On top of Arsenal's defeat on the weekend, I am confused about the exclusion from the LCW test as per Reg 33(2) of main regs. It says you are excluded from the LCW test if you are not a 'qualifying young person' (QYP), and in education, and on DLA. Given that the definition of a QYP includes those in relevant education, the upshot of reg 33(2) seems to be that you don't have to face the LCW test if you are 'education' (defined in reg 14), and on DLA, as long as its not relevant education or you are covered by the QYP definition in other ways. Is that right?
However, Reg 15 seems to say that if you are in relevant education (as a QYP), you are to be treated as being in 'education', for the purposes of gaining IRESA whilst studying, as long as you are on DLA. So far then these Regs combine to say that if you are in relevant education, you are not exempted from the LCW test (as per Reg 33), but if you are in relevant education and do pass the LCW test, you can get IRESA, as long as you get DLA. Is that correct?
Then there is reg 16. My question is, who in reality is this aimed at? Seems to say if you are under 19 and not a QYP, you do not count as being in education, as long as the course is not advanced. This would appear to exclude those in relevant education (see above). So who do they mean? Do they mean full or part time students who are 18?
Lastly, what do you make of paras 39 and 40 of Memo DMG 30/08, which say...
“39 DMG 30716 gives guidance on circumstances where a young person is entitled to JSA(IB). From 27.10.08 a further category is added to the list.
“1.7 has limited capability for work (DMG 30761 - 30762)”
40 DMG guidance will be expanded as follows
“Young person has limited capability for work
30761 A young person is entitled to JSA(IB) if the young person has limited capability for work1. (1 WR Act 07, Part 1; JSA Regs, reg 61(1)(g))
30762 A young person who satisfies this condition is entitled to JSA(IB) for the period starting on the date of claim and ending on the earlier of1
1. the day before the young person’s 18th birthday or
2. the day before this condition is no longer satisfied.
(1 reg 61(2)(b))...”
Blimey, it looks like you can get IBJSA if you have LCW.
Nurse, the curtains!
Colleagues, sorry if I am massively missing the point or points in all this. Your thoughts would be most welcome.
Steve
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