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SCHEDULES

[F2Regulation 3D(1)(c)]

[F1SCHEDULE A1CATEGORIES OF MEMBERS OF A JOINT-CLAIM COUPLE WHO ARE NOT REQUIRED TO SATISFY THE CONDITIONS IN SECTION 1(2B)(b)

Textual Amendments

Interpretation

1.  In this Schedule, “member” means a member of a joint-claim couple.

Member studying full-time

2.—[F3(1) A member—

(a)who, at the date of claim, is [F4a qualifying young person within the meaning of] section 142 of the Benefits Act;

(b)who, at the date of claim, is a full-time student; or

(c)to whom (a) or (b) does not apply but to whom sub-paragraph (1A) or (2) does apply.

(1A) This sub-paragraph applies to a member who—

(a)as at the date of claim—

(i)had applied to an educational establishment to commence a full-time course of study commencing from the beginning of the next academic term or, as the case may be, the next academic year after the date of claim and that application has not been rejected; or

(ii)had been allocated a place on a full-time course of study commencing from the beginning of the next academic term or, as the case may be, the next academic year; and

(b)is either—

(i)[F4a qualifying young person within the meaning of] section 142 of the Benefits Act; or

(ii)a full-time student.

(2) This sub-paragraph applies to a member who has applied to an educational establishment to commence a full-time course of study (other than a course of study beyond a first degree course or a comparable course)—

(a)within one month of—

(i)the last day of a previous course of study; or

(ii)the day on which the member received examination results relating to a previous course of study; and

(b)who is either—

(i)[F4a qualifying young person within the meaning of] section 142 of the Benefits Act; or

(ii)a full-time student.]

(3) A member to whom any provision of regulation 13(2)(b) to (e) of the Income Support Regulations (persons receiving relevant education who are severely handicapped, orphans and persons estranged from their parents or guardian) applies.

Textual Amendments

F3Sch. A1 para. 2(1)(1A)(2) substituted for Sch. A1 para. 2(1)(2) (19.3.2001) by The Social Security Amendment (Joint Claims) Regulations 2001 (S.I. 2001/518), regs. 1(2), 2(6)(b)

Member caring for another person

3.  A member (the carer)—

(a)who is regularly and substantially engaged in caring for another person if—

(i)the person being cared for is in receipt of attendance allowance [F5, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act [F6, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations] [F7, armed forces independence payment] [F8,] the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act] [F9or the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022]; or

(ii)the person being cared for has claimed attendance allowance but only for the period up to the date of determination of that claim, or the period of 26 weeks from the date of that claim, whichever date is the earlier; or

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

(iv)the person being cared for has claimed entitlement to a disability living allowance [F10, child disability payment] [F11, armed forces independence payment] [F12[F13,] personal independence payment] [F14or adult disability payment] but only for the period up to the date of determination of that claim, or the period of 26 weeks from the date of that claim, whichever date is the earlier; or

(v)the person being cared for has claimed entitlement to the care component of a disability living allowance in accordance with regulation 13A of the Claims and Payments Regulations (advance claims and awards), an award at the highest or middle rate has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of the allowance; F15...

[F16(va)the person being cared for (“P”) has claimed entitlement to the care component of child disability payment in accordance with regulation 24 (when an application is to be treated as made and beginning of entitlement to assistance) of the DACYP Regulations, an award at the highest or middle rate has been made in respect of P’s claim, and where the period for which the award is payable has begun, P is in receipt of that payment;]

[F17(vi)the person being cared for has claimed entitlement to the daily living component of personal independence payment in accordance with regulation 33 of the Universal Credit etc. Claims and Payments Regulations (advance claim for and award of personal independence payment), an award of the standard or enhanced rate of the daily living component has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of that payment;] F18...

[F19(via)the person being cared for has claimed entitlement to the daily living component of adult disability payment in accordance with regulation 35 (when an application is to be treated as made and beginning of entitlement to assistance) of the Disability Assistance for Working Age People (Scotland) Regulations 2022, an award of the standard or enhanced rate of the daily living component has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of that payment; or]

[F20(vii)the person being cared for has claimed entitlement to armed forces independence payment and an award has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of that payment;]

(b)who is engaged in caring for another person and who is both entitled to, and in receipt of, [F21a] [F21carer’s allowance].

