LegalizeThe Employment and Support Allowance Regulations 2008
S.I. 1975/556. Regulation 9D was inserted by S.I.2001/573, regulation 2.
1992 c. 37, amended by the Further and Higher Education (Scotland) Act 2005 (asp. 6).
1992 c. 4. Amended by section 53 of the Welfare Reform and Pensions Act 1999 (c. 30).
1972 c. 70. Subsection (1) was substituted by the Local Government and Housing Act 1989 (c. 42), section 194 and Schedule 11, paragraph 28(2). Subsection (1) was amended by the School Standards and Framework Act 1998, section 140(1) and (3), Schedule 30, paragraph 3(2) and Schedule 31.
1973 c. 65. Subsections 49(1)(b) and (f) were repealed by Schedule 7 of the Local Government (Scotland) Act 1975. Section 49(1A) was inserted by Local Government (Scotland) Act 1975. Section 49(1)(a) was repealed by regulation 2(4) of the Local Governance (Scotland) Act 2004 (Allowances and Expenses) Regulations 2007.
Section 126(1) was amended by paragraph 31 of Schedule 1 to the Incapacity Act 1994 (c. 18) and paragraph 31(a) and (b) of Schedule 2 to the Jobseekers Act 1995 (c. 18).
Section 124(1) was amended by paragraph 30(2) to (5) of Schedule 2 to the Jobseekers Act 1995 and by section 14 of and paragraphs 1, 2(1) and (2) of Part 1 of Schedule 2 to the State Pension Credit Act 2002 (c. 16).
Section 127(b) was amended by paragraph 44 of Schedule 24 to the Civil Partnership Act 2004 (c. 33).
Schedule 1B to the Income Support Regulations was inserted by regulation 22 of and Schedule 1 to the Income Support (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206). Paragraph 4 was amended by regulation 33 of the Jobseekers Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), by paragraph 2 of Schedule 2 to the Social Security Amendment (Carer’s Allowance) Regulations 2002 (S.I. 2002/2497) and by regulation 4(1) of the Social Security (Loss of Benefit) (Consequential Amendments) Regulations 2002 (S.I. 2002/490).
1973 c. 50. Section 2 was substituted by section 25(1) of the Employment Act 1988. Subsections (4) and (6) of section 2 were repealed by section 29(4) of and Schedule 7 to the Employment Act 1989. Subsections (3A) and (3B) of section 2, which apply to Scotland only, inserted by the Trade Union Reform and Employment Rights Act 1993.
1990 c. 35. Section 2 amended by sections 47(4)(a) and (b) and 51 of and Schedule 10 to the Trade Union Reform and Employment Rights Act 1993. Section 2 also amended by articles 1(2) and 4 of and paragraph 100(2) of Schedule 2 to Scotland Act 1998 (Consequential Modifications) Order (No. 2) 1999.
1998 c. 14. Section 10 was amended by sections 18 and 26(3) of and by paragraph 23 of Schedule 7 to and by Schedule 10 to the Transfer of Functions Act 1999.
1992 c. 4. Section 22 was amended by Paragraph 22 of Schedule 2 to the Jobseeker’s Act 1995.
Section 16 was amended by paragraph 139(1) and (2) of Schedule 7 to the Social Security Act 1998 (c. 14).
OJL 158, 30.4.04, p. 77.
Cmnd. 9171.
Cmnd. 3906.
Part 12ZB was inserted by section 4 of the Employment Act 2002 (c. 22) and amended by the Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), regulation 49(1) and paragraph 12 of Schedule 8.
Part 12ZA was inserted by section 2 of the Employment Act 2002 and amended by the Work and Families Act 2006 (c. 18), sections 6 to 10 and the Employment Equality (Age) Regulations 2006, regulation 49(1) and paragraph 11 of Schedule 8.
1973 c. 50. Section 2 was substituted by the Employment Act 1988 (c. 19), section 25(1) and amended by the Employment Act 1989 (c. 38), section 29(4) and Part 1 of Schedule 7 and the Trade Union Reform and Employment Rights Act 1993 (c. 19), section 47(1).
Sections 34 and 70 were amended by the Employment Rights (Dispute Resolution) Act 1998 (c. 8), section 1(2)(a) and (b) and section 64 was amended by S.I. 1999/3232, regulation 41(1) and paragraph 2 of Schedule 9.
