The Employment and Support Allowance Regulations 2013

Claimants subject to work-focused interview requirement only

48.—(1) For the purposes of section 11E(1)(a) of the Act (claimant is the responsible carer for a child aged at least one and under a prescribed age) the prescribed age is five.

(2) A claimant falls within section 11E of the Act (claimants subject to work-focused interview requirement only) if—

(a) the claimant is the responsible foster parent in relation to a child aged at least one;

(b) the claimant is the responsible foster parent in relation to a qualifying young person and the Secretary of State is satisfied that the qualifying young person has care needs which would make it unreasonable to require the claimant to comply with a work preparation requirement;

(c) the claimant is a foster parent, but not the responsible foster parent, in relation to a child or qualifying young person and the Secretary of State is satisfied that the child or qualifying young person has care needs which would make it unreasonable to require the claimant to comply with a work preparation requirement;

(d) the claimant is a foster parent who—

(i) does not have a child or qualifying young person placed with them, but intends to; and

(ii) fell within sub-paragraph (a) within the past eight weeks; or

(e) the claimant has become a friend or family carer in relation to a child within the past 12 months and is also the responsible carer in relation to that child.

(3) In paragraph (2)(e), “friend or family carer” means a person who is responsible for a child, but is not the child’s parent or step-parent, and has undertaken the care of the child in the following circumstances—

(a) the child has no parent or has parents who are unable to care for the child; or

(b) it is likely that the child would otherwise be looked after by a local authority because of concerns in relation to the child’s welfare.