OpenLegislation

Section 124 Income support.F1

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A person in Great Britain is entitled to income support if—

(F2a)

he is of or over the age of 16;

(F3aa)

he has not attained the qualifying age for state pension credit;

(b)

he has no income or his income does not exceed the applicable amount;

(c)

he is not engaged in remunerative work and, if he is a member of a F4couple, the other member is not so engaged; F5...

(F6d)

except in such circumstances as may be prescribed, he is not receiving relevant education;

C1( F7e)

he falls within a prescribed category of person; F8...

(f)

he is not entitled to a jobseeker’s allowance and, if he is a member of a F9couple, the other member of the couple is notF10, and the couple are not, entitled to an income-based jobseeker’s allowance; F11...

(F12g)

if he is a member of a F13couple, the other member of the couple is not entitled to state pension creditF14; and

(h)

he is not entitled to an employment and support allowance and, if he is a member of a couple, the other member of the couple is not entitled to an income-related employment and support allowance.

(F151A)

Regulations under paragraph (e) of subsection (1) must secure that a person who—

(a)

is not a member of a couple, and

(b)

is responsible for, and a member of the same household as, a child under the age of F165,

falls within a category of person prescribed under that paragraph.

(1B)

Subsection (1A) does not apply if regulations under subsection (4)(c) of section 1A of the Jobseekers Act 1995 containing the provision mentioned in subsection (5) of that section are in force.

F17(2)

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

(3)

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

(4)

Subject to subsection (5) below, where a person is entitled to income support, then—

(a)

if he has no income, the amount shall be the applicable amount; and

(b)

if he has income, the amount shall be the difference between his income and the applicable amount.

(5)

Where a person is entitled to income support for a period to which this subsection applies, the amount payable for that period shall be calculated in such manner as may be prescribed.

(6)

Subsection (5) above applies—

(a)

to a period of less than a week which is the whole period for which income support is payable; and

(b)

to any other period of less than a week for which it is payable.

(F187)

In this section, “income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance).

Annotations

Textual amendments

F1

Ss. 123-137 repealed (1.4.2013 in relation to council tax benefit) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5)

F2

S. 124(1)(a) substituted (7.10.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 30(2); S.I. 1996/2208, art. 2(b)

F3

S. 124(1)(aa) inserted (2.7.2002 for specified purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 2 para. 2(2); S.I. 2003/1766, art. 2(a)

F4

Word in s. 124(1)(c) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 42; S.I. 2005/3175, art. 2(1), Sch. 1

F5

Word in s. 124(1)(c) repealed (7.10.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 3; S.I. 1996/2208, art. 2(b)

F6

S. 124(1)(d) substituted (7.10.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 30(4); S.I. 1996/2208, art. 2(b)

F7

S. 124(1)(e)(f) inserted (12.12.1995 for specified purposes, 7.10.1996 in so far as not already in force) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 30(5); S.I. 1995/3228, art. 2(b), Sch.; S.I. 1996/2208, art. 2(b)

F8

Word in s. 124(1) repealed (6.10.2003) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 3; S.I. 2003/1766, art. 2(a)

F9

Word in s. 124(1)(f) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 42; S.I. 2005/3175, art. 2(1), Sch. 1

F10

Words in s. 124(1)(f) inserted (19.3.2001) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 8 para. 28; S.I. 2001/933, art. 4(a)

F11

Word in s. 124(1)(f) repealed (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(1), Sch. 8; S.I. 2008/787, art. 2(4)(g)

F12

S. 124(1)(g) and preceding word inserted (2.7.2002 for specified purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 2 para. 2(3); S.I. 2003/1766, art. 2(a)

F13

Word in s. 124(1)(g) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 42; S.I. 2005/3175, art. 2(1), Sch. 1

F14

S. 124(1)(h) and preceding word inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 9(9); S.I. 2008/787, art. 2(4)(f)

F15

S. 124(1A)(1B) inserted (21.5.2012 for s. 124(1A)) by Welfare Reform Act 2009 (c. 24), ss. 3(1), 61(3); S.I. 2012/1256, art. 2(1)

F16

Figure in s. 124(1A) substituted (20.3.2012) by virtue of Welfare Reform Act 2012 (c. 5), ss. 58(2), 150(3); S.I. 2012/863, art. 2(1)(c)

F17

S. 124(2)(3) repealed (7.10.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 3; S.I. 1996/2208, art. 2(b)

F18

S. 124(7) inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 9(10); S.I. 2008/787, art. 2(4)(f)

Modifications

C1

S. 124(1)(e) power to make regulations modified (21.5.1998) by Social Security Act 1998 (c. 14), ss. 77, 87(2)(a)

Notes on Part VII

Modifications

C1

Pt. 7: power to modify conferred (1.7.1992) by Social Security Administration Act 1992 (c. 5), ss. 150(7), 151, 192(4).