Section 112(3) was amended by the Employment Rights Act 1996, paragraph 51(4)(a) to (c) of Schedule 1.
S.I. 2001/1004, the relevant amending instruments are S.I. 2001/2412, S.I. 2002/307, S.I. 2003/2958, S.I. 2004/770, S.I. 2005/778, S.I. 2006/883, S.I. 2006/2003 and S.I. 2007/2091.
Section 6 was substituted by the Welfare Reform and Pensions Act 1999 (c. 30), section 73 and paragraph 2 of Schedule 9.
Section 11 was amended by the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), section 2 and paragraph 12 of Schedule 3 and S.I. 2007/1052, article 2(b).
Section 15 was amended by the Income Tax (Trading and Other Income) Act 2005 (c. 5), sections 882(1) and 884 and paragraphs 419 and 420(1), (2)(a), (c) and (d), (3) and (4) of Schedule 1 and Schedule 3, the National Insurance Contributions Act 2002 (c. 19), section 3(1), the Limited Liability Partnerships Act 2000 (c. 12), section 13 and S.I. 2007/1052, article 4(a) and (b).
Sections 95 and 98 and Schedule 9 were amended by the Nationality, Immigration and Asylum Act 2002 (c. 41), sections 44(1) and (6), 45(4)(a) and (b) and 50(1) and (2).
S.I. 1987/1967, relevant amending instruments are S.I. 1999/2572 and S.I. 2003/492.
1993 c. 48. The definition in section 181 was amended by S.I. 2005/2053.
S.I. 1988/664, the relevant amending instruments are S.I. 1991/387, S.I. 1991/2742, S.I. 1996/1345, S.I. 1999/2571, S.I. 1999/3178, S.I. 2000/1483, S.I. 2002/3019, S.I. 2003/492, S.I. 2005/337 and S.I. 2005/3476.
The relevant amending instrument is S.I. 2002/2314.
The relevant amending instruments are S.I. 2001/1029 and S.I. 2007/1316.
Regulation 17A was inserted by S.I. 1998/1274, regulation 4.
Regulation 75 was substituted by S.I. 1997/2863.
1988 c. 1. Section 257 was substituted by the Finance Act 1988 (c. 39), section 33 and amended by the Income Tax Act 2007 (c. 3), section 1027 and Schedule 1, Part 1, paragraphs 1 and 29(1) and (2) and S.I. 2006/3241.
Section 6 was substituted by the Welfare Reform and Pensions Act 1999 (c. 30), section 73 and paragraph 2 of Schedule 9.
Section 8 was substituted by the National Insurance Contributions Act 2002 (c. 19), section 1(1).
1952 c. 52. Section 30 was substituted by the Criminal Justice Act 1967 (c. 80), section 66(3).
1947 c. 19. Section 3 of and Part 2 of the Schedule to, the 1947 Act have been amended by S.I. 1968/1699, the Supplementary Benefit Act 1966 (c. 20), section 39(1) and paragraph 3 of Schedule 6, Supplementary Benefits Act 1976 (c. 71), section 35(1) and (2) and paragraph 4 of Schedule 6 and paragraph 1 of Schedule 7, the Social Security Act 1980 (c. 30), sections 20 and 21(4) and paragraph 1 of Schedule 4 and Part 2 of Schedule 5 and the Criminal Justice Act 2003 (c. 44), section 304 and paragraph 154 of Schedule 32.
Section 74 has been amended by the Jobseekers Act 1995 (c. 18), paragraph 5 of the Schedule and the Act, paragraph 10(8) of Schedule 3.
Section 74A was inserted by the Child Support Act 1995 (c. 34), section 25 and amended by the Civil Partnership Act 2004 (c. 33), sections 254(1) and 261(4), Part 4 of Schedule 24 and paragraph 60(a) to (c) of Schedule 30 and the Act, section 28(1) and paragraph 10(1) and (9) of Schedule 3.
S.I. 1992/1989, the relevant amending instrument is S.I. 1995/1045.
