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Paragraph 1 Interpretation

Original text. Later amendments are not shown.

(1)

In this Schedule—

  • “income-based jobseeker’s allowance” means an income-based jobseeker’s allowance under section 1 of the Jobseekers Act 1995f1;

  • “income-related employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act 2007f2, entitlement to which is based on section 1(2)(b) of that Act;

  • “income support” means income support under Part 7 of the Social Security Contributions and Benefits Act 1992f3;

  • “state pension credit” means state pension credit under the State Pension Credit Act 2002f4;

  • “universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012f5.

(2)

A person (“P”) in receipt of a benefit mentioned in any of paragraphs 3 to 6, or treated as entitled to a benefit mentioned in paragraph 7(3)(a), is not to be treated as “responsible” for a child for the purposes of this Schedule unless P is treated as responsible for the child in accordance with the rules of the benefit in questionf6.

(3)

Where a person (“P”) is in receipt of, or treated as entitled to, income support, an income-based jobseeker’s allowance or an income-related employment and support allowance, a child is not to be treated as normally living with P for the purposes of this Schedule unless P and the child are members of the same household, determined in accordance with the rules of the benefit in questionf7.

Annotations

Footnotes

f1

1995 c. 18. Section 1 was amended by paragraph 2 of Schedule 7 to the Welfare Reform and Pensions Act 1999 (c. 30), paragraph 12 of Schedule 3 to the Welfare Reform Act 2007 (c. 5) and sections 44(2) and 49(2) of, and Schedule 14 to, the Welfare Reform Act 2012.

f2

2007 c. 5.

f3

1992 c. 4. Part 7 is prospectively repealed by Schedule 14 to the Welfare Reform Act 2012.

f4

2002 c. 16.

f5

2012 c. 5.

f6

See regulation 4 of S.I. 2013/376 (universal credit); the Universal Credit Regulations 2013; regulation 15 of S.I. 1987/1967 (income support); regulation 77 of S.I. 1996/207 (income-based jobseeker’s allowance); and regulation 156(10) of S.I. 2008/794 (income-related employment and support allowance).

f7

See regulation 16 of S.I. 1987/1967 (income support); regulation 78 of S.I. 1996/207 (income-based jobseeker’s allowance); and regulation 156 of S.I. 2008/794 (income-related employment and support allowance).