PART IV YOUNG PERSONS
Interpretation of Part IV57
1
In this Part–
F46...
F36“child benefit extension period” means the extension period within the meaning of regulation 5(3) of the Child Benefit (General) Regulations 2006 (extension period: 16 and 17 year olds).
“chronically sick or mentally or physically disabled" has the same meaning as in regulation 13(3)(b) of the Income Support Regulations (circumstances in which persons in relevant education may be entitled to income support);
F46...
“full-time education" has the same meaning as in regulation 1 of the Child Benefit (General) Regulations 1976 F1;
“suitable training" means training which is suitable for that young person in vocationally relevant respects, namely his personal capacity, aptitude, his preference, the preference of the training provider, the level of approved qualification aimed at, duration of the training, proximity and prompt availability of the training;
“training" in sections 3, 16 and 17 and in this Part except in regulation 65 read with section 7 and except in the phrase—
“suitable training", means training for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible F32secured by the F45F53Young People’s Learning Agency for EnglandF53Secretary of State, the Chief Executive of Skills Funding or by the F39Welsh Ministers and, in Scotland, provided, directly or indirectly by a Local Enterprise Company pursuant to its arrangement with, as the case may be, F40Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise (whether that arrangement is known as an Operating Contract or by any other name);
“treatment" means treatment for a disease or bodily or mental disablement by or under the supervision of a person qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment;
F33“young person” means a person—
- a
who has reached the age of 16 but not the age of 18;
- b
who does not satisfy the conditions in section 2 or whose entitlement to a contribution-based jobseeker’s allowance has ceased as a result of section 5(1); and
- c
who is not a person to whom section 6 of the Children (Leaving Care) Act 2000 (exclusion from benefits) applies
2
A young person falls within this paragraph if he is
a
a member of a married couple F34or of a civil partnership where the other member of that couple F35or civil partnership
i
has reached the age of 18 or
ii
is a young person who has registered for employment and training in accordance with regulation 62 or
iii
is a young person to whom paragraph (4) applies;
b
a person who has no parent nor any person acting in the place of his parents;
c
a person who–
i
is not living with his parents nor any person acting in the place of his parents; and
ii
immediately before he attained the age of 16 was
aa
bb
F11cc
in Scotland, 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.
d
a person who 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 he needs such accommodation because of his handicap or illness;
e
a 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—
i
chronically sick or mentally or physically disabled; or
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;
f
a person who 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.
3
In this regulation any reference to a person acting in the place of a person’s parents includes a reference—
F10a
in England and Wales, any reference in this regulation to a person acting in place (b) of a person’s parents includes a reference to—
i
where the person is being looked after by a local authority or voluntary organisation which places 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 by virtue of section 3 of that Act; and
b
in Scotland, any reference in this regulation 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 its 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 it.
4
This paragraph applies to
a
a person who falls under any of the following paragraphs of Schedule 1B to the Income Support Regulations F4
Paragraph 1 | (lone parents) |
Paragraph 2 | (single person looking after foster children) |
Paragraph 3 | (persons temporarily looking after another person) |
Paragraph 4 | (persons caring for another person) |
|
|
Paragraph 11 | |
| |
|
|
Paragraph 14 | (pregnancy) |
Paragraph 15 | (persons in education) |
Paragraph 18 | (refugees) |
Paragraph 21 | (persons from abroad) |
Paragraph 23 | (member of couple looking after children while other member temporarily abroad) |
Paragraph 28 | (persons in receipt of a training allowance); |
b
a person who is a member of a couple and is treated as responsible for a child who is a member of his household;
c
a person who is laid off or kept on short-time, who is available for employment in accordance with section 6 and Chapter II of Part II read with regulation 64 and who has not been laid off or kept on short-time for more than 13 weeks;
d
a person who is temporarily absent from Great Britain because he is taking a member of his family who is a child or young person abroad for treatment, and who is treated as being in Great Britain in accordance with regulation 50(1)(b) or whose entitlement to income support is to continue in accordance with regulation 4(3) of the Income Support Regulations and who is not claiming a jobseeker’s allowance or income support;
e
a person who is incapable of work and training 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.