S.I. 1993/2810 (N.I. 12). The functions under article 30 were transferred by S.R. 1999/481 and the relevant amending instruments are S.I.1997/1772 (N.I. 15), S.I. 2005/1116 (N.I. 5) and S.I. 2005/1963 (N.I. 13).
2000 c. 21. Section 5 was amended by the Education Act 2002 (c. 32), section 178(1), (2)(a) and (b). Section 6 was amended by the Special Educational Needs and Disability Act 2001 (c. 10), sections 34(7) and 42(6) and Schedule 9. Section 9 was amended by the Education and Inspections Act 2006 (c. 40), section 176(2).
1973 c. 65, section 123 was substituted by the Local Government etc. (Scotland) Act 1994 (c. 39), section 180 and Schedule 13, paragraph 92(28).
Section 142 was substituted by the Child Benefit Act 2005 (c. 6), section 1(2).
1998 c. 30. Section 22 was amended by the Learning and Skills Act 2000 (c. 21), section 146(1) and (2)(a), the Higher Education Act 2004 (c. 8), sections 42(1), 43(1), (2) and (3) and 50 and Schedule 7, the Income Tax (Earnings and Pensions) Act 2003 (c. 1), section 722 and Schedule 6, Part 2, paragraph 236(a) and (b) and the Finance Act 2003 (c. 14), section 147(3).
1968 c. 46. Section 63(6) was amended by the Health and Medicines Act 1988 (c. 49), section 20.
S.I. 2003/1994, the relevant amending instrument is S.I. 2007/1629.
1980 c. 43. The definition in section 150(1) was inserted by the Family Law Reform Act 1987 (c. 42), section 33(1) and Schedule 2, paragraph 88.
1989 c. 41. Section 23(2)(a) was amended by section 49(3) of the Children Act 2004 (c. 31).
Section 59(1)(a) was amended by section 49(4) of the Children Act 2004 (c. 31).
1983 c. 20. Section 45A was inserted by the Crime (Sentences) Act 1997 (c. 43), section 46 and amended by the Criminal Justice Act 2003 (c. 44), Schedule 32, paragraphs 37 and 39 and Schedule 37, Part 7.
1995 c. 46. Section 59A was inserted by the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp. 13), Schedule 4, paragraph 8(6).
Section 47 was amended by the Crime (Sentences) Act 1997, section 49(3).
2000 c. 6. Section 90 was amended by the Criminal Justice and Court Services Act 2000 (c. 43), section 60(2) and (3).
1973 c. 50, as amended by sections 9 and 11 of, and Schedule 2, Part II paragraph 9 and Schedule 3 to, the Employment and Training Act 1981 (c. 57).
1947 c. 19; amended by Schedule 4 of the Social Security Act 1980 (c. 30) and by S.I. 1951/674 and 1968/1699.
S.I. 2000/636, the relevant amending instruments are S.I. 2002/2497 and S.I. 2003/2274.
1983 c. 20; section 45A was inserted by the Crime (Sentences) Act 1977 (c. 43), section 46, and amended by the Criminal Justice Act 2003 (c. 44), Schedule 32, paragraphs 37 and 39 and Schedule 37, Part 7.
1995 c. 46; section 59A was inserted by the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp. 13), Schedule 4, paragraph 8(6).
Section 47 was amended by the Crime (Sentences) Act 1997, section 49(3).
S.I. 2002/1792, the relevant amending instruments are S.I. 2002/3019, S.I. 2006/718 and S.I. 2006/2378.
1988 c. 41. Section 41(1) was amended by the Local Government Finance Act 1992 (c. 14), Schedule 13, paragraph 59.
S.I. 1987/1968, the relevant amending instruments are S.I. 1996/2431 and S.I. 2005/2877.
S.I. 1975/556, the relevant amending instruments are S.I. 1996/2367, S.I. 2000/3120, S.I. 2001/518, S.I. 2001/1711, S.I. 2002/490, S.I. 2003/521 and S.I. 2007/1749.
S.I. 2006/213, the relevant amending instrument is S.I. 2007/688.
S.I. 1995/2287, these regulations were superseded by S.I. 1995/3320.
1996 c. 18. Sections 34 and 70 were amended by section 1(2) of the Employment Rights (Dispute Resolution) Act 1998 (c. 8).
