Capital disregards

I have spotted a potentially significant differnce in capital disregards between ESA & IS.

Sched 10 para 25 IS regs asks that the estranged partner of a claimant with whom teh claimant jointly owns premises in which they are not resident be a “lone parent” for the disregard to apply indefinitely.

However Sched 9 para 5 ESA regs asks that the resident be a lone parent or responsible for and a member of the same household of a young person.

Does anybody know whether “young person” has been discussed by the UT? I have a case where that might be material however there’s no mention of the difference in the commentary.

TIA

Reg.2(1) ESA Regs has ”“young person” is a person who, except where section 6 of the Children (Leaving Care) Act 2000(61) (exclusion from benefits) applies, falls within the definition of qualifying young person in section 142 of the Contributions and Benefits Act (child and qualifying young person). “ if that’s any help?

I think that what happened was that the definition of “lone parent” in regulation 2 of the ESA regulations was removed, and a definition then placed (by section 3(5) of the Welfare Reform Act 2009) in section 24 of the Welfare Reform Act 2007. That definition limits the definition of “lone parent” to someone who is a member of the same house as, and who is responsible for, a person under the age of 16. The definition of lone parent in the IS General Regs is broader, as it covers those responsible for a child (defined as under 16) or young person (defined as falling within the definition of qualifying person in Section 142 of the SS Contributions and benefits Act).

Presumably the added wording in para 5 Schedule 9 addresses any anomaly there would have been otherwise between disregards for the two schemes in the same situation