The Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2012

Regulation 1(3)

SCHEDULE Special Commencement Provisions for Certain Existing Claimants

Application and interpretation

1.—(1) A lone parent falls within this Schedule if—

(a) the lone parent has attained the age of 18;

(b) the lone parent was entitled to income support on grounds of falling within paragraph 1 (lone parents) of Schedule 1B (prescribed categories of person) to the Income Support Regulations immediately before the commencement day;

(c) no other paragraph of Schedule 1B applies to the lone parent: and

(d) on the commencement day, the lone parent is responsible for and a member of the same household as—

(i) a single child who is aged 5 or 6 or who will attain the age of 5 before 19th November 2012; or

(ii) more than one child where the youngest child is aged 5 or 6 or will attain the age of 5 before 19th November 2012.

(2) A lone parent does not fall within this Schedule if on or after the commencement day—

(a) the lone parent makes a further claim for income support; or

(b) regulation 7 applies to the lone parent.

(3) In this Schedule—

“benefit week” has the same meaning as in regulation 2(1) of the Income Support Regulations(1);

“child” means a person aged under 16;

“child tax credit” means a child tax credit under section 8 of the Tax Credits Act 2002(2);

“commencement day” means 21st May 2012;

“voluntary interview appointment” means an appointment for a lone parent who falls within this Schedule to attend an interview voluntarily for the purpose of discussing the changes to income support entitlement for lone parents which are made by these Regulations; and

“work-focused interview” means a work-focused interview conducted in accordance with regulations made under section 2A(1) of the Social Security Administration Act 1992(3).

Lone Parent responsible for a child who has attained the age of 6 before 21st May 2012

2.—(1) This paragraph applies to lone parent who falls within this Schedule if, before the commencement day, the lone parent is responsible for and a member of the same household as—

(a) a single child who has attained the age of 6; or

(b) more than one child, the youngest of whom has attained the age of 6.

(2) Subject to paragraphs 6 and 7, regulations 2, 4 and 5 come into force in relation to a lone parent to whom this paragraph applies on the first day of the benefit week in which a requirement to take part in a work-focused interview would, apart from these Regulations, next have arisen in relation to the lone parent on or after 21st May 2012.

Lone parent responsible for a child who will attain the age of 6 after 20th May 2012 and before 20th August 2012

3.—(1) This paragraph applies to a lone parent who falls within this Schedule if, on the commencement day, the lone parent is responsible for and a member of the same household as—

(a) a single child who will attain the age of 6 after 20th May 2012 and before 20th August 2012; or

(b) more than one child, the youngest of whom will attain the age of 6 after 20th May 2012 and before 20th August 2012.

(2) Subject to paragraphs 6 and 7, regulations 2, 4 and 5 come into force in relation to a lone parent to whom this paragraph applies at the end of the last day of the benefit week in which the child in question attains the age of 6.

Lone Parent responsible for a child who attained the age of 5 after 19th August 2011 or will attain the age of 5 before 20th August 2012

4.—(1) This paragraph applies to a lone parent who falls within this Schedule if, on the commencement date, the lone parent is responsible for and a member of the same household as—

(a) a single child who attained the age of 5 after 19th August 2011 or will attain the age of 5 before 20th August 2012; or

(b) more than one child, the youngest of whom attained the age of 5 after 19th August 2011 or will attain the age of 5 before 20th August 2012.

(2) Subject to paragraphs 6 and 7, regulations 2, 4 and 5 come into force in relation to a lone parent to whom this paragraph applies on the first day of the first benefit week in which a requirement to take part in a work-focused interview would, apart from these Regulations, next have arisen in relation to the lone parent on or after 20th August 2012.

Lone Parent responsible for child who will attain the age of 5 after 19th August 2012 and before 19th November 2012

5.—(1) This paragraph applies to a lone parent who falls within this Schedule if, on the commencement day, the lone parent is responsible for and a member of the same household as—

(a) a single child who will attain the age of 5 after 19th August 2012 and before 19th November 2012; or

(b) more than one child, the youngest of whom will attain the age of 5 after 19th August 2012 and before 19th November 2012.

(2) Subject to paragraphs 6 and 7, regulations 2, 4 and 5 come into force in relation to a lone parent to whom this paragraph applies at the end of the last day of the benefit week in which the child in question attains the age of 5.

Circumstances where the Secretary of State is not satisfied that a decision has been made in relation to the lone parent’s claim for child tax credit at the time of the voluntary interview appointment

6.—(1) Where subparagraph (2) applies, regulation 2 comes into force in relation to a lone parent at the end of the period of 4 weeks beginning with the day mentioned in sub-paragraph (2) of paragraphs 2, 3, 4 or 5, as would be applicable to the lone parent apart from this paragraph (“the relevant day”).

(2) This paragraph applies where—

(a) a lone parent to whom this Schedule applies has been invited in writing by the Secretary of State to attend a voluntary interview appointment on a date during the two month period before the relevant day;

(b) at the time of the voluntary interview appointment, the lone parent has claimed, or is treated as having made a claim for, child tax credit; and

(c) the Secretary of State is not satisfied that a decision has been made in relation to that claim at the time of the voluntary interview appointment.

Lone parents not invited to a voluntary interview during the two month period before the relevant day

7.  Where a lone parent to whom this Schedule applies has not been invited in writing, before the day mentioned in sub-paragraph (2) of paragraphs 2, 3, 4 or 5, as would be applicable to the lone parent apart from this paragraph (“the relevant day”), to attend a voluntary interview appointment regulations 2, 4 and 5 come into force in relation to the lone parent at the end of a period of 6 weeks beginning with the date on which the Secretary of State invites the lone parent in writing to attend a voluntary interview appointment.

(1)

The definition of “benefit week” in regulation 2(1) was amended by S.I. 1988/1445.

(2)

2002. c.21.

(3)

Section 2A(1)(a) was amended by the Welfare Reform Act 2009 (c.24), section 35(1) and (2)(a).