Condition relating to youthE+W+S
4(1)The third condition is that —E+W+S
(a)the claimant was under 20 or, in prescribed cases, 25 when the relevant period of limited capability for work began,
(b)he is not receiving full-time education,
(c)he satisfies such conditions as may be prescribed with respect to residence or presence in Great Britain (or both), and
(d)there has been a day in the relevant period of limited capability for work—
(i)which was a day on which he was aged at least 16, and
(ii)which was preceded by a period of 196 consecutive days throughout which he had limited capability for work.
(2)In sub-paragraph (1), “relevant period of limited capability for work” means the period of limited capability for work which includes the relevant benefit week.
(3)Regulations may prescribe circumstances in which sub-paragraph (1)(a) does not apply in the case of a person who has previously ceased to be entitled to an employment and support allowance to which he was entitled by virtue of satisfying the condition set out in sub-paragraph (1).
(4)Regulations may make provision about when, for the purposes of sub-paragraph (1)(b), a person is, or is not, to be treated as receiving full-time education.
Modifications etc. (not altering text)
C1Sch. 1 para. 4(1)(a) excluded (27.10.2008) by Employment and Support Allowance Regulations 2008 (S.I. 2008/794), regs. 1(a), 10
C2Sch. 1 para. 4(1)(a) excluded (29.4.2013) by The Employment and Support Allowance Regulations 2013 (S.I. 2013/379), regs. 1(2), 11 (with reg. 1(3))
Commencement Information
I1Sch. 1 para. 4(1)(a) (c) (3) (4) in force at 18.3.2008 for specified purposes by S.I. 2008/787, art. 2(1)
I2Sch. 1 para. 4(1)(a) (c) (3) (4) in force at 27.10.2008 in so far as not already in force by S.I. 2008/787, art. 2(4)(d)
I3Sch. 1 para. 4(1)(b) (d) (2) in force at 27.10.2008 by S.I. 2008/787, art. 2(4)(d)