The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations (Northern Ireland) 1996

4.  After paragraph 1 there shall be inserted the following paragraph—

“1A.— (1) The circumstances referred to in paragraph 1 are that—

(a) the person has no parents nor any person acting in the place of his parents;

(b) the person—

(i) is not living with his parents nor any person acting in the place of his parents, and

(ii) was in the care of the Department under a relevant enactment and whilst in that care was not living with his parents or any close relative, or was in custody in any institution to which the Children and Young Persons Act (Northern Ireland) 1968 or the Treatment of Offenders Act (Northern Ireland) 1968(1) applied, immediately before he attained the age of 16;

(c) the person is in accommodation which is other than his parental home, and which is other than the home of a person acting in the place of his parents, and entered that accommodation—

(i) as part of a programme of rehabilitation or resettlement, that programme being under the guidance of the Department, any other government department or the probation and after-care service,

(ii) in order to avoid physical or sexual abuse, or

(iii) because of a mental or physical handicap or illness and needs such accommodation because of his handicap or illness;

(d) the person is living away from his parents and any person who is acting in the place of his parents in a case where his parents are or, as the case may be, that person is, unable financially to support him and his parents are, or that person is—

(i) chronically sick or mentally or physically disabled,

(ii) detained in custody pending trial or sentence upon conviction or under sentence imposed by a court, or

(iii) prohibited from entering or re-entering Northern Ireland; or

(e) the person of necessity has to live away from his parents and any person acting in the place of his parents because—

(i) he is estranged from his parents and that person,

(ii) he is in physical or moral danger, or

(iii) there is a serious risk to his physical or mental health.

(2) In this paragraph—

(a) “chronically sick or mentally or physically disabled” has the same meaning it has in regulation 13(3)(b) (circumstances in which persons in relevant education are to be entitled to income support);

(b) any reference to a person acting in place of a person’s parents includes a reference to the Department, any other government department or voluntary organisation where the person is in their care under a relevant enactment, or to a person with whom the person is boarded out by the Department or voluntary organisation whether or not any payment is made by them.”.

(1)

1968 c. 29 (N.I.)