The Social Security (Young Persons) Amendment Regulations 2006
| Jurisdiction | UK Non-devolved |
| Citation | SI 2006/718 |
| Year | 2006 |
2006 No. 718
SOCIAL SECURITY
The Social Security (Young Persons) Amendment Regulations 2006
Made 13th March 2006
Laid before Parliament 20th March 2006
Coming into force in accordance with regulation 1(2)
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 123(1)(a), (d) and (e), 124(1)(d) and (e), 135(1), 137(1) and (2)(e), (f) and (i) and 175(1) and (3) to (5) of the Social Security Contributions and Benefits Act 19921, sections 3(1)(f)(iii), 3A(1)(e)(ii), 4(5), 35(1) and 36(2) to (4) of, and paragraphs 8, 8A(1), 9C and 14 of Schedule 1 to, the Jobseekers Act 19952and sections 1(5)(b), 2(3)(b), 15(3) and (6), 17(1) and (2) and 19(1) of the State Pension Credit Act 20023.
In accordance with section 176(1) of the Social Security Administration Act 19924, he has consulted with the organisations appearing to him to be representative of the authorities concerned.
The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to it5.
Citation and commencement
1.—(1) These Regulations may be cited as the Social Security (Young Persons) Amendment Regulations 2006.
(2) These Regulations shall come into force—
(a)
(a) except for the purposes of the regulations listed in sub-paragraph (b), on 10th April 2006, and
(b)
(b) for the purposes of regulations 2(8), 3(10), 4(4) and 5(4) on 10th April 2006 immediately after article 16(3) of the Social Security Benefits Up-rating Order 20066comes into force.
Amendment of the Income Support (General) Regulations 1987
2.—(1) The Income Support (General) Regulations 19877shall be amended in accordance with the provisions of this regulation.
(2) For regulation 12 (relevant education)8, there shall be substituted—
“12. For the purposes of these Regulations, a person is to be treated as receiving relevant education if he is a qualifying young person within the meaning of section 142 of the Contributions and Benefits Act (child and qualifying young person)9.”.
(3) In regulation 13(2) (circumstances in which persons in relevant education are to be entitled to income support)10—
(a)
(a) for “aged 16 or over but under 19” there shall be substituted “who is a qualifying young person within the meaning of section 142 of the Contributions and Benefits Act (child and qualifying young person)”; and
(b)
(b) for sub-paragraph (b) there shall be substituted—
“(b)
“(b) has in his applicable amount the disability premium or severe disability premium; or
(bb)
(bb) has satisfied the provisions of paragraph 7 of Schedule 1B for a continuous period of not less than 196 days, and for this purpose any two or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period; or
(bc)
(bc) he is a person to whom paragraph 1 of Part I of the Schedule to the Social Security (Immigration and Asylum) Consequential Amendments Regulations 200011applies; or”.
(4) In regulation 14 (persons of a prescribed description)12—
(a)
(a) in paragraph (1), for the words from “aged 16 or over” to “(meaning of child)” there shall be substituted “who falls within the definition of qualifying young person in section 142 of the Contributions and Benefits Act (child and qualifying young person)”; and
(b)
(b) paragraph (2)(a) shall be omitted.
(5) In regulation 54 (interpretation for liable relatives) in the definition of “young claimant”, for “19” there shall be substituted “20”.
(6) In regulation 61(1) (interpretation for students)13in the definition of “full-time student”, for “means a person,” there shall be substituted “means a person who is not a qualifying young person or child within the meaning of section 142 of the Contributions and Benefits Act (child and qualifying young person) and”.
(7) In Schedule 1B (prescribed categories of person)14—
(a)
(a) in paragraph 15 (persons in education), for “severely handicapped persons” there shall be substituted “disabled persons, persons with limited leave to enter or remain”; and
(b)
(b) before paragraph 28, there shall be inserted the heading “Persons engaged in training”.
