The Social Security Amendment (Lone Parents) Regulations 1998

• Citation: S.I. 1998/766
• Sections: 15

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Social Security Amendment (Lone Parents) Regulations 1998 and, subject to paragraph (2) of this regulation, shall come into force on 6th April 1998.

(2) To the extent that article 21(8) of the Up-rating Order (applicable amounts for housing benefit) comes into force on 6th April 1998, regulation 9 of these Regulations shall come into force immediately after that article of that Order.

(3) In these Regulations—

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“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 ;

“the Up-rating Order” means the Social Security Benefits Up-rating Order 1998 .

Section 2 Revocation

The Social Security (Lone Parents) (Amendment) Regulations 1997 are hereby revoked.

Section 3 Council tax benefit: students who are not excluded from entitlement

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Section 4 Council tax benefit: amendment of provisions relating to family premium

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Section 5 Council tax benefit: disregard of certain sums in the calculation of a lone parent’s earnings

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Section 6 Council tax benefit: conditions for an extended payment

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Section 7 Housing benefit: students who are treated as liable to make payments in respect of a dwelling

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Section 8 Housing benefit: exclusions from reductions in the amounts of eligible rent relating to students

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Section 9 Housing benefit: amendment of provisions relating to family premium

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Section 10 Housing benefit: disregard of certain sums in the calculation of a lone parent’s earnings

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Section 11 Housing benefit: conditions for an extended payment

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Section 12 Income support: amendment of provisions relating to family premium

Paragraph 3 of Schedule 2 to the Income Support Regulations (family premium) shall be renumbered sub-paragraph (1) of paragraph 3 and—

(a) in head (a) of the renumbered sub-paragraph (1), after the words “lone parent” there shall be inserted the words “ to whom the conditions in both sub-paragraphs (2) and (3) apply ” ;

(b) after sub-paragraph (1) there shall be inserted the following sub-paragraphs—

(2) The first condition for the purposes of sub-paragraph (1)(a) is that the claimant—

(a) was both a lone parent and entitled to income support on 5th April 1998; or

(b) does not come within head (a) above but—

(i) was both a lone parent and entitled to income support on any day during the period of 12 weeks ending on 5th April 1998;

(ii) was both a lone parent and entitled to income support on any day during the period of 12 weeks commencing on 6th April 1998; and

(iii) the last day in respect of which (i) above applied was no more than 12 weeks before the first day in respect of which (ii) above applied.

(3) The second condition for the purposes of sub-paragraph (1)(a) is that as from the appropriate date specified in sub-paragraph (4), the claimant has continued, subject to sub-paragraph (5), to be both a lone parent and entitled to income support.

(4) The appropriate date for the purposes of sub-paragraph (3) is—

(a) in a case to which sub-paragraph (2)(a) applies, 6th April 1998;

(b) in a case to which sub-paragraph (2)(b) applies, the first day in respect of which sub-paragraph (2)(b)(ii) applied.

(5) For the purposes of sub-paragraph (3), where the claimant has ceased, for any period of 12 weeks or less, to be—

(a) a lone parent; or

(b) entitled to income support; or

(c) both a lone parent and entitled to income support,

the claimant shall be treated, on again becoming both a lone parent and entitled to income support, as having continued to be both a lone parent and entitled to income support throughout that period.

(6) In determining whether the conditions in sub-paragraphs (2) and (3) apply, entitlement to an income-based jobseeker’s allowance shall be treated as entitlement to income support for the purposes of any requirement that a person is entitled to income support.

Section 13 Income support: disregard of certain sums in the calculation of a lone parent’s earnings

For paragraph 5 of Schedule 8 to the Income Support Regulations (disregard of certain sums in the calculation of a lone parent’s earnings) there shall be substituted the following paragraph—

(5) In a case where the claimant is a lone parent and paragraph 4 does not apply, £15.

Section 14 Jobseeker’s allowance: amendment of provisions relating to family premium

Paragraph 4 of Schedule 1 to the Jobseeker’s Allowance Regulations (family premium) shall be renumbered sub-paragraph (1) of paragraph 4 and—

(a) in head (a) of the renumbered sub-paragraph (1)—

(i) after the words “lone parent” there shall be inserted the words “ to whom the conditions in both sub-paragraphs (2) and (3) apply ” ;

(ii) the word “11,” shall be omitted;

(b) after sub-paragraph (1) there shall be inserted the following sub-paragraphs—

(2) The first condition for the purposes of sub-paragraph (1)(a) is that the claimant—

(a) was both a lone parent and entitled to an income-based jobseeker’s allowance on 5th April 1998; or

(b) does not come within head (a) above but—

(i) was both a lone parent and entitled to an income-based jobseeker’s allowance on any day during the period of 12 weeks ending on 5th April 1998;

(ii) was both a lone parent and entitled to an income-based jobseeker’s allowance on any day during the period of 12 weeks commencing on 6th April 1998; and

(iii) the last day in respect of which (i) above applied was no more than 12 weeks before the first day in respect of which (ii) above applied.

(3) The second condition for the purposes of sub-paragraph (1)(a) is that as from the appropriate date specified in sub-paragraph (4), the claimant has continued, subject to sub-paragraph (5), to be both a lone parent and entitled to an income-based jobseeker’s allowance.

(4) The appropriate date for the purposes of sub-paragraph (3) is—

(a) in a case to which sub-paragraph (2)(a) applies, 6th April 1998;

(b) in a case to which sub-paragraph (2)(b) applies, the first day in respect of which sub-paragraph 2(b)(ii) applied.

(5) For the purposes of sub-paragraph (3), where the claimant has ceased, for any period of 12 weeks or less, to be—

(a) a lone parent; or

(b) entitled to an income-based jobseeker’s allowance; or

(c) both a lone parent and entitled to an income-based jobseeker’s allowance,

the claimant shall be treated, on again becoming both a lone parent and entitled to an income-based jobseeker’s allowance, as having continued to be both a lone parent and entitled to an income-based jobseeker’s allowance throughout that period.

(6) In determining whether the conditions in sub-paragraphs (2) and (3) apply, entitlement to income support shall be treated as entitlement to an income-based jobseeker’s allowance for the purposes of any requirement that a person is entitled to an income-based jobseeker’s allowance.

Section 15 Jobseeker’s allowance: disregard of certain sums in the calculation of a lone parent’s earnings

For paragraph 6 of Schedule 6 to the Jobseeker’s Allowance Regulations (disregard of certain sums in the calculation of a lone parent’s earnings) there shall be substituted the following paragraph—

(6) In a case where the claimant is a lone parent and paragraph 5 does not apply, £15.