The Social Security (Work-focused Interviews for Lone Parents and Partners) (Amendment) Regulations (Northern Ireland) 2011

Amendment of the Employment and Support Allowance Regulations

5.—(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008(1) are amended in accordance with paragraphs (2) to (8).

(2) In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) omit the definition of “lone parent”, and

(ii) in the definition of “single claimant” after “lone parent” insert “or a person who has no partