Paragraph 1 Interpretation
In this Schedule—
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“income-based jobseeker’s allowance” means an income-based jobseeker’s allowance under section 1 of the Jobseekers Act 1995f1;
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“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;
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“income support” means income support under Part 7 of the Social Security Contributions and Benefits Act 1992f3;
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“state pension credit” means state pension credit under the State Pension Credit Act 2002f4;
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“universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012f5.
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.
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
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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
- f3
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1992 c. 4. Part 7 is prospectively repealed by Schedule 14 to the Welfare Reform Act 2012.
- f4
- f5
- f6
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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
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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).