I'm having another day of indecision and also lack clarity:
Client will be 19 in June. Was estranged from parents 2 years ago. Didn't know could have claimed IS. Has been supporting self by working long hours for well-known chicken fryer franchise. Now been offered 'Education to Employment' training by local training provider (not a college) through Connexions. Wants to retrain. Has to start E2E before 19. The course could have between 16 and 22 contact hrs/week for 22 weeks.
I thought that reg 13(2)(d)(i) of IS regs would mean they would qualify for IS, due to estrangement, but have a feeling that reference about 'relevant education' in reg 12 to the Child Benefit Act 1975 & Child Benefit (Gen) regs means that the work to date has effectively shafted this avenue. On the other hand reg 13 uses the phrase 'notwithstanding ....treated as receiving relevant education'.
Am I right to think that the client should qualify for IS?

I would say so. Then again... Reg.13 applies only if Reg.12 applies. Reg.12 applies if S.142 applies. S.142 refers on to the CHB (General) Regs, Regs 2-8 (Part 2). Reg.3 gives the education and training condition and your client qualifies under it, via the definition of 'approved training' in Reg.1, provided he starts before 19 (which ties in) and provided 'Education to Employment' should in fact be 'Entry to Empoyment' as specified in Reg.1. Nothing in the rest of Part 2 excludes him - in particular there appears to be nothing to prevent a person going from work back into education or training before their 19th birthday. Except that ...

... Reg.8 of the CHB(G) Regs completes a truly Kafkaish circle. It says a person must not be in receipt of income support. By Reg.2(4) CHB(G) Regs a person who falls foul of Reg.8 by receiving Income Support cannot be a qualifying young person. Therefore they cannot satisfy Reg.12 of the IS Regs. Therefore Reg.13 cannot be satisfied and they cannot be entitled to the Income Support they are receiving. Impressive.

The only escape seems to be via the heading to Reg.8 CHB(G) Regs: 'CHB not payable in respect of a qualifying young person: other financial support' This makes sense of it but isn't strictly part of the Reg, I understand.

However this is such obvious nonsense I would ignore it and just claim the IS.

Richard Atkinson