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Regulation 47 Claimants subject to no work-related requirements

Original text. Later amendments are not shown.

(1)

A claimant falls within section 11D of the Act (persons subject to no work-related requirements) if they are a claimant who—

(a)

has caring responsibilities for one or more severely disabled persons for at least 35 hours a week but does not meet the conditions of entitlement to a carer’s allowance;

(b)

is the responsible foster parent of a child under the age of one;

(c)

is an adopter and it is 52 weeks or less since—

(i)

the date on which the child was placed with the claimant; or

(ii)

if the claimant requested that the 52 weeks should run from a date within 14 days before the child was expected to be placed, that date;

(d)

has been enrolled on, been accepted for or is undertaking, a full-time course of study or training which is not a course of advanced education and—

(i)

is under the age of 21, or is 21 and reached that age whilst undertaking the course; and

(ii)

is without parental support;

(e)

is entitled to an employment and support allowance which is payable at a nil rate;

(f)

is pregnant and it is 11 weeks or less before her expected week of confinement; or

(g)

was pregnant and it is 15 weeks or less since the date of her confinement.

(2)

Subject to paragraph (3), for the purposes of section 11D of the Act, a person has regular and substantial caring responsibilities for a severely disabled person if the person—

(a)

satisfies the conditions for entitlement to a carer’s allowance; or

(b)

would satisfy those conditions but for the fact that their earnings have exceeded the limit prescribed for the purposes of that allowance.

(3)

A person does not have regular and substantial caring responsibilities for a severely disabled person if the person derives earnings from those caring responsibilities.

(4)

Paragraph (2) applies whether or not the person has made a claim for a carer’s allowance.

(5)

In this regulation—

  • “adopter” means a person who has been matched with a child for adoption and who is, or is intended to be, the responsible carer for the child, but excluding a person who is a foster parent or close relative of the child;

  • “matched with a child for adoption” means an adoption agency has decided that the person would be a suitable adoptive parent for the child;

  • “severely disabled” has the meaning in section 70 of the Contributions and Benefits Actf1;

  • “without parental support” means the person is not being looked after by a local authority and—

    1. (a)

      has no parent (in this definition, “parent” includes any person acting in the place of a parent);

    2. (b)

      cannot live with their parents because the person is estranged from them or there is a serious risk—

      1. (i)

        to the person’s physical or mental health; or

      2. (ii)

        that the person would suffer significant harm if the person lived with them; or

    3. (c)

      is living away from their parents, and neither parent is able to support the person financially because that parent—

      1. (i)

        has a physical or mental impairment;

      2. (ii)

        is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or

      3. (iii)

        is prohibited from entering or re-entering Great Britain.

Annotations

Footnotes

f1

Section 70 was amended by S.I.s 1994/2556, 2002/1457 and 2011/2426.