F28 Young persons to whom section 3(1)(f)(iii) or 3A(1)(e)(ii) applies58
For the period specified in relation to him, a young person to whom regulation 59, 60 or 61 applies shall be regarded as a person within prescribed circumstances for the purposes of section 3(1)(f)(iii) or section 3A(1)(e)(ii) (conditions of entitlement for certain persons under the age of 18).
Young persons in the child benefit extension period59
1
For the period specified in paragraph (2), this regulation applies to a young person who falls within paragraph (2) of regulation 57.
2
The period in the case of any person falling within paragraph (1) is the child benefit extension period, except where regulation 61(1)(d) or (e) applies.
Young persons at the end of the child benefit extension period60
1
For the period specified in relation to him in paragraph (2), this regulation applies to a young person who is—
a
a person who has ceased to live in accommodation provided for him by a local authority under Part III of the Children Act 1989 F5 (local authority support for children and families) and is of necessity living away from his parents and any person acting in place of his parents;
2
a
Except where regulation 61(1)(d) or (e) applies, the period in the case of a person falling within paragraph 1(a) is the period which begins on the day on which that paragraph first applies to that person and ends on the day before the day on which that person attains the age of 18 or the day at the end of a period of 8 weeks immediately following the day on which paragraph 1(a) first had effect in relation to him, whichever is the earlier; and this period may include any week in which regulation 7 of the Child Benefit (General) Regulations 1976 (circumstances in which a person who has ceased to receive full-time education is to continue to be treated as a child) also applies to that person;
b
except where regulation 61(1)(d) or (e) applies, the period in the case of any person falling within paragraph 1(b) is the period beginning on the day F41... he was discharged, and ends on the last day of the period of 8 weeks beginning with the date on which the period began or on the day before the date on which that person attains the age of 18, whichever first occurs.
3
In this regulation, “week" means any period of 7 consecutive days.
Other young persons in prescribed circumstances61
1
For the period specified in relation to him in paragraph (2), this regulation applies to a young person—
a
who is a person who is laid off or kept on short-time and is available for employment in accordance with section 6 and Chapter II of Part II read with regulation 64;
b
who is a member of a couple and is treated as responsible for a child who is a member of his household;
c
who falls within a prescribed category of persons for the purposes of section 124(1)(e) of the Benefits Act F8 and who is not claiming income support;
F47d
to whom section 3(1)(f)(ii) or section 3A(1)(e)(i) does not apply, who is a person falling within paragraph (2) of regulation 57, sub-paragraph (a) or (b) of paragraph (1) of regulation 60, or sub-paragraph (b) or (c) of this paragraph, and who registers with Jobcentre Plus in accordance with regulation 62(2)(a); and
e
to whom section 3(1)(f)(ii) or section 3A(1)(e)(i) does not apply, who is a person falling within paragraph (2) of regulation 57, sub-paragraph (a) or (b) of paragraph (1) of regulation 60, or sub-paragraph (b) or (c) of this paragraph, and who registers with Jobcentre Plus in accordance with regulation 62(2)(b).
f
who has accepted a firm offer of enlistment by one of the armed forces with a starting date not more than 8 weeks after the offer was made who was not in employment or training at the time of that offer and whose jobseeker’s allowance has never been reduced in accordance with regulation 63 or F54section 19(2)(c) or (d) or section 19A(2)(d), (e), (f) or (g) read with regulation 68 or F55reduced in accordance with section 19(2)(a) or (b) read with Part V.
F37g
who has limited capability for work for the purposes of Part 1 of the Welfare Reform Act.
2
a
The period in the case of any person falling within paragraph (1)(a) is the period starting with the date on which he was laid off or first kept on short-time and ending on the date on which he ceases to be laid off or kept on short-time or the day before the day he attains the age of 18 or at the expiry of the 13 week period starting with the date of the lay off, or date he was first kept on short-time, whichever first occurs;
b
c
the period in the case of any person falling within paragraph (1)(d) is the period starting with the date of registration with F48Jobcentre Plus and ending on the day on which the person is next due to attend in accordance with regulation 23 F29or regulation 23A or on the date on which the period calculated in accordance with regulation 59(2) or 60(2) or sub-paragraph (b) would have expired, whichever first occurs;
d
the period in the case of any person falling within paragraph 1(e) is the period starting on the date of registration with F49Jobcentre Plus and ending five days after that date or on the day after the day on which he registered with F50a person other than Jobcentre Plus specified by the Secretary of State for the purposes of regulation 62(1), or on the date on which the period calculated in accordance with regulation 59(2) or 60(2) or sub-paragraph (b) would have expired, whichever first occurs;
e
the period in the case of any person falling within paragraph 1(f) is the period starting with the date of claim and ending with the day before the day on which he is due to enlist or the day before he attains the age of 18, whichever first occurs.