Part 12ZB was inserted by the Employment Act 2002, section 4 and amended by the Income Tax (Earnings and Pensions) Act 2003 (c. 1), section 722 and paragraphs 169 and 184 of Schedule 6, the Work and Families Act 2006, sections 2 and 11(1) and paragraph 21 of Schedule 1, the National Health Service (Consequential Provisions) Act 2006 (c. 43), section 2 and paragraphs 142, 149 and 150, the Act section 67 and Schedule 8, S.I. 2006/1031 and S.I. 2006/2012.
1996 c. 56. Section 518 was substituted by the School Standards and Framework Act 1998 (c. 31), section 129.
Section 73ZA was inserted by the Further and Higher Education (Scotland) Act 2005 asp. 6, section 19.
2002 c. 32. Section 14 was amended by the Children Act 2004 (c. 31), section 59 and the Education Act 2005 (c. 18), Schedule 14, paragraph 23(1) to (3).
Section 39A was inserted by the Welfare Reform and Pensions Act 1999 (c. 30), section 55(2).
Subsection (1A) of section 369 was inserted by the Finance Act 1999 (c. 16), Schedule 4, paragraph 4.
1989 c. 41. Section 15(1) was amended by the Courts and Legal Services Act 1990 (c. 41), section 116 and Schedule 16, paragraph 10 and paragraph 15 of Schedule 1 was amended by the Civil Partnership Act 2004 (c. 33), section 78(1) and (3).
Section 14F was inserted by the Adoption and Children Act 2002 (c. 38), section 115(1).
1948 c. 29. Section 26(3A) was inserted by the National Health Service and Community Care Act 1990 (c. 19), section 42(4).
1977 c. 49. Section 18(1) of the National Health Service Act 2006 (c. 41) provides for the continued existence of Primary Care Trusts established under section 16A of the National Health Service Act 1977.
1989 c. 41. Sections 23B, 23C and 24A were substituted by the Children (Leaving Care) Act 2000 (c. 35), sections 2 and 4.
S.I. 2003/2382, the relevant amending instruments are S.I. 2004/663, S.I. 2004/696, S.I. 2004/936, S.I. 2005/26, S.I. 2005/578, S.I. 2006/562 and S.I. 2006/675.
S.I. 1983/686, the relevant amending instrument is S.I. 1994/2021.
Section 74A was inserted by the Child Support Act 1995 (c. 34), section 25 and was amended by the Civil Partnership Act 2004 (c. 33), Schedule 24, paragraph 60 and the Welfare Reform Act 2007 (c. 5), Schedule 3, paragraph 10.
1989 c. 41. Sections 23B, 23C and 24A were substituted by the Children (Leaving Care) Act 2000 (c. 35), sections 2 and 4.
1992 c. 14. Section 80 was amended by the Local Government etc. (Scotland) Act 1994 (c. 39), Schedule 13, paragraph 176(4).
S.I. 2003/2382, the relevant amending instruments are S.I. 2004/663, S.I. 2004/696, S.I. 2004/936, S.I. 2005/26, S.I. 2005/578, S.I. 2006/562 and S.I. 2006/675.
S.S.I. 2003/460, the relevant amending instruments are S.S.I. 2004/102, S.S.I. 2004/166, S.S.I. 2006/183 and S.S.I. 2007/259.
S.I. 1998/3122, the relevant amending instrument is S.I. 2007/2204
1996 c. 56. Section 518 was substituted by the School Standards and Framework Act 1998 (c. 31), section 129.
Section 73ZA was inserted by the Further and Higher Education (Scotland) Act 2005 (asp. 6), section 19.
1989 c. 24. Section 25(4) was amended by S.I. 2001/3506.
1989 c. 41. Section 14F was inserted by the Adoption and Children Act 2002 (c. 38), section 115(1).
Financial Assistance Scheme
72A
- (1) For the purposes of sections 2(1)(c) and 3 of the Act (deductions from contributory allowance) pension payment is to include a Financial Assistance Scheme payment.
- (2) In this regulation “Financial Assistance Scheme payment” means a payment made under the Financial Assistance Scheme Regulations 2005.
