The Children (Leaving Care) Social Security Benefits Regulations (Northern Ireland) 2005

Entitlement to benefits

2.—(1) Section 6 of the Act (exclusion from benefits) shall not apply for the purposes of entitlement to income support or income-based jobseeker’s allowance where a person –

(a) falls within subsection (2) of that section; and

(b) falls within a category of person prescribed in –

(i) provided the person is a lone parent, regulation 13(2)(a)(1) (circumstances in which persons in relevant education are to be entitled to income support) of;

(ii) regulation 13(2)(b) of, or

(iii) paragraph 1, 2(2), 7, 8(3), 10, 11(4), 12(5), 13, 24(6) or 25(7) of Schedule 1B(8) (prescribed categories of person) to,

the Income Support (General) Regulations (Northern Ireland) 1987(9) (“the Income Support Regulations”).

(2) Section 6 of the Act shall not apply to a person who falls within subsection (2) of that section who has not been looked after by an authority for the purposes of Article 34A(2) to (9) of the Children (Northern Ireland) Order 1995(10) on or after 1st September 2005.

(3) In paragraph 1(b)(i), “lone parent” has the meaning prescribed in regulation 2(1) of the Income Support Regulations.

(1)

Paragraph (2) was amended by regulation 6(a) of S.R. 1991 No. 338

(2)

Paragraph 2 was amended by regulation 2(5) of S.R. 1998 No. 2

(3)

Paragraph 8 was amended by regulation 2(d)(i) of S.R. 2000 No. 74

(4)

Paragraphs 10 and 11 were amended by the Schedule to, S.R. 2000 No. 241

(5)

Paragraph 12 was substituted by regulation 2(7) of S.R. 2000 No. 242

(6)

Paragraph 24 was amended by Article 9(4)(a) and (b) of S.R. 1999 No. 371 (C. 28)

(7)

Paragraph 25 was amended by regulation 4(3) of S.R. 2000 No. 4 and Article 9(4)(b) of S.R. 1999 No. 371 (C. 28)

(8)

Schedule 1B was inserted by regulation 22 of and Schedule 1 to, S.R. 1996 No. 199

(9)

S.R. 1987 No. 459; relevant amending Regulations are S.R. 1991 No. 338, S.R. 1996 No. 199, S.R. 1998 No. 2, S.R. 1999 No. 371 (C. 28) and S.R. 2000 Nos. 4, 74, 241 and 242

(10)

S.I. 1995 No. 755 (N.I. 2); Article 34A was inserted by section 1 of the Children (Leaving Care) Act (Northern Ireland) 2002