3
In this regulation “week" means a period of 7 consecutive days.
Registration62
1
Except in the circumstances set out in paragraphs (2) and (3) a young person to whom section 3(1)(f)(ii) or (iii) F30or section 3A(1)(e)(i) or (ii) applies other than one falling within regulation 61(1)(a) or (f), must register with F51such person as the Secretary of State may specify for both employment and training.
F522
A young person must register with Jobcentre Plus for both employment and training where the Secretary of State has specified a person other than Jobcentre Plus for the purposes of paragraph (1) and—
a
the young person is unable to register with that person because of an emergency affecting that person such as a strike or fire, or
b
the young person would suffer hardship because of the extra time it would take to register with that person.
Reduced payments under section 1763
1
Except as provided in paragraph (3), the amount of an income-based jobseeker’s allowance which would otherwise be payable to a young person shall be reduced byF18, if he is a single person or a lone parent, a sum equal to 40% of the amount applicable in his case by way of a personal allowance determined F19in accordance with paragraph 1(1) or 1(2) of Schedule 1 (as the case may be) or, if he is a member of a couple, a sum equal to 40% of the amount which would have been applicable in his case if he had been a single person determined in accordance with paragraph 1(1) of Schedule 1 for the period set out in paragraph (2) if
a
he was previously entitled to an income-based jobseeker’s allowance and that entitlement ceased by virtue of the revocation of a direction under section 16 because he had failed to pursue an opportunity of obtaining training or rejected an offer of training;
b
his allowance has at any time in the past been reduced in accordance with this regulation or in accordance with regulation 68 because he has done an act or omission falling within F57section 19(2)(a) or (b) or section 19A(2)(c) to (g) and he has—
i
failed to pursue an opportunity of obtaining training without showing F56a good reason for doing so,
ii
rejected an offer of training without showing F58a good reason for doing so or
iii
failed to complete a course of training and no certificate has been issued to him under subsection (4) of section 17 with respect to that failure;
c
he has–
i
done an act or omission falling within section 16(3)(b)(i) or (ii) and has not shown F59a good reason for doing so or done an act or omission falling within F60section 19A(2)(d) or (e) or failed to attend a training scheme or employment programmeF61... without F59a good reason or done an act or omission falling within F60section 19A(2)(d) or (e) or failed to attend a training scheme or employment programmeF61... for which he was regarded as having F59a good reason in accordance with regulation 67(1) and
ii
after that act or omission failed to complete a course of training and no certificate has been issued to him under subsection (4) of section 17 with respect to that failure
and at the time he did the act or omission falling within sub-paragraph (i) he was a new jobseeker;
d
he has–
i
failed to complete a course of training and no certificate has been issued to him under subsection (4) of section 17 with respect to that failure or F63given up a place on a training scheme or employment programmeF64... without F62a good reason or F63given up a place on a training scheme or employment programmeF64... for which he was regarded as having F62a good reason in accordance with regulation 67(1) and
ii
after that failure he has failed to complete a course of training and no certificate has been issued to him under subsection (4) of section 17 with respect to that failure and on the day before the day he first attended the course referred to in sub-paragraph (i) he was a new jobseeker; or
e
he has failed to complete a course of training and no certificate has been issued to him under subsection (4) of section 17 with respect to that failure and on the day before he first attended the course he was not a new jobseeker; or
f
he has failed to complete a course of training and no certificate has been issued to him under subsection (4) of section 17 with respect to that failure and he lost his place on the course through his misconduct.
2
The period shall start with the date on which the first severe hardship direction is made under section 16 after the act or acts referred to in paragraph (a), (b), (c), (d), (e) or (f) of paragraph (1) have taken place and shall end fourteen days later.