Councillor's allowance
Deductions for pension payment and PPF payment
Payments treated as not being payments to which section 3 applies
Deductions for councillor's allowance
Date from which payments are to be taken into account
Date from which a change in the rate of the payment takes effect
Calculation of payment made other than weekly
Child maintenance or liable relative payments
Treatment of child maintenance or liable relative payments
Calculation of the weekly amount of a child maintenance or liable relative payment
Date on which a child maintenance or liable relative payment is to be treated as paid
1
This paragraph applies to cases other than those falling within paragraphs 2 to 7 of Schedule 2 to the ESA and UC Regulations 2017.
- (1) The weekly amounts specified in column (2) in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 67(1) and 68 (prescribed amounts and polygamous marriages)—
| (1) | (1) | (2) | (2) | |
|---|---|---|---|---|
| Person or Couple | Person or Couple | Amount | Amount | |
| (1)Single claimant— | (1)Single claimant— | (1) | (1) | |
| (a) | who satisfies the conditions set out in section 2(2) or 4(4) of the Act or who is a member of the work-related activity group; | (a) | £74.70; | |
| (b) | aged not less than 25; | (b) | £74.70; | |
| (c) | aged less than 25. | (c) | £59.20; | |
| (2)Lone parent or a person who has no partner and who is responsible for and a member of the same household as a young person— | (2)Lone parent or a person who has no partner and who is responsible for and a member of the same household as a young person— | (2) | (2) | |
| (a) | who satisfies the conditions set out in section 4(4) of the Act or who is a member of the work-related activity group and satisfies the conditions set out in Part 2 of Schedule 1 to the Act; | (a) | £74.70; | |
| (b) | aged not less than 18; | (b) | £74.70; | |
| (c) | aged less than 18. | (c) | £59.20; | |
| (3)Couple— | (3)Couple— | (3) | (3) | |
| (a) | where both members are aged not less than 18; | (a) | £117.40; | |
| (b) | where one member is aged not less than 18 and the other member is a person under 18 who— | (b) | £117.40; | |
| (i) | if that other member had not been a member of a couple, would satisfy the requirements for entitlement to income support other than the requirement to make a claim for it; or | |||
| (ii) | if that other member had not been a member of a couple, would satisfy the requirements for entitlement to an income-related allowance; or | |||
| (iii) | satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); or | |||
| (iv) | is the subject of a direction under section 16 of that Act (persons under 18: severe hardship); | |||
| (c) | where the claimant satisfies the conditions set out in section 4(4) of the Act or the claimant is a member of the work-related activity group and satisfies the conditions set out in Part 2 of Schedule 1 to the Act and both members are aged less than 18 and— | (c) | £117.40; | |
| (i) | at least one of them is treated as responsible for a child; or | |||
| (ii) | had they not been members of a couple, each would have qualified for an income-related allowance; or | |||
| (iii) | had they not been members of a couple the claimant’s partner would satisfy the requirements for entitlement to income support other than the requirement to make a claim for it; or | |||
| (iv) | the claimant’s partner satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); or | |||
| (v) | there is in force in respect of the claimant’s partner a direction under section 16 of that Act (persons under 18: severe hardship); | |||
| (d) | where both members are aged less than 18 and— | (d) | £89.45; | |
| (i) | at least one of them is treated as responsible for a child; or | |||
| (ii) | had they not been members of a couple, each would have qualified for an income-related allowance; or | |||
| (iii) | had they not been members of a couple the claimant’s partner satisfies the requirements for entitlement to income support other than a requirement to make a claim for it; or | |||
| (iv) | the claimant’s partner satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); or | |||
| (v) | there is in force in respect of the claimant’s partner a direction under section 16 of that Act (persons under 18: severe hardship); | |||
| (e) | where the claimant is aged not less than 25 and the claimant’s partner is a person under 18 who— | (e) | £74.70; | |
| (i) | would not qualify for an income-related allowance if the person were not a member of a couple; | |||
| (ii) | would not qualify for income support if the person were not a member of a couple; | |||
| (iii) | does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); and | |||
| (iv) | is not the subject of a direction under section 16 of that Act (persons under 18: severe hardship); | |||
| (f) | where the claimant satisfies the conditions set out in section 4(4) of the Act or the claimant is a member of the work-related activity group and satisfies the conditions set out in Part 2 of Schedule 1 to the Act and the claimant’s partner is a person under 18 who— | (f) | £74.70; | |
