Paragraph 16
Subject to sub-paragraphs (2) to (5), a person who—
is aged 16 or over but under 25, and, if one of a couple, whose partner is also 16 or over but under 25; and
is required to be available for employment.
Sub-paragraph (1) shall not have effect in respect of such a person before the beginning of, and during, the initial period (including that period as extended under sub-paragraph (5)) shown as applicable in column (4) of Schedule 6 in respect of the board and lodging area in which that person's accommodation is situated.
Without prejudice to sub-paragraph (4), sub-paragraph (1) shall not have effect in respect of a claimant who was in receipt of supplementary benefit as a boarder on 24th November 1985.
Sub-paragraph (1) shall not have effect also where such a person—
is treated as responsible for a child or young person;
is in a hostel;
is, or has a partner who is, pregnant;
is, or has a partner who is, chronically sick, mentally handicapped, physically disabled or suffering from a mental disorder or was, or has a partner who was, suffering from a mental disorder and it is unreasonable to expect him or his partner to be in accommodation other than board and lodging accommodation;
had, or has a partner who had, immediately prior to the date of claim been in the accommodation for 6 months whilst either in employment and not in receipt of supplementary allowance under the Supplementary Benefits (Northern Ireland) Order 1977f1 or income support, or, if not in employment and in receipt of such an allowance or income support, was not required to be available for employment;
has, or has a partner who has, entered the accommodation as part of a programme of rehabilitation or resettlement under guidance from the Department, any other government department, a voluntary organisation or the probation and after-care service;
is a student, during his normal summer vacation provided he occupies the same accommodation as he occupied when attending his course of study;
has, or has a partner who has, been in the care of the Department under a relevant enactment and 12 months has not elapsed since he or his partner ceased to be in care;
is aged 16 or over but under 19 and—
has no parent and there is no person acting in the place of his parent,
has had to leave his family home because he was in physical or moral danger, or
is in the care of the Department under the provisions of a relevant enactment, being a person who is personally liable to pay the cost of his accommodation and maintenance direct to someone other than the Department;
is in the same accommodation as that of his or of his partner's parents or step-parents who are in board and lodging accommodation;
is in the same accommodation as that of the persons with whom he or his partner had been previously boarded out by the Department under the provisions of a relevant enactment;
is, or has a partner who is, remanded on bail, or is, or has a partner who is, in compliance with a court order, under the supervision of a probation officer, or the Department;
would, or has a partner who would, suffer exceptional hardship if sub-paragraph (1) were to apply; and any question as to whether any person comes within this sub-paragraph shall be determined by the Department in its discretion and its decision of such questions—
shall be given in relation to particular cases only,
may be revised from time to time as it considers appropriate,
may be given so as to have effect for a specified period, and
shall be conclusive for the purposes of this Schedule.
Where during an initial period a person becomes employed and is not in receipt of income support or he is no longer required to be available for employment and is in receipt of income support, that initial period shall be extended by the period during which that person is employed or is no longer required to be available for employment provided he is in the same board and lodging area.