89.—(1) A claimant falls within section 19 of the Act (claimants subject to no work-related requirements) if—.
(a)the claimant has reached the qualifying age for state pension credit;
(b)the claimant has caring responsibilities for one or more severely disabled persons for at least 35 hours a week but does not meet the conditions for entitlement to a carer's allowance [F1, or have entitlement to carer support payment,] and the Secretary of State is satisfied that it would be unreasonable to require the claimant to comply with a work search requirement and a work availability requirement, including if such a requirement were limited in accordance with section 17(4) or 18(3) of the Act;
(c)the claimant is pregnant and it is 11 weeks or less before her expected week of confinement, or was pregnant and it is 15 weeks or less since the date of her confinement;
(d)the claimant is an adopter and it is 12 months or less since—
(i)the date that the child was placed with the claimant, or
(ii)if the claimant requested that the 12 months should run from a date within 14 days before the child was expected to be placed, that date;
[F2(da)the claimant is a member of a couple entitled to universal credit by virtue of regulation 3(2)(b) and has student income in relation to the course they are undertaking which is taken into account in the calculation of the award;]
(e)the claimant does not have to meet the condition in section 4(1)(d) of the Act (not receiving education) by virtue of regulation 14 and—
(i)is a person referred to in paragraph (a) of that regulation (under 21, in non-advanced education and without parental support), or
(ii)has student income in relation to the course they are undertaking which is taken into account in the calculation of the award; or
(f)the claimant is the responsible foster parent of a child under the age of 1.
(2) In paragraph (1)(b) “severely disabled” has the meaning in section 70 of the Contributions and Benefits Act.
(3) In paragraph (1)(d)—
(a)“adopter” means a person who has been matched with a child for adoption and who is, or is intended to be, the responsible carer for the child, but excluding a person who is a foster parent or close relative of the child; and
(b)a person is matched with a child for adoption when it is decided by an adoption agency that the person would be a suitable adoptive parent for the child.
[F3(4) For the purposes of paragraph (1)(e)(ii), a claimant is not to be treated as having student income where—
(a)that income is a postgraduate F4... loan; and
(b)the course in respect of which that loan is paid is not a full-time course.
(5) In paragraph (4), “postgraduate F5... loan” has the meaning given in regulation 68(7).]
Textual Amendments
F1Words in reg. 89(1)(b) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 23(7)
F2Reg. 89(1)(da) inserted (11.4.2018) by The Universal Credit (Miscellaneous Amendments, Saving and Transitional Provision) Regulations 2018 (S.I. 2018/65), regs. 1(4), 3(10)
F3Reg. 89(4)(5) inserted (4.8.2016) by The Social Security (Treatment of Postgraduate Masters Degree Loans and Special Support Loans) (Amendment) Regulations 2016 (S.I. 2016/743), regs. 1, 6(5)
F4Words in reg. 89(4)(a) omitted (15.7.2020) by virtue of The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 8(6)
F5Words in reg. 89(5) omitted (15.7.2020) by virtue of The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 8(6)