| (i) | would not qualify for an income-related allowance if the person were not a member of a couple; | |||
| (ii) | would not qualify for income support if the person were not a member of a couple; | |||
| (iii) | does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); and | |||
| (iv) | is not the subject of a direction under section 16 of that Act (persons under 18: severe hardship); | |||
| (g) | where the claimant satisfies the conditions set out in section 4(4) of the Act or the claimant is a member of the work-related activity group and satisfies the conditions set out in Part 2 of Schedule 1 to the Act and both members are aged less than 18 and paragraph (c) does not apply; | (g) | £74.70; | |
| (h) | where the claimant is aged not less than 18 but less than 25 and the claimant’s partner is a person under 18 who— | (h) | £59.20; | |
| (i) | would not qualify for an income-related allowance if the person were not a member of a couple; | |||
| (ii) | would not qualify for income support if the person were not a member of a couple; | |||
| (iii) | does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); and | |||
| (iv) | is not the subject of a direction under section 16 of that Act (persons under 18: severe hardship); | |||
| (i) | where both members are aged less than 18 and paragraph (d) does not apply. | (i) | £59.20. | |
| (1) | (1) | (1) | (2) | (2) |
| Person or Couple | Person or Couple | Person or Couple | Amount | Amount |
| (1)Single claimant— | (1)Single claimant— | (1)Single claimant— | (1) | (1) |
| (a) | who satisfies the conditions set out in section 2(2) or (3) or 4(4) or (5) of the Act; | who satisfies the conditions set out in section 2(2) or (3) or 4(4) or (5) of the Act; | (a) | £74.70; |
| (b) | aged not less than 25; | aged not less than 25; | (b) | £74.70; |
| (c) | aged less than 25. | aged less than 25. | (c) | £59.20; |
| (2)Lone parent or a person who has no partner and who is responsible for and a member of the same household as a young person— | (2)Lone parent or a person who has no partner and who is responsible for and a member of the same household as a young person— | (2)Lone parent or a person who has no partner and who is responsible for and a member of the same household as a young person— | (2) | (2) |
| (a) | who satisfies the conditions set out in section 4(4) or (5) of the Act; | who satisfies the conditions set out in section 4(4) or (5) of the Act; | (a) | £74.70; |
| (b) | aged not less than 18; | aged not less than 18; | (b) | £74.70; |
| (c) | aged less than 18. | aged less than 18. | (c) | £59.20; |
| (3)Couple— | (3)Couple— | (3)Couple— | (3) | |
| (a) | where both members are aged not less than 18; | where both members are aged not less than 18; | (a) | £117.40; |
| (b) | where one member is aged not less than 18 and the other member is a person under 18 who— | where one member is aged not less than 18 and the other member is a person under 18 who— | (b) | £117.40; |
| (i) | (i) | if that other member had not been a member of a couple, would satisfy the requirements for entitlement to income support other than the requirement to make a claim for it; or | ||
| (ii) | (ii) | if that other member had not been a member of a couple, would satisfy the requirements for entitlement to an income-related allowance; or | ||
| (iii) | (iii) | satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); or | ||
| (iv) | (iv) | is the subject of a direction under section 16 of that Act (persons under 18: severe hardship); | ||
| (c) | where the claimant satisfies the conditions set out in section 4(4) or (5) of the Act and both members are aged less than 18 and— | where the claimant satisfies the conditions set out in section 4(4) or (5) of the Act and both members are aged less than 18 and— | (c) | £117.40; |
| (i) | (i) | at least one of them is treated as responsible for a child; or | ||
| (ii) | (ii) | had they not been members of a couple, each would have qualified for an income-related allowance; or | ||
| (iii) | (iii) | had they not been members of a couple the claimant’s partner would satisfy the requirements for entitlement to income support other than the requirement to make a claim for it; or | ||
| (iv) | (iv) | the claimant’s partner satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); or | ||
| (v) | (v) | there is in force in respect of the claimant’s partner a direction under section 16 of that Act (persons under 18: severe hardship); | ||
| (d) | where both members are aged less than 18 and— | where both members are aged less than 18 and— | (d) | £89.45; |
| (i) | (i) | at least one of them is treated as responsible for a child; or | ||
| (ii) | (ii) | had they not been members of a couple, each would have qualified for an income-related allowance; or | ||
| (iii) | (iii) | had they not been members of a couple the claimant’s partner satisfies the requirements for entitlement to income support other than a requirement to make a claim for it; or | ||
