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Income Support eligibility omits the remunerative work and JSA conditions (SSCBA 1992 s.124(1)(c), (f)) #2024
Description
income_support_eligible does not model two of the conditions in SSCBA 1992 s.124(1):
- (c) "he is not engaged in remunerative work and, if he is a member of a couple, the other member is not so engaged". Remunerative work is paid work of at least 16 hours a week for the claimant (IS Regs 1987 reg 5(1)) and 24 for the partner (reg 5(1A)). A carer within Sch 1B para 4 is not treated as engaged in it (reg 6(4)(c)).
- (f) "he is not entitled to a jobseeker's allowance and, if he is a member of a couple, the other member of the couple is not, and the couple are not, entitled to an income-based jobseeker's allowance".
On main (and on #2013), each of these synthetic 2025 households is eligible:
| Household | income_support_eligible |
Law |
|---|---|---|
| Lone parent with a child aged 3, reports IS, works 30 hours a week | true | (c): 30 ≥ 16, and a lone parent is not a carer |
| Carer who reports IS; partner works 40 hours a week and is not a carer | true | (c): 40 ≥ 24 |
| Carer who reports IS and contribution-based JSA | true | (f): the claimant is entitled to a JSA |
| Carer who reports IS; partner reports income-based JSA (no capital) | true | (f): the partner is entitled to income-based JSA |
Each should be false. The partner's contribution-based JSA does not bar the claim, and nor does work or JSA of anyone outside the couple.
Follows #2023 / #2013, which scope the other s.124(1) conditions to the claimant and partner.
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