Regulation 2 Entitlement to benefits

(1)

Section 6 (exclusion from benefits) shall not apply for the purposes of entitlement to income supportF1, income-based jobseeker’s allowance or income-related employment and support allowance where a person—

(a)

falls within subsection (2)(a) or (b) of that section; and

(b)

falls within a category of person prescribed in—

(i)

provided the person is a lone parent, regulation 13(2)(a) (circumstances in which persons in relevant education may be entitled to income support) of; F2or

F3(ii)

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

(iii)

paragraph 1, 2, 7, 8, F4... 11, ... 24 or 25 of Schedule 1B (prescribed categories of person) to,

the Income Support (General) Regulations 1987 M1 (“the Income Support Regulations”).

(2)

Section 6 shall not apply to a person who falls within subsection (2)(a) or (b) of that section who has not been looked after by a local authority for the purposes of paragraph 19B of Schedule 2 to the Children Act 1989 M2 on or after 1st October 2001.

(3)

Where a person who falls within subsection (2)(a) or (b) of section 6 is residing in Scotland but is not supported by a local authority in England or Wales then, notwithstanding that he has been looked after by such a local authority for the purposes of paragraph 19B of Schedule 2 to the 1989 Act on or after 1st October 2001, section 6 shall not apply to that person F5provided that he ceased to be so looked after before 1st April 2004.

(4)

In paragraph (1)(b)(i) above, “lone parent” has the meaning it bears in regulation 2(1) of the Income Support Regulations.

Annotations

Textual amendments

F1: Words in reg. 2(1) substituted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 70
F2: Word in reg. 2(1)(b)(i) added (30.12.2009) by The Income Support (Prescribed Categories of Person) Regulations 2009 (S.I. 2009/3152), regs. 1, 3(3)(a) (with reg. 3(7))
F3: Reg. 2(1)(b)(ii) omitted (30.12.2009) by virtue of The Income Support (Prescribed Categories of Person) Regulations 2009 (S.I. 2009/3152), regs. 1, 3(3)(b) (with reg. 3(7))
F4: Words in reg. 2(1)(b)(iii) omitted (30.12.2009) by virtue of The Income Support (Prescribed Categories of Person) Regulations 2009 (S.I. 2009/3152), regs. 1, 3(3)(c) (with reg. 3(7))
F5: Words in reg. 2(3) added (1.4.2004) by Social Security (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/565), regs. 1(2)(a), 12

Marginal citations

M1: S.I. 1987/1967; Schedule 1B was inserted by Schedule 1 to S.I. 1996/206; relevant amending instruments are S.I. 1999/2422, 1999/3109, 2000/681, 2000/1922 and 2000/1981.
M2: 1989 c. 41.