Social Welfare Consolidation Act 2005 section 298

Qualified adult (administrative schemes)

Section 298 restricts who can be treated as a qualified adult for the purposes of nine specified ministerial schemes, and limits the circumstances in which entitlements under those schemes can arise by reference to household composition.

  • A person can only be a qualified adult for a listed scheme if they are the claimant's spouse, civil partner or cohabitant as defined by the Act.
  • Entitlement to an allowance, or to an increase in its amount, based on the status or living arrangements of two or more people residing together can only arise in the circumstances expressly set out in the scheme itself.
  • The section applies to nine named schemes including Free Travel, National Fuel, Back to Education Allowance, Back to Work allowances, Back to School Clothing and Footwear Allowance, the Smokeless Fuels Allowance and the Household Benefits Package.
  • Each scheme applies in the terms in effect on 1 April 2004.

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