The Income Support (General) Regulations 1987

Circumstances in which persons in relevant education are to be entitled to income support

13.—(1) Notwithstanding that a person is to be treated as receiving relevant education under regulation 12 (relevant education) he shall, if paragraph (2) applies to him and he satisfies the other conditions of entitlement to income support, be entitled to income support.

(2) This paragraph applies to a young person who—

(a)is the parent of a child for whom he is treated as responsible under regulation 15 (circumstances in which a person is to be treated as responsible or not responsible for another) and who is treated as a member of his household under regulation 16 (circumstances in which a person is to be treated as being or not being a member of the household); or

(b)is severely mentally or physically handicapped and because of that he would be unlikely, even if he were available for employment, to obtain employment within the next 12 months; or

(c)has no parent nor any person acting in the place of his parents; or

(d)is living away from and is estranged from his parents or any person acting in place of his parents; or

(e)is living away from his parents and any person 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—

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

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

(iii)prohibited from entering or re-entering Great Britain; or

(f)is attending a course of education to which regulation 9 (persons treated as available for employment) applies and satisfies the other conditions of that regulation; or

(g)has completed or terminated such a course and while attending that course satisfied the other conditions of that regulation; or

(h)he is a person to whom paragraph 16 of Schedule 1 (refugees not required to be available for employment) applies.

(3) In this regulation—

(a)any reference to a person acting in the place of a young person’s parents includes—

(i)for the purposes of paragraph (2)(c) and (d), a reference to a local authority or voluntary organisation where the young person is in their care under a relevant enactment, or to a person with whom the young person is boarded out by a local authority or voluntary organisation whether or not any payment is made by them; and

(ii)for the purposes of paragraph (2)(e), any person with whom the young person is so boarded out;

(b)“chronically sick or mentally or physically disabled” means, in relation to a person to whom that expression refers, a person—

(i)in respect of whom the condition specified in paragraph 12(1) of Schedule 2 (additional condition for the higher pensioner and disability premiums) is satisfied; or

(ii)in respect of whom an amount under article 26 of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983(1) (provision of expenses in respect of appropriate aids for disabled living) is payable in respect of the cost of providing a vehicle, or maintaining a vehicle to a disabled person; or

(iii)who is substantially and permanently disabled.