{
  "url": "https://openlegislation.uk/draft-employment-and-support-allowance-regulations-2013/regulation-47",
  "json_url": "https://openlegislation.uk/draft-employment-and-support-allowance-regulations-2013/regulation-47.json",
  "legislation": "ukdsi/2013/9780111531877",
  "legislation_title": "The Employment and Support Allowance Regulations 2013",
  "legislation_url": "https://openlegislation.uk/draft-employment-and-support-allowance-regulations-2013",
  "path": "regulation/47",
  "kind": "regulation",
  "number": "47",
  "heading": "Claimants subject to no work-related requirements",
  "text": "(1) A claimant falls within section 11D of the Act (persons subject to no work-related requirements) if they are a claimant who—\n(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;\n(b) is the responsible foster parent of a child under the age of one;\n(c) is an adopter and it is 52 weeks or less since—\n(i) the date on which the child was placed with the claimant; or\n(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;\n(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—\n(i) is under the age of 21, or is 21 and reached that age whilst undertaking the course; and\n(ii) is without parental support;\n(e) is entitled to an employment and support allowance which is payable at a nil rate;\n(f) is pregnant and it is 11 weeks or less before her expected week of confinement; or\n(g) was pregnant and it is 15 weeks or less since the date of her confinement.\n(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—\n(a) satisfies the conditions for entitlement to a carer’s allowance; or\n(b) would satisfy those conditions but for the fact that their earnings have exceeded the limit prescribed for the purposes of that allowance.\n(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.\n(4) Paragraph (2) applies whether or not the person has made a claim for a carer’s allowance.\n(5) In this regulation—\n“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;\n“matched with a child for adoption” means an adoption agency has decided that the person would be a suitable adoptive parent for the child;\n“severely disabled” has the meaning in section 70 of the Contributions and Benefits Act;\n“without parental support” means the person is not being looked after by a local authority and—\n(a) has no parent (in this definition, “parent” includes any person acting in the place of a parent);\n(b) cannot live with their parents because the person is estranged from them or there is a serious risk—\n(i) to the person’s physical or mental health; or\n(ii) that the person would suffer significant harm if the person lived with them; or\n(c) is living away from their parents, and neither parent is able to support the person financially because that parent—\n(i) has a physical or mental impairment;\n(ii) is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or\n(iii) is prohibited from entering or re-entering Great Britain.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Section 70 was amended by S.I.s 1994/2556, 2002/1457 and 2011/2426."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2013/9780111531877/regulation/47",
    "retrieved_at": "2026-10-30T14:50:57.142115+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}