Restrictions on amounts for children and young persons – consequential changes to the Income Support (General) Regulations 19875.

(1)

Subject to paragraph (2) where, in relation to an award of income support, an amount in respect of one or more children or young persons is included in the applicable amount31 because regulation 2 of, and Schedule 1 to, the Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 200332 do not have effect, no amount is to be included in respect of a child or young person who is born after 6thApril 2017 if—

(a)

when that child or young person is born or (if later) becomes a member of the claimant’s family, there are two or more children or young persons in respect of whom an amount is already included in the claimant’s applicable amount; and

(b)

two or more of those children or young persons remain members of the claimant’s family.

(2)

Paragraph (1) does not prevent an amount being included in respect of a child or young person in respect of whom F1an exception in Schedule 12 of the Universal Credit Regulations 2013 would apply F1the child element specified in regulation 24(1) of the Universal Credit Regulations 2013 would be payable if the claimant were entitled to an award of universal credit.

(3)

Where an amount may not be included in the applicable amount in respect of a child or young person by virtue of paragraph (1), any child benefit in respect of that child or young person is to be disregarded in the calculation of the claimant’s gross income for the purposes of regulation 40 of the Income Support (General) Regulations 198733.

(4)

In this regulation—

(a)

“claimant” has the meaning prescribed in regulation 2(1) of the Income Support (General) Regulations 1987;

(b)

“young person” has the meaning prescribed in regulation 1434 of the Income Support (General) Regulations 1987.