3
In the case of a young person who is pregnant or seriously ill who does an act falling within sub-paragraphs (a)—(f) of paragraph (1), the reduction shall be F20if he is a single person or a lone parent of 20% of the amount applicable in his case by way of a personal allowance F21determined in accordance with paragraph 1(1) or 1(2) of Schedule 1 (as the case may be) or, if he is a member of a couple, of 20% of the amount which would have been applicable in his case if he had been a single person determined in accordance with paragraph 1(1) of Schedule 1.
4
For the purposes of this regulation, “new jobseeker" means a young person who has not since first leaving full-time education been employed or self-employed for 16 or more hours per week or completed a course of training or failed to complete a course of training and no certificate has been issued to him to show F65a good reason for that failure under subsection (4) of section 17 or F66given up a place on a training scheme or employment programmeF67... without F65a good reason or done an act or omission falling within F68section 19A(2)(g)F69....
5
A reduction under paragraph (1) or (3) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p.
Availability for employment64
1
A young person is required to be available for employment in accordance with section 6 and Chapter II of Part II except as provided in paragraphs (2) and (3).
2
A young person whose jobseeker’s allowance has not been reduced in accordance with regulation 63 or in accordance with regulation 68 because he has done an act or omission falling within F70section 19A(2)(d), (e), (f) or (g) or section 19(2)(c) or (d) or in accordance with section 19(2)(a) or (b) read with Part V and who does not fall within regulation 61(1)(a) or (f) may restrict his availability for employment to employment where suitable training is provided by the employer.
3
A young person who places restrictions on the nature of employment for which he is available as permitted by paragraph (2) does not have to show that he has reasonable prospects of securing employment notwithstanding those restrictions.
Active seeking65
1
Subject to the following paragraphs, Section 7 and Chapter III of Part II shall have effect in relation to a young person as if “employment" included “training".
2
Subject to paragraphs (4) and (5), in order to have the best prospects of securing employment or training a young person can be expected to have to take more than one step on one occasion in any week unless taking one step on one occasion is all that it is reasonable for that person to do in that week, and unless it is reasonable for him to take only one step on one occasion, he can be expected to have to take at least one step to seek training and one step to seek employment in that week.
3
Subject to paragraph (4), steps which it is reasonable for a young person to be expected to have to take include, in addition to those set out in regulation 18(2)—
a
seeking training and
b
seeking full-time education.
4
Paragraphs (1), (2) and (3) do not apply to a young person falling within regulation 61(1)(a) or (f).
5
Paragraphs (1) and (2) do not apply to a young person F71... who has had his jobseeker’s allowance reduced in accordance with regulation 63 or regulation 68 because he has done an act or omission falling within F72section 19A(2)(a), (d), (e), (f) or (g) or section 19(2)(c) or (d) or in accordance with section 19(2)(a) or (b) read with Part V but paragraph (3) does apply to such a young person.
6
“Training" in section 7 and in this regulation means suitable training.
F9Attendance, information and evidence65A
A young person who does not fall within regulation 61(1)(a) or (f) shall, if the Secretary of State requires him to do so, provide, in addition to the declaration specified in regulation 24(6), a declaration to the effect that since making a claim for a jobseeker’s allowance or since he last provided a declaration in accordance with this regulation he has been actively seeking suitable training to the extent necessary to give him his best prospects of securing suitable training save as he has otherwise notified the Secretary of State.
The jobseeker’s agreement66
1
In a jobseeker’s agreement with a young person, other than one falling within regulation 61(1)(a) or (f), the following information is required in addition to that prescribed in chapter V of Part II: a broad description of the circumstances in which the amount of the person’s benefit may be reduced in accordance with section 17 and regulation 63, or F73section 19(2)(a), (b), (c) or (d) or section 19A(2)(a), (c), (d), (e), (f) or (g) and regulation 68.
2
A young person is to be treated as having entered into a jobseeker’s agreement and as having satisfied the condition mentioned in section 1(2)(b) as long as the circumstances set out in F16regulation 62(2) or 62(3) apply.
