[F2(1)The conditions referred to in section 1(2B)(c) are—
(a)that the income of the joint-claim couple does not exceed the applicable amount (determined in accordance with regulations under section 4) or the couple have no income;
(b)that no member of a family of which the couple are members is entitled to income support;
(c)that no member of any such family (other than the couple) is entitled to an income-based jobseeker’s allowance;
[F3(cc)that neither member of the couple is entitled to state pension credit;]
[F4(cd)that neither member of the couple is entitled to an income-related employment and support allowance;]
(d)that at least one member of the couple has reached the age of 18; and
(e)that if only one member of the couple has reached the age of 18, the other member of the couple is a person—
(i)in respect of whom a direction under section 16 is in force; or
(ii)who has, in prescribed circumstances to be taken into account for a prescribed period, reached the age of 16.
(2)Subsections (2) and (4) of section 3 shall apply in relation to a member of the couple to whom subsection (1)(e)(i) or (ii) above applies as they apply in relation to a claimant to whom subsection (1)(f)(ii) or (iii) of that section applies.
(3)In subsection (1)(e)(ii) above “period” shall be construed in accordance with section 3(3).]]
Textual Amendments
F1Ss. 3A, 3B inserted (19.3.2001) by 1999 c. 30, s. 59, Sch. 7 para. 4(2); S.I. 2000/2958, art. 2(2)
F2Ss. 3-3B repealed (29.4.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/983, arts. 4(1)(c), 5, Sch. 1 (with arts. 6, 9(1), 22, Sch. 4) (as amended: (1.7.2013) by S.I. 2013/1511; (29.10.2013) by S.I. 2013/2657; (16.6.2014) by S.I. 2014/1452; (30.6.2014) by S.I. 2014/1661; (28.7.2014) by S.I. 2014/1923; (15.9.2014) by S.I. 2014/2321; (17.11.2014) by S.I. 2014/3067; (21.11.2014) by S.I. 2014/3094; (19.1.2015) by S.I. 2015/32 (as amended (10.2.2015) by S.I. 2015/101); (10.3.2015) by S.I. 2015/634; and (20.7.2015) by S.I. 2015/1537)
F3S. 3A(1)(cc) inserted (2.7.2002 for certain purposes and otherwise 6.10.2003) by State Pension Credit Act 2002 (c. 16), ss. 14, 22(3), Sch. 2 Pt. 3 para. 38; S.I. 2002/1691, art. 2(l); S.I. 2003/1766, art. 2
F4S. 3A(1)(cd) inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), ss. 28(1), 70(2), Sch. 3 para. 12(4); S.I. 2008/787, art. 2(4)(f)
Modifications etc. (not altering text)
C1S. 3A(1)(e)(ii) applied (1.4.2002) (with modifications) by S.I. 2001/4022, reg. 11(2)(g)