Explanatory note

These Regulations revoke (subject to savings) provisions of the Income Support (General) Regulations 1987 which prescribe that persons who are in relevant education and have a disability, incapable of work, treated as incapable of work, disabled or deaf students or blind are entitled to income support.

The provisions remain in force for persons in respect of whom a determination that the provision applied to them was made before 30th December 2009, certain linked claims for income support (including new claims from people entitled to incapacity benefit or severe disablement allowance), cases where information or evidence about incapacity for work required by the Social Security (Incapacity for Work) (General) Regulations 1995 (S.I.1995/311) was provided before that date, and cases where the Secretary of State received notification before that date stating that one of the provisions applies and it is determined that the provision concerned applies.

The provisions are also saved for people whose entitlement to income support was terminated without having regard to whether they met the criteria for the above categories of person before the date these Regulations come into force (amounting to official error).

The Regulations also make consequential amendments to the Income Support (General) Regulations 1987, the Children (Leaving Care) Social Security Benefits Regulations 2001, the Social Security (Jobcentre Plus Interviews) Regulations 2002, the Children (leaving Care) Social Security Benefits (Scotland) Regulations 2004 and the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2008.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.