Textual Amendments

4.  A member to whom paragraph 3 applied, but only for a period of 8 weeks from the date on which that paragraph ceased to apply to him.

5.  A member who, had he previously made a claim for, and had been entitled to, a jobseeker’s allowance, would have fulfilled the conditions of paragraph 3, but only for a period of 8 weeks from the date on which he ceased to fulfil those conditions.

[F22Member treated as capable of work, or member entitled to statutory sick pay]

6.  A member who—

F23(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)is treated as capable of work by virtue of regulations made under section 171E(1) of [F24the Benefits Act] (disqualification etc.); or

(d)is entitled to statutory sick pay.

Textual Amendments

F22Sch. A1 para. 6 heading substituted (with effect in accordance with reg. 4(3)(4) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010 (S.I. 2010/2429), regs. 1(2), 4(2)(b)

F24Words in Sch. A1 para. 6(c) substituted (with effect in accordance with reg. 4(3)(4) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010 (S.I. 2010/2429), regs. 1(2), 4(2)(c)

[F25Member has limited capability for work

6A.  A person who—

(a)has limited capability for work under section 8 of the Welfare Reform Act; or

(b)is treated as having limited capability for work under regulations made under paragraph 1 of Schedule 2 to that Act; or

(c)is treated as not having limited capability for work under regulations made under section 18(1) of that Act (disqualification).]

Textual Amendments

[F266B.—(1) Subject to sub-paragraph (2), a person who provides—

(a)a statement which complies with the rules in Part 1 of Schedule 1 to the Social Security (Medical Evidence) Regulations 1976,

(b)a self-certificate for a period of limited capability for work which lasts less than 8 days or in respect of any of the first 7 days of limited capability for work, or

(c)where it would be unreasonable to require a person to provide a statement in accordance with paragraph (a), such other evidence as the Secretary of State considers to be sufficient to show that the person has limited capability for work.

(2) Sub-paragraph (1) applies to a person for the period covered by evidence falling within that sub-paragraph.

(3) For the purposes of this paragraph—

(a)“limited capability for work” has the meaning given by section 1(4) of the Welfare Reform Act 2007; and

(b)“self-certificate” means a declaration made by the person in writing on a form approved for the purpose by the Secretary of State that the person has been unfit for work on a date or for a period specified in the declaration and may include a statement that the person expects to continue to be unfit for work on days subsequent to the date on which it is made.]

Textual Amendments

[F27Members in employment living in residential care homes, nursing homes or residential accommodation

7.  A member to whom regulation 53(c) (persons treated as not engaged in remunerative work) applies.]

Textual Amendments

[F28Disabled workers

8.  A member to whom regulation 53(h) (persons treated as not engaged in remunerative work) applies.]

Textual Amendments

Disabled students

F299.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Deaf students

F3010.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Blind members

F3111.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Pregnancy

12.  A member who is a woman and who is incapable of work [F32or who has limited capability for work] by reason of pregnancy.

Textual Amendments

[F33Members who have attained the qualifying age for state pension credit

13.  A member who has attained the qualifying age for state pension credit.]

Textual Amendments

Refugees

14.  A member who is a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 and who—

(a)is attending for more than 15 hours a week a course for the purpose of learning English so that he may obtain employment; and

(b)on the date on which that course commenced, had been in Great Britain for not more than 12 months,

but only for a period not exceeding nine months.

[F34Members required to attend a court or tribunal

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

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

Textual Amendments

Young persons in training

16.  A member who [F35is not a qualifying young person or child within the meaning of section 142 of the Benefits Act (child and qualifying young person) and who] is engaged in training and for this purpose “training” means training for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible [F36secured by the [F37[F38Secretary of State]F39...] or by the [F40Welsh Ministers]] and, in Scotland, directly or indirectly by a Local Enterprise Company pursuant to its arrangements with, as the case may be, [F41Skills Development Scotland,] Scottish Enterprise or Highlands and Islands Enterprise (whether that arrangement is known as an Operating Contract or by any other name).

Textual Amendments

Trade disputes

17.  A member who is or would be prevented from being entitled to a jobseeker’s allowance by virtue of section 14 (trade disputes) but only where that section does not prevent the other member from being so entitled.]