The Income Support (General) Amendment No. 3 Regulations 1988

Regulation 8

SCHEDULE

To be inserted after Schedule 1 to the General Regulations–

Regulation 13A

“SCHEDULE 1A CIRCUMSTANCES IN WHICH A PERSON AGED 16 OR 17 IS ELIGIBLE FOR INCOME SUPPORT

PART I PERS0NS ELIGIBLE UNTIL 18

1.   A person who is not required to be available for employment under any of the following paragraphs of Schedule 1 (persons not required to be available for employment)–

paragraph 1	(lone parents)
paragraph 2	(single persons looking after foster children)
paragraph 3	(persons temporarily looking after another person)
paragraph 4	(persons caring for another person)
paragraph 8	(blind persons)
paragraph 9	(pregnancy)
paragraph 10	(persons in education)
paragraph 11	(training allowances)
paragraph 16	(refugees)
paragraph 20	(persons from abroad).
paragraph 22	(member of couple looking after children while other member temporarily abroad).

2.   A person who is incapable of work and training under the youth training scheme, by reason of some disease or bodily or mental disablement if, in the opinion of a medical practitioner, that incapacity is unlikely to end within 12 months because of the severity of that disease or disablement.

3.   A person who is a member of a couple and is treated as responsible for a child who is a member of his household.

4.   A person who is temporarily laid off employment and is available to be re-engaged in that employment.

PART II PERS0NS ELIGIBLE UNTIL THE RELEVANT DATE DETERMINED UNDER REGULATION 13A(3)(b)

5.   A registered person who is a member of a married couple where the other member of that couple is aged not less than 18 or is a registered person or a person to whom Part I of this Schedule applies.

6.   A registered person who has no parent nor any person acting in the place of his parents.

7.   A registered person who–

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

(b) was in the care of a local authority 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 Prison Act 1952(1) applied or under the Criminal Procedure (Scotland) Act 1975(2) immediately before he attained the age of 16.

8.   A registered person who is in accommodation which is other than his parental home, or the home of a person acting in the place of his parents, who entered that accommodation–

(a) as part of a programme of rehabilitation or resettlement, that programme being under the supervision of the probation service or a local authority; or

(b) in order to avoid physical or sexual abuse; or

(c) because of a mental or physical handicap or illness and needs such accommodation because of his handicap or illness.

9.   A registered person who 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–

(a) chronically sick or mentally or physically disabled; or

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

(c) prohibited from entering or re-entering Great Britain.

10.   In this Schedule–

(a) any reference to a person acting in the place of a registered person’s parents includes a reference to a local authority or voluntary organisation where the registered person is in their care under a relevant enactment, or to a person with whom the registered person is boarded out by a local authority or voluntary organisation whether or not any payment is made by them; and

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

(1)

1952 c. 52.

(2)

1975 c. 21.