| (iv) | (iv) | the claimant’s partner satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); or | ||
| (v) | (v) | there is in force in respect of the claimant’s partner a direction under section 16 of that Act (persons under 18: severe hardship); | ||
| (e) | where the claimant is aged not less than 25 and the claimant’s partner is a person under 18 who— | where the claimant is aged not less than 25 and the claimant’s partner is a person under 18 who— | (e) | £74.70; |
| (i) | (i) | would not qualify for an income-related allowance if the person were not a member of a couple; | ||
| (ii) | (ii) | would not qualify for income support if the person were not a member of a couple; | ||
| (iii) | (iii) | does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); and | ||
| (iv) | (iv) | is not the subject of a direction under section 16 of that Act (persons under 18: severe hardship); | ||
| (f) | where the claimant satisfies the conditions set out in section 4(4) or (5) of the Act and the claimant’s partner is a person under 18 who— | where the claimant satisfies the conditions set out in section 4(4) or (5) of the Act and the claimant’s partner is a person under 18 who— | (f) | £74.70; |
| (i) | (i) | would not qualify for an income-related allowance if the person were not a member of a couple; | ||
| (ii) | (ii) | would not qualify for income support if the person were not a member of a couple; | ||
| (iii) | (iii) | does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); and | ||
| (iv) | (iv) | is not the subject of a direction under section 16 of that Act (persons under 18: severe hardship); | ||
| (g) | where the claimant satisfies the conditions set out in section 4(4) or (5) of the Act and both members are aged less than 18 and paragraph (c) does not apply; | where the claimant satisfies the conditions set out in section 4(4) or (5) of the Act and both members are aged less than 18 and paragraph (c) does not apply; | (g) | £74.70; |
| (h) | where the claimant is aged not less than 18 but less than 25 and the claimant’s partner is a person under 18 who— | where the claimant is aged not less than 18 but less than 25 and the claimant’s partner is a person under 18 who— | (h) | £58.90; |
| (i) | (i) | would not qualify for an income-related allowance if the person were not a member of a couple; | ||
| (ii) | (ii) | would not qualify for income support if the person were not a member of a couple; | ||
| (iii) | (iii) | does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); and | ||
| (iv) | (iv) | is not the subject of a direction under section 16 of that Act (persons under 18: severe hardship); | ||
| (i) | where both members are aged less than 18 and paragraph (d) does not apply. | where both members are aged less than 18 and paragraph (d) does not apply. | (i) | £59.20. |
2
Except as provided in paragraph 4, the weekly premiums specified in Part 3 of this Schedule are, for the purposes of regulation 67(1)(b) and 68(1)(c), to be applicable to a claimant who satisfies the condition specified in paragraphs 5 to 8 in respect of that premium.
3
An enhanced disability premium in respect of a person is not applicable in addition to a pensioner premium.
4
- (1) For the purposes of this Part of this Schedule, once a premium is applicable to a claimant under this Part, a person is to be treated as being in receipt of any benefit—
- (a) in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979 applies, for any period during which, apart from the provisions of those Regulations, the person would be in receipt of that benefit; ...
- (b) for any period spent by a person in undertaking a course of training or instruction provided or approved by the Secretary of State under section 2 of the Employment and Training Act 1973, or by Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990 , or for any period during which the person is in receipt of a training allowance and
- (c) in the case of carer support payment, for any period during which, apart from regulation 16 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, the person would be in receipt of that benefit.
- (2) For the purposes of the carer premium under paragraph 8, a claimant is to be treated as being in receipt of a carer’s allowance by virtue of sub-paragraph (1)(a) or carer support payment by virtue of sub-paragraph (1)(c) only if and for so long as the person in respect of whose care the allowance or payment has been claimed remains in receipt of—
- (a) attendance allowance;
- (aa) pension age disability payment;
- (b) the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act; ...
- (ba) the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;
- (c) the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act; ...
- (ca) the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022; or
- (d) armed forces independence payment.
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