(c)
(c) in paragraph 28, after “A person who is” there shall be inserted “not a qualifying young person or child within the meaning of section 142 of the Contributions and Benefits Act (child and qualifying young person) and who is”.
(8) In Schedule 2 paragraph 2(1) (applicable amounts)15, in paragraph (b) of column (1) of the table for “nineteenth” there shall be substituted “twentieth”.
(9) In Schedule 10 (capital to be disregarded), in paragraph 64(2)(c)(ii)(bb) and (4)(c)(ii)(bb)16for “19” there shall be substituted “20”.
Amendment of the Jobseeker’s Allowance Regulations 1996
3.—(1) The Jobseeker’s Allowance Regulations 199617shall be amended in accordance with the provisions of this regulation.
(2) In regulation 1(3) (citation, commencement and interpretation) in the opening words of the definition of “full-time student”, after “training allowance” there shall be inserted “or a person who is a qualifying young person or child within the meaning of section 142 of the Benefits Act (child and qualifying young person)”.
(3) In regulation 3C(1)(c) (entitlement of a new joint-claim couple to a jobseeker’s allowance)18, for the words after “16 and are” there shall be substituted “not qualifying young persons within the meaning of section 142 of the Benefits Act (child and qualifying young person)”.
(4) For regulation 54(2) (relevant education), there shall be substituted—
“2 A child or young person shall be treated as receiving full-time education where he is a qualifying young person or child within the meaning of section 142 of the Benefits Act (child and qualifying young person).”.
(5) In regulation 57 (interpretation of Part IV), for the definition of “child benefit extension period” there shall be substituted—
““child benefit extension period” means the extension period within the meaning of regulation 5(3) of the Child Benefit (General) Regulations 2006 (extension period: 16 and 17 year olds)19.”.
(6) In regulation 76 (persons of a prescribed description)—
(a)
(a) in paragraph (1), for “aged 16 or over but under 19 who is treated as a child for the purposes of section 142 of the Benefits Act (meaning of child)” there shall be substituted “who falls within the definition of qualifying young person in section 142 of the Benefits Act (child and qualifying young person)”; and
(b)
(b) paragraph (2)(a) shall be omitted.
(7) In regulation 117 (interpretation for liable relatives) in the definition of “young claimant”, for “19” there shall be substituted “20”.
(8) In regulation 170(1) (persons in receipt of a training allowance)20, after “within paragraph (2)” there shall be inserted “and is not a qualifying young person or child within the meaning of section 142 of the Benefits Act (child and qualifying young person)”.
(9) In Schedule A1 (categories of members of a joint-claim couple who are not required to satisfy the conditions in section 1(2B)(b))21—
(a)
(a) in paragraph 2 (member studying full-time), for the words “aged 16 or over but under 19 and is receiving full-time education for the purposes of” in all three places they appear, there shall be substituted “a qualifying young person within the meaning of”; and
(b)
(b) in paragraph 16 (young persons in training), after “A member who” there shall be inserted “is not a qualifying young person or child within the meaning of section 142 of the Benefits Act (child and qualifying young person) and who”.
(10) In Schedule 1 paragraph 2(1) (applicable amounts)22, in paragraph (b) of column (1) of the table for “nineteenth” there shall be substituted “twentieth”.
(11) In Schedule 8 (capital to be disregarded), in paragraph 57(2)(c)(ii)(bb) and (4)(c)(ii)(bb)23for “19” there shall be substituted “20”.
Amendments in relation to Housing Benefit
4.—(1) The Housing Benefit Regulations 200624(referred to in this regulation as “the Housing Benefit Regulations”) and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200625(referred to in this regulation as “the Housing Benefit (SPC) Regulations”) shall be amended in accordance with the provisions of this regulation.
(2) In regulation 19 of the Housing Benefit Regulations and the Housing Benefit (SPC) Regulations (persons of prescribed description)—
(a)
(a) in paragraph (1), for “aged 16 or over...
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