Regulation 13 Circumstances in which persons in relevant education are to be entitled to income supportI1

England, Wales and Scotland

(1)

Notwithstanding that a person is to be treated as receiving relevant education under regulation 12 (relevant education) he shall, if paragraph (2) applies to him and he satisfies the other conditions of entitlement to income support, be entitled to income support.

(2)

This paragraph applies to F1a person F2who F3(subject to paragraph (2A)) is a qualifying young person within the meaning of section 142 of the Contributions and Benefits Act (child and qualifying young person) (hereinafter referred to as an eligible person) who—

(a)

is the parent of a child for whom he is treated as responsible under regulation 15 (circumstances in which a person is to be treated as responsible or not responsible for another) and who is treated as a member of his household under regulation 16 (circumstances in which a person is to be treated as being or not being a member of the household); or

F4 C1(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C2(bb)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(bc)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

has no parent nor any person acting in the place of his parents; or

F6(d)

of necessity has to live away from his F7parents and any person acting in the place of his parents because–

(i)

he is estranged from his parents and that person; or

(ii)

he is in physical or moral danger; or

(iii)

there is a serious risk to his physical or mental health;

F8(dd)

has ceased to live in accommodation provided for him by a local authority under Part III of the Children Act 1989 (local authority support for children and families) F9or Part II of the Children (Scotland) Act 1995 (promotion of children’s welfare by local authorities and by children’s hearings etc) F10or Part 4 (meeting needs) or Part 6 (looked after and accommodated children) of the Social Services and Well-being (Wales) Act 2014 F11, or by virtue of any order or warrant made under the Children’s Hearings (Scotland) Act 2011, and is of necessity living away from his parents and any person acting in place of his parents;

(e)

is living away from his parents and any person acting in the place of his parents in a case where his parents are or, as the case may be, that person is unable financially to support him and—

(i)

chronically sick or mentally or physically disabled; or

(ii)

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

(iii)

prohibited from entering or re-entering Great Britain; or

F12(f)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(h)

is a person to whom paragraph 18 of Schedule 1B (refugees) applies.

F14(2A)

For the purposes of paragraph (2)—

(a)

the eligible person shall be treated as satisfying the condition prescribed in regulation 8 of the Child Benefit (General) Regulations 2006 (child benefit not payable in respect of qualifying young person: other financial support);

(b)

where sub-paragraphs (c) to (e) apply, the eligible person shall be treated as satisfying the condition prescribed in regulation 5(2)(e) and (f) of the Child Benefit (General) Regulations 2006 (extension period: 16 and 17 year olds).

(3)

In this regulation—

F15(a)

any reference to a person acting in the place of an eligible person’s parents includes—

(i)

for the purposes of paragraph (2)(c), (d) and (dd), a reference to a local authority or voluntary organisation where the eligible person is being looked after by them under a relevant enactment or where the eligible person is placed by the local authority or voluntary organisation with another person, that other person, whether or not a payment is made to him;

(ii)

for the purposes of paragraph (2)(e), the person with whom the person is so placed;

(b)

“chronically sick or mentally or physically disabled” means, in relation to a person to whom that expression refers, a person—

(i)

in respect of whom the condition specified in paragraph 12(1) of Schedule 2 (additional condition for the higher pensioner and disability premiums) is satisfied; or

F16(ii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)

who is substantially and permanently disabledF17; or

(iv)

who is entitled to an employment and support allowance which includes a work-related activity component or support component F18or who would be entitled to an employment and support allowance including a work-related activity component but for the application of section 1A of the Welfare Reform Act (duration of contributory allowance).

Annotations

Textual amendments

F1: Words in reg. 13(2) substituted (7.10.1991) by The Income Support (General) Amendment No. 4 Regulations 1991 (S.I. 1991/1559), regs. 1(1)(c), 6(a) (with reg. 1(2))
F2: Words in reg. 13(2) substituted (10.4.2006) by The Social Security (Young Persons) Amendment Regulations 2006 (S.I. 2006/718), regs. 1(2)(a), 2(3)(a)
F3: Words in reg. 13(2) inserted (14.4.2008) by The Social Security (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/698), regs. 1(1), 2(4)(a)
F4: Reg. 13(2)(b)(bb) revoked (30.12.2009) by The Income Support (Prescribed Categories of Person) Regulations 2009 (S.I. 2009/3152), regs. 1, 2(1)(a) (with reg. 2(2)-(4))
F5: Reg. 13(2)(bc) and word omitted (29.10.2013) by virtue of The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 4(4)
F6: Reg. 13(2)(d) substituted (10.7.1989) by The Family Credit and Income Support (General) Amendment Regulations 1989 (S.I. 1989/1034), regs. 1(1)(a), 4 (with reg. 13)
F7: Words in reg. 13(2)(d) substituted (8.4.1991) by The Income Support (General) Amendment Regulations 1991 (S.I. 1991/236), regs. 1(1)(b), 5 (with reg. 1(2))
F8: Reg. 13(2)(dd) inserted (6.4.1992) by The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), regs. 1(1), 3(1) (with reg. 1(2))
F9: Words in reg. 13(2)(dd) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 2(5)
F10: Words in reg. 13(2)(dd) inserted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 2(2)
F11: Words in reg. 13(2)(dd) inserted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 1 para. 12(2)
F12: Reg. 13(2)(f)(g) omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), regs. 1(1), 7(a)
F13: Reg. 13(2)(h) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), regs. 1(1), 7(b)
F14: Reg. 13(2A) inserted (14.4.2008) by The Social Security (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/698), regs. 1(1), 2(4)(b)
F15: Reg. 13(3)(a) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), reg. 1(1), Sch. para. 2 (with Sch. para. 11)
F16: Reg. 13(3)(b)(ii) omitted (26.10.2009) by virtue of The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2009 (S.I. 2009/2655), regs. 1(1), 2(4)
F17: Reg. 13(3)(b)(iv) and word added (1.4.2012) by The Social Security (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/757), regs. 1(4), 14
F18: Words in reg. 13(3)(b)(iv) inserted (1.5.2012) by The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations 2012 (S.I. 2012/913), regs. 1(2), 3(2)

Modifications

C1: Reg. 13(2)(b) excluded (with effect in accordance with reg. 22 of the amending S.I.) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), regs. 1(2), 22(c) (with reg. 3)
C2: Reg. 13(2)(bb) excluded (with effect in accordance with reg. 22 of the amending S.I.) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), regs. 1(2), 22(c) (with reg. 3)

Commencement

I1: Reg. 13 in force at 11.4.1988, see reg. 1

Notes on the whole SI

Textual amendments

F1: 1986 c. 50; section 84(1) is an interpretation provision and is cited because of the meanings assigned to the words “prescribed” and “regulations”.
F2: 1975 c. 14; section 114 is applied by section 52(3)(b) of the Social Security Act 1986 (c. 50); section 166(3A) is inserted by section 62 of that Act and section 166(1) to (3A) is applied by section 83(1) of that Act.