PART VI MEMBERSHIP OF THE FAMILY

Persons of a prescribed description76.

(1)

Subject to paragraph (2), a person of a prescribed description for the purposes of the definition of “family" in section 35(1) of the Act is a person F1who falls within the definition of qualifying young person in section 142 of the Benefits Act (child and qualifying young person), and in these Regulations, except in Part IV, such a person is referred to as a “young person".

(2)

Paragraph (1) shall not apply to a person who is–

F2(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

entitled to a jobseeker’s allowance or would, but for section 3(1)(d) of the Act (provision against dual entitlement) be so entitled; or

(c)

entitled to income support or would, but for section 134(2) of the Benefits Act (exclusion from benefit) be F3so entitled; or

(d)

a person to whom section 6 of the Children (Leaving Care) Act 2000 (exclusion from benefits) applies.

F4(3)

A person of a prescribed description for the purposes of the definition of “family” in section 35(1) of the Act includes a child or young person in respect of whom section 145A of the Benefits Act applies for the purposes of entitlement to child benefit but only for the period prescribed under section 145A(1) of that Act.