Regulation 9 Individuals not liable to make a paymentI1

England and Wales

(1)

This regulation applies where—

(a)

an individual is under the age of 18 on the date on which the application for a determination under section 16 of the Act is made; or

(b)

the Director is satisfied that an individual is, directly or indirectly, properly in receipt of a qualifying benefit.

(2)

The Director must as soon as possible notify an individual to whom this regulation applies that the individual is not liable to make a payment.

(3)

In this regulation, “qualifying benefit” means—

(a)

income support paid under section 124 of the Social Security Contributions and Benefits Act 1992^f1 or section 123 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992^f2;

(b)

income-based jobseeker’s allowance paid under the Jobseekers Act 1995^f3 or Part 2 of the Jobseekers (Northern Ireland) Order 1995^f4;

(c)

guarantee credit paid under section 1(3)(a) of the State Pension Credit Act 2002^f5 or section 1(3)(a) of the State Pension Credit Act (Northern Ireland) 2002^f6;

(d)

income-related employment and support allowance paid under Part 1 of the Welfare Reform Act 2007^f7 or section 1(2)(b) of the Welfare Reform Act (Northern Ireland) 2007^f8; or

(e)

universal credit paid under Part 1 of the Welfare Reform Act 2012^f9 F1or Part 2 of the 2015 (Northern Ireland) Order.

Annotations

Textual amendments

F1: Words in reg. 9(3)(e) inserted (28.7.2016) by The Civil and Criminal Legal Aid (Financial Eligibility and Contributions) (Amendment) Regulations 2016 (S.I. 2016/708), regs. 1, 8(3)

Commencement

I1: Reg. 9 in force at 1.4.2013, see reg. 1

Footnotes

f1: 1992 c. 4. Section 124 is to be repealed by Part 1 of Schedule 14 to the Welfare Reform Act 2012 (c. 5) at a date to be appointed.
f2: 1992 c. 7.
f3: 1995 c. 18.
f4: S.I. 1995/2705 (N.I. 15).
f5: 2002 c. 16.
f6: 2002 c. 14.
f7: 2007 c. 5.
f8: 2007 c. 2.
f9: 2012 c. 5.