Sanctions67
1
Without prejudice to any other circumstances in which a person may be regarded as having F74a good reason for any act or omission for the purposes of F75section 19A(2)(d), (e) or (f), and in addition to the circumstances listed in regulation 73, a young person is to be regarded as having F74a good reason for any act or omission for the purposes of F75section 19A(2)(d), (e) or (f) where
a
this is the first occasion on which he has done an act or omission falling within F75section 19A(2)(d), (e) or (f) and he has not while claiming a jobseeker's allowance failed to pursue an opportunity of obtaining training without F74a good reason or rejected an offer of training without F74a good reason or failed to complete a course of training and no certificate has been issued to him under subsection (4) of section 17 with respect to that training; and
b
at the time he did the act or omission falling within F76section 19A(2)(d) or (e) or failed to attend a training scheme or employment programme he was F17... a new jobseeker or, F76in the case where he has given up a place on a training scheme or employment programme, at the time he first attended the scheme or programme he was F17... a new jobseeker.
2
Without prejudice to any other circumstances in which a person may be regarded as having F74a good reason for any act or omission for the purposes of F84section 19(2)(c) or (d), a young person is to be regarded as having F74a good reason for any act or omission for the purposes of F84section 19(2)(c) or (d) where the employer did not offer suitable training unless he falls within regulation 61(1)(a) or (f) or his jobseeker’s allowance has been reduced in accordance with regulation 63 or in accordance with regulation 68 because he has done an act or omission falling within F77section 19A(2)(d), (e), (f) or (g) or F85section 19(2)(a), (b), (c) or (d) read with Part V.
3
For the purposes of this regulation, “new jobseeker" means a young person who has not since first leaving full-time education been employed or self-employed for 16 or more hours per week or completed a course of training or failed to complete a course of training and no certificate has been issued to him to show F74a good reason for that failure under subsection (4) of section 17 or F78given up a place on a training scheme or employment programme without F74a good reason or done an act or omission falling within F79section 19A(2)(g).
Reduced amount of allowance68
1
Subject to paragraphs (2) and (4), the amount of an income-based jobseeker’s allowance which would otherwise be payable to a young person shall be reducedF22, if he is a single person or a lone parent, by a sum equal to 40% of the amount applicable in his case by way of a personal allowance determined F23 in accordance with paragraph 1(1) or 1(2) of Schedule 1 (as the case may be) or, if he is a member of a couple F31(including a joint-claim couple), a sum equal to 40% of the amount which would have been applicable in his case if he had been a single person determined in accordance with paragraph 1(1) of Schedule 1 for a period of two weeks from the beginning of the first week after F26the Secretary of State decision where the young person F80... has done any act or omission falling within F81section 19(2)(c) or (d) or section 19A(2)(a), (c), (d), (e), (f) or (g), unless the young person reaches the age of 18 before that two week period expires, in which case the allowance shall be payable at the full rate applicable in his case from the date he reaches the age of 18.
2
Subject to paragraph (4), in a case where the young person or any member of his family is pregnant or seriously ill the amount of an income-based jobseeker’s allowance which would otherwise be payable to the young person shall be reduced byF24, if he is a single person or a lone parent, a sum equal to 20% of the amount applicable in his case by way of a personal allowance determined F25in accordance with paragraph 1(1) or 1(2) of Schedule 1 (as the case may be) or, if he is a member of a couple F31(including a joint-claim couple), a sum equal to 20% of the amount which would have been applicable in his case if he had been a single person determined in accordance with paragraph 1(1) of Schedule 1 for a period of two weeks from the beginning of the first week after F27the Secretary of State decision where the young person F82... has done any act or omission falling within F83section 19(2)(c) or (d) or section 19A(2)(a), (c), (d), (e), (f) or (g), unless the young person reaches the age of 18 before that two week period expires, in which case the allowance shall be payable at the full rate applicable in his case from the date he reaches the age of 18.
3
A reduction under paragraph (1) or (2) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p.
4
If a young person’s claim for an income-based jobseeker’s allowance is terminated before the expiry of the period determined in accordance with paragraphs (1) and (2), and he makes a fresh claim for the allowance, it shall be payable to him at the reduced rate determined in accordance with paragraph (1) or (2) for the balance of the time remaining of that two weeks, unless the young person reaches the age of 18 before that two week period expires, in which case the allowance shall be payable at the full rate applicable in his case from the date he reaches the age of 18.
5
An income-based jobseeker’s allowance shall be payable to a young person at the full rate applicable in his case after the expiry of the two week period referred to in paragraphs (1) and (2).