The Social Security Amendment (Lone Parents) Regulations 1998

Made: 16th March 1998

Laid before Parliament: 18th March 1998

Coming into force: 6th April 1998

The Secretary of State for Social Security, in exercise of the powers conferred on her by sections 123(1)(a), (d) and (e), 130(2) and (4), 131(10), 135(1), 136(4) and (5)(b), 137(1) and (2)(i) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992 and sections 4(5), 12(2) and (4)(b), 35(1) and 36(1), (2) and (4) of the Jobseekers Act 1995 and of all other powers enabling her in that behalf, whereas, in respect of provisions in these Regulations relating to housing benefit and council tax benefit, it appears to the Secretary of State that by reason of the urgency of the matter, it is inexpedient to consult organisations appearing to her to be representative of the authorities concerned and whereas, it appears to the Secretary of State that by reason of the urgency of the matter, it is inexpedient to refer proposals in respect of these Regulations to the Social Security Advisory Committee hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (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.

Revocation

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

Council tax benefit: students who are not excluded from entitlement

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Council tax benefit: amendment of provisions relating to family premium

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

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Council tax benefit: conditions for an extended payment

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

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

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Housing benefit: amendment of provisions relating to family premium

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

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Housing benefit: conditions for an extended payment

11

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Income support: amendment of provisions relating to family premium

12

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.

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

13

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.

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

14

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.

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

15

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.

Signed

Signed by authority of the Secretary of State for Social Security.

Keith Bradley — Parliamentary Under-Secretary of State, — Department of Social Security — 1998-03-16

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1992 c. 4; sections 123, 131, 135 and 137 were amended to have effect with respect to council tax benefit by Schedule 9 to the Local Government Finance Act 1992 (c. 14), paras. 1(1), 4, 8 and 9; section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed”.

[^f00002]: 1995 c. 18; section 35(1) is an interpretation provision and is cited because of the meaning ascribed to the words “prescribed” and “regulations”.

[^f00003]: See section 176(1) and (2)(a) of the Social Security Administration Act 1992 (c. 5).

[^f00004]: See sections 170 and 173(1)(a) of the Social Security Administration Act 1992 (c. 5); paragraph 67 of Schedule 2 to the Jobseekers Act 1995 (c. 18) added that Act to the list of “relevant enactments” under which proposals in respect of regulations must normally be referred to the Committee.

[^f00005]: S.I. 1992/1814.

[^f00006]: S.I. 1987/1971.

[^f00007]: S.I. 1987/1967.

[^f00008]: S.I. 1996/207.

[^f00009]: S.I. 1998/470.

[^f00010]: S.I. 1997/1790.

[^f00011]: Regulation 40(3) was amended by S.I. 1995/626 and 1996/1803.

[^f00012]: Paragraph 3 was amended by S.I. 1996/1803.

[^f00013]: S.I. 1987/1971; the relevant amending instrument was S.I. 1990/546.

[^f00014]: S.I. 1987/1971; relevant amending instruments S.I. 1996/1803 and 1998/766.

[^f00015]: Paragraph 4 was amended by S.I. 1996/1803.

[^f00016]: Schedule 5A was inserted by S.I. 1996/194 and amended by S.I. 1996/1510 and 1803.

[^f00017]: Regulation 48A was inserted by S.I. 1990/1549 and amended by S.I. 1990/1657, 1991/235, 1992/432, 1995/626 and 1996/1510 and 1803.

[^f00018]: Regulation 51(2)(c) was amended by S.I. 1995/626 and 1996/1803.

[^f00019]: Paragraph 3 was amended by S.I. 1996/1803.

[^f00020]: S.I. 1992/1814; relevant amending instruments S.I. 1996/1803 and 1998/766.

[^f00021]: Paragraph 4 was substituted by S.I. 1990/1775 and amended by S.I. 1996/1803.

[^f00022]: Schedule 5A was inserted by S.I. 1996/194 and amended by S.I. 1996/1510 and 1803.

[^f00023]: Paragraph 3 was amended by S.I. 1988/1445 and 1996/1803.

[^f00024]: Paragraph 5 was amended by S.I. 1988/1445 and 1996/1803.

[^f00025]: Paragraph 4 was amended by S.I. 1996/1803.

[^f00026]: Paragraph 6 was amended by S.I. 1996/1803.

Editorial notes

[^c1669964]: 1992 c. 4; sections 123, 131, 135 and 137 were amended to have effect with respect to council tax benefit by Schedule 9 to the Local Government Finance Act 1992 (c. 14), paras. 1(1), 4, 8 and 9; section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed”.

[^c1669965]: 1995 c. 18; section 35(1) is an interpretation provision and is cited because of the meaning ascribed to the words “prescribed” and “regulations”.

[^c1669966]: See section 176(1) and (2)(a) of the Social Security Administration Act 1992 (c. 5).

[^c1669967]: See sections 170 and 173(1)(a) of the Social Security Administration Act 1992 (c. 5); paragraph 67 of Schedule 2 to the Jobseekers Act 1995 (c. 18) added that Act to the list of “relevant enactments” under which proposals in respect of regulations must normally be referred to the Committee.

[^c1669970]: S.I. 1987/1967.

[^c1669971]: S.I. 1996/207.

[^c1669972]: S.I. 1998/470.

[^c1669973]: S.I. 1997/1790.

[^c1669986]: Paragraph 3 was amended by S.I. 1988/1445 and 1996/1803.

[^c1669987]: Paragraph 5 was amended by S.I. 1988/1445 and 1996/1803.

[^c1669988]: Paragraph 4 was amended by S.I. 1996/1803.

[^c1669989]: Paragraph 6 was amended by S.I. 1996/1803.

[^key-bf733a2b45efe348cf7413857d55951b]: Regs. 3-11 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)

[^key-bdd74bb496eff7ace713b581e22ac8c9]: Words in reg. 1(3) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)