The Income-related Benefits and Jobseeker’s Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996

Transitional provisions

10.—(1) Where, in relation to a claim for income support, jobseeker’s allowance, housing benefit or council tax benefit, a claimant’s weekly applicable amount includes a personal allowance in respect of one or more children or young persons who are, as at the day before the appropriate date these Regulations come into force for the purpose of those benefits in accordance with regulation 1 of these Regulations (referred to in this regulation as “the appropriate date”), aged 11, 16 or 18, the provisions specified in regulation 2(7) of these Regulations shall have effect, for the period specified in paragraph (2) below, as if regulation 2 of these Regulations had not been made.

(2) The period specified for the purposes of paragraph (1) above shall be, in relation to each particular child or young person referred to in that paragraph, the period beginning on the appropriate date and ending—

(a)where that child or young person is aged 11 or 16 as at the day before the appropriate date, on 31st August 1997;

(b)where that young person is aged 18 as at the day before the appropriate date, on the day preceding the day that young person ceases to be a person of a prescribed description for the purposes of regulation 14 of the Income Support Regulations(1), regulation 76 of the Jobseeker’s Allowance Regulations, regulation 13 of the Housing Benefit Regulations(2) or regulation 5 of the Council Tax Benefit Regulations.

(3) Where, in any particular case, the appropriate maximum family credit or, as the case may be, the appropriate maximum disability working allowance includes a credit or allowance in respect of one or more children or young persons who are, as at 6th October 1997, aged 11, 16 or 18, the Family Credit Regulations or, as the case may be, the Disability Working Allowance Regulations shall have effect, for the period specified in paragraph (4) below, as if regulations 5 and 6 or, as the case may be, 8 and 9 of these Regulations had not been made.

(4) The period specified for the purposes of paragraph (3) above shall be, in relation to each particular child or young person referred to in that paragraph, the period beginning on 7th October 1997 and ending—

(a)where that child or young person is aged 11 or 16 as at 6th October 1997, on 31st August 1998;

(b)where that young person is aged 18 as at 6th October 1997, on the day preceding the day that young person ceases to be a person of a prescribed description for the purposes of regulation 6 of the Family Credit Regulations or, as the case may be, regulation 8 of the Disability Working Allowance Regulations.