2.—(1) The Income Support (General) Regulations 1987(1) shall be amended in accordance with the provisions of this regulation.
(2) For regulation 12 (relevant education)(2), there shall be substituted—
“12. For the purposes of these Regulations, a person is to be treated as receiving relevant education if he is a qualifying young person within the meaning of section 142 of the Contributions and Benefits Act (child and qualifying young person)(3).”.
(3) In regulation 13(2) (circumstances in which persons in relevant education are to be entitled to income support)(4)—
(a)for “aged 16 or over but under 19” there shall be substituted “who is a qualifying young person within the meaning of section 142 of the Contributions and Benefits Act (child and qualifying young person)”; and
(b)for sub-paragraph (b) there shall be substituted—
“(b)has in his applicable amount the disability premium or severe disability premium; or
(bb)has satisfied the provisions of paragraph 7 of Schedule 1B for a continuous period of not less than 196 days, and for this purpose any two or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period; or
(bc)he is a person to whom paragraph 1 of Part I of the Schedule to the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000(5) applies; or”.
(4) In regulation 14 (persons of a prescribed description)(6)—
(a)in paragraph (1), for the words from “aged 16 or over” to “(meaning of child)” there shall be substituted “who falls within the definition of qualifying young person in section 142 of the Contributions and Benefits Act (child and qualifying young person)”; and
(b)paragraph (2)(a) shall be omitted.
(5) In regulation 54 (interpretation for liable relatives) in the definition of “young claimant”, for “19” there shall be substituted “20”.
(6) In regulation 61(1) (interpretation for students)(7) in the definition of “full-time student”, for “means a person,” there shall be substituted “means a person who is not a qualifying young person or child within the meaning of section 142 of the Contributions and Benefits Act (child and qualifying young person) and”.
(7) In Schedule 1B (prescribed categories of person)(8)—
(a)in paragraph 15 (persons in education), for “severely handicapped persons” there shall be substituted “disabled persons, persons with limited leave to enter or remain”; and
(b)before paragraph 28, there shall be inserted the heading “Persons engaged in training”.
(c)in paragraph 28, after “A person who is” there shall be inserted “not a qualifying young person or child within the meaning of section 142 of the Contributions and Benefits Act (child and qualifying young person) and who is”.
(8) In Schedule 2 paragraph 2(1) (applicable amounts)(9), in paragraph (b) of column (1) of the table for “nineteenth” there shall be substituted “twentieth”.
(9) In Schedule 10 (capital to be disregarded), in paragraph 64(2)(c)(ii)(bb) and (4)(c)(ii)(bb)(10) for “19” there shall be substituted “20”.
S.I. 1987/1967.
Section 142 was substituted by the Child Benefit Act 2005 (c. 6).
Relevant amending instrument is S.I. 1991/1559.
S.I. 2000/636.
The definition of “full-time student” was inserted by S.I. 2000/1981.
Paragraph 2 was omitted but remains in force for certain cases – see S.I. 2003/455. Relevant amending instruments are S.I.s 1995/559, 1996/2545 and 1999/2555.
Paragraph 64 was inserted by S.I. 2001/1118.