Income Support; Qualification
Income Support is a means-tested benefit for persons over 16 and below pensionable age who are not in full-time paid work. Income Support is a top-up payment for persons whose income and capital are below certain levels and fall into certain categories. Income Support supports adults only.
A person who is unemployed and signs on as available for work must seek Jobseeker’s Allowance. This may be supplemented by income-based Jobseeker’s Allowance in some cases.
As of October 2008, Employment and Support Allowance replaced Income Support for persons who claimed in relation to disability and illness. Persons qualifying before that date may continue to qualify for Income Support, although migration is ultimately required by mid-2014.
Ultimately, it is intended that Income Support is replaced by Universal Credit. This is part of the proposed scheme of welfare reform as of mid-2014. This will replace benefits and tax benefits, including Income Support. The concept is that persons, whether out of work or in work, claim one single means-tested benefit. Existing claimants for Income Support will be migrated to the new Universal Credit if it is introduced gradually from 2015 to 2017.
A person may not qualify for Income Support if they have capital over £16,000. Personal possessions other than investments, and a person’s home are disregarded. A person will be treated as being entitled to capital if they transfer the capital to secure entitlement or increase entitlement.
A person may not claim Income Support if they are working more than 16 hours a week, or if their partner, if they have one, is working 24 or more hours a week. There are exceptions for childminders in their own home, persons on a training scheme being paid a training allowance, persons providing care, foster carers, persons engaged in certain special occupations including Coast Guard and fire brigade, persons doing voluntary work, persons on temporary leave of absence from work including sickness, maternity, paternity, or adoptive leave.
The person must not generally be in full-time education. There are limited exceptions for lone parents and certain disabled persons.
The person must be present in the United Kingdom (UK), habitually resident in the UK, Republic of Ireland, or Channel Islands, and have a right to reside. A person is habitually resident if they are exercising EU rights and are treated as employees as such. Persons who have been granted leave to enter the UK on humanitarian grounds or refugees are generally habitually resident.
The person must not be subject to immigration control. This would be if they require leave to enter, do not have it, breach a condition of leave to enter, or are appealing a decision regarding immigration status.
The following categories of persons may qualify for Income Support:
A lone parent responsible for a child under seven who is living in their household. Until 2008, the age limit was 16. It may be reduced further to five in 2014. There are exceptions to the above.
A lone parent may be entitled to claim Income Support regardless of the age of the child if any of the other categories below apply. This includes cases where they have a foster child under 16, are receiving Carer’s Allowance, are caring for someone receiving the middle or higher rate component of Disability Living Allowance, or are receiving either Incapacity Benefit or National Insurance Credits as incapable of work.
Other qualifying persons include persons looking after a child under 16 temporarily because the child’s parent or the person who usually looks after them is temporarily ill or absent from home; a person responsible for a child under 16 who is living in their household and whose partner is temporarily outside the UK; a person entitled to parental or paternity leave who is not entitled to remuneration or payment of any kind from their employment and, before leave, is entitled to Working Tax Credit or Child Tax Credit at a higher rate than the family element, or Housing Benefit; a person who is not a member of a married couple and is fostering a child under 16; a person who is not a member of a couple and has a child placed with them prior to adoption by an adoption agency.
Following carers qualify: persons receiving Carer’s Allowance; those who would have received it but for sanctions; carers for someone in receipt of Attendance Allowance or middle or higher rate Disability Living Allowance; persons who are pregnant or incapable of work due to pregnancy, are in 11 weeks of confinement, or have a baby not more than 15 weeks old.
Persons entitled to statutory sick pay; persons incapable of work but treated as capable of work because they have been disqualified from receiving Incapacity Benefit, e.g., through misconduct or failure to accept treatment; a person appealing a decision on incapacity for work under their own occupation test; a person who is registered blind; full-time students or young persons in certain education who have disabilities and are entitled to disability or severe disability premium or other disability allowances.
A full-time student who is a lone parent of a child under seven; a lone foster parent of a child under 16; or a single person or one of a couple, both of whom are full-time students, and who falls into one of the categories of people who qualify for Income Support. The person or their partner must have a child under 16 or a qualifying young person living with them.
Further category: a person under the age of 21 who is in full-time non-advanced education and started the course prior to turning 19. They must have no parent or anyone acting in their place, have to live away from their parents or persons acting in their place because they are estranged from them, or in physical or moral danger, or there is a serious risk to their mental health; or live away from their parents or anyone acting in their place and they are unable to support them financially, and they are chronically sick or mentally or physically disabled; detained in custody or prohibited from entering or re-entering Northern Ireland.
Further category: a young person in relevant education who has a dependent child; no parent or anyone acting in their place; or has to live away from home for reasons equivalent to the above; a person engaged in training. Training in this context means training for which those under 18 are eligible or for which those 18 to 24 years may be eligible, provided directly by a training organization pursuant to an arrangement with the Department of Education and Learning (DEL).
A refugee learning English who has started a course of not more than 15 hours a week during their first year in Northern Ireland to obtain employment. This may last up to nine months.
A student from abroad on limited leave to remain in the United Kingdom on the condition that they do not have access to public funds.
Other persons who qualify may include persons who have to attend court or a tribunal as a justice of the peace, a party to proceedings, a witness, or a juror; a person affected by or returning to work following a trade dispute. A person returning to work is entitled to Income Support for the first 15 days; a person in custody on remand awaiting trial or sentence.
Such a person may only qualify for Income Support for their housing costs; a person not treated as in full-time work if she qualifies for mortgage interest run on; a person from abroad with limited leave to remain in the UK on the condition that they do not have recourse to public funds who is temporarily out of funds, for a period of six weeks.
Lone parents making a claim or currently receiving Income Support must take part in work-focused interviews. This does not apply to those who have a child under one. Where a person remains on Income Support, further interviews will take place every six months. Interviews may be required more regularly. Failure to attend, without good cause, will result in a benefit sanction. Lone parents are obliged to prepare and update a work action plan as part of their work-focused interview.
There are other schemes under which entitlement to Income Support is conditional on taking part in work-focused interviews. The scheme applies to a partner of a person claiming. A partner is required to take part in a work-focused interview as a condition of the person claiming, receiving the full amount of Income Support where: both the person and partner are over 18 and less than pension age; there is continuous entitlement to Income Support for at least 26 weeks; and the benefit is paid at a higher rate because of the partner.
A partner claiming Income Support, income-based Jobseeker’s Allowance, Incapacity Benefit, or Severe Disablement Allowance, is exempt.
A person may be obliged to take part in additional interviews at given points during the period of an award. Failure to attend without good cause can lead to a benefit sanction.