) applied (15.10.2001) by The Social Security (Breach of Community Order) Regulations 2001 (S.I. 2001/1395), regs. 1(1), 3(7)(b)

C4 Reg. 1(3) modified (22.11.2010) by The Jobseeker’s Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010 (S.I. 2010/1222), regs. 1(2), 13

Definition of non-dependant

2.—(1) In these Regulations, “non-dependant" means any person, except a person to whom paragraph (2), (3) or (4) applies, who normally resides with the claimant or with whom the claimant normally resides.

(2) This paragraph applies to–

(a) any member of the claimant’s family;

(b) a child or young person who is living with the claimant but who is not a member of his household by virtue of regulation 78 (circumstances in which a person is to be treated as being or not being a member of the household);

(c) a person who lives with the claimant in order to care for him or for the claimant’s partner and who is engaged for that purpose by a charitable or voluntary organisation (other than a public or local authority) which makes a charge to the claimant or the claimant’s partner for the care provided by that person;

(d) the partner of a person to whom sub-paragraph (c) applies.

(3) This paragraph applies to a person, other than a close relative of the claimant or the claimant’s partner,—

(a) who is liable to make payments on a commercial basis to the claimant or the claimant’s partner in respect of his occupation of the claimant’s dwelling;

(b) to whom the claimant or the claimant’s partner is liable to make payments on a commercial basis in respect of his occupation of that person’s dwelling;

(c) who is a member of the household of a person to whom sub-paragraph (a) or (b) applies.

(4) Subject to paragraph (5), this paragraph applies to–

(a) a person who jointly occupies the claimant’s dwelling and who is either–

(i) a co-owner of that dwelling with the claimant or the claimant’s partner (whether or not there are other co-owners); or

(ii) jointly liable with the claimant or the claimant’s partner to make payments to a landlord in respect of his occupation of that dwelling; or

(b) a partner of a person to whom sub-paragraph (a) applies.

(5) Where a person is a close relative of the claimant or the claimant’s partner, paragraph (4) shall apply to him only if the claimant’s, or the claimant’s partner’s, co-ownership, or joint liability to make payments to a landlord in respect of his occupation, of the dwelling arose either before 11th April 1988, or, if later, on or before the date upon which the claimant or the claimant’s partner first occupied the dwelling in question.

(6) For the purposes of this regulation a person resides with another only if they share any accommodation except a bathroom, a lavatory or a communal area but not if each person is separately liable to make payments in respect of his occupation of the dwelling to the landlord.

(7) In this regulation “communal area" means any area (other than rooms) of common access (including halls and passageways) and rooms of common use in sheltered accommodation.

[F114 Disapplication of section 1(1A) of the Administration Act

2A.   Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply—

F115 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) to any claim for jobseeker’s allowance made or treated as made before 5th October 1998.]

[F116 (c) to a person who—

(i) is a person in respect of whom a claim for jobseeker’s allowance is made;

(ii) is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act;

(iii) is not entitled to any jobseeker’s allowance for the purposes of section 1 of the Act; and

(iv) has not previously been allocated a national insurance number.]

Textual Amendments

F114 Reg. 2A inserted (1.12.1997) by The Social Security (National Insurance Number Information: Exemption) Regulations 1997 (S.I. 1997/2676), regs. 1(1), 12

F115 Reg. 2A(a) omitted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 1

F116 Reg. 2A(c) added (6.4.2009) by The Social Security (National Insurance Number Information: Exemption) Regulations 2009 (S.I. 2009/471), regs. 1, 7

Meanings of certain expressions used in the Jobseekers Act 1995

3.  For the purposes of the Act and of these Regulations—

• “employed earner" has the meaning it has in Part I of the Benefits Act by virtue of section 2(1)(a) of that Act;

• [F117 “employment", except as provided in regulations 4 and 75, includes any trade, business, profession, office or vocation;]

• “pensionable age" has the meaning it has in Parts I to VI of the Benefits Act by virtue of section 122(1) of that Act.

Textual Amendments

F117 Words in reg. 3 substituted (5.1.1998) by The Social Security Amendment (New Deal) Regulations 1997 (S.I. 1997/2863), regs. 1(1), 2