# The Social Security Pensions (Home Responsibilities and Miscellaneous Amendments) Regulations 1978, Regulation 2: Preclusion from regular employment for the purposes of paragraph 5(6) and (7) of Schedule 3 to the Act


(1) For the purposes of paragraph 5(6) and (7) of Schedule 3 to the Act as amended a person shall, subject to paragraph (4) below, be precluded from regular employment by responsibilities at home, within the meaning of these regulations, in any year falling after that ending with 5th April 1978 throughout which he satisfied any of the conditions specified in paragraph (2) below.
For the purpose of paragraph 5(6) of Schedule 3 to the Act a person shall, subject to paragraph (4) below, be precluded from regular employment by responsibilities at home in any year—
(a) throughout which he satisfies any of the conditions specified in paragraph (2) below;
(b) in which he satisfies, for at least 48 weeks in that year, the conditions specified in paragraph (2A) below, or
(c) throughout which he satisfies, for part of the year, any of the conditions specified in paragraph (2) below and for the remainder of the year the conditions specified in paragraph (2A) below.
(2) The conditions referred to in paragraph (1) above are—
(a) that child benefit, awarded to him under the Child Benefit Act 1975 was payable in respect of a child under the age of 16;
(b) that he was engaged in caring for a person in respect of whom there was payable any of the benefits specified in paragraph (3) below and was regularly so engaged for at least 35 hours per week;
(c) that a supplementary allowance under the Supplementary Benefits Act 1976 was payable to him, he being a person who by reason of his being engaged in caring for an elderly or incapacitated person was excepted, under regulation 6 of the Supplementary Benefit (Conditions of Entitlement) Regulations 1980, from the requirement to register for employment as a condition of his right to that allowance.
The conditions referred to in paragraph (1)(a) and (c) above are—
(a) that child benefit, awarded to him under the Child Benefit Act 1975, was payable in respect of a child under the age of 16;
(b) that—
(i) as a person to whom paragraph 4 of Schedule 1 to the Income Support (General) Regulations 1987 applies he is not required to be available for employment, and
(ii) income support is payable to him.
(2A) The conditions referred to in paragraph (1)(b) and (c) above are that he was engaged in caring for a person in respect of whom there was payable any of the benefits specified in paragraph (3) below and was regularly so engaged for at least 35 hours per week.
(2B) In respect of any day falling before 11th April 1988 in the 1988—1989 tax year, the following provisions shall be substituted for paragraph (2)(b) above—
“(b) that a supplementary allowance under the Supplementary Benefits Act 1976 was payable to him, he being a person who by reason of his being engaged in caring for an elderly or incapacitated person was excepted, under regulation 6 of the Supplementary Benefit (Conditions of Entitlement) Regulations 1981 from the requirement to register for employment as a condition of his right to that allowance”.
(3) The benefits referred to in paragraph (2)(b) above paragraph (2A) above are an attendance allowance under section 35 of the Act, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Act, a constant attendance allowance under any Service Pensions Instrument, Personal Injuries Scheme or 1914–1918 War Injuries Scheme, an increase of disablement pension under section 61 of the Act in respect of constant attendance and any benefit corresponding to such an increase under a Pneumoconiosis and Byssinosis Benefit Scheme or under regulations under section 159(3)(b)(i) of the Act.
(4) Paragraph (1) above shall not apply in relation to any year—
(a) if the person in question is a woman who has made or is treated as having made an election in accordance with regulations under section 3(2) of the Social Security Pensions Act 1975 and that election had effect at the beginning of that year; or
(b) if the person in question does not furnish such information relevant to the question whether in that year he was, within the meaning of these regulations, precluded from regular employment by responsibilities at home as the Secretary of State may from time to time require.

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Source: https://www.legislation.gov.uk/uksi/1978/508/regulation/2 (the official version)
Page: https://openlegislation.uk/social-security-pensions-home-responsibilities-and-miscellaneous-amendments-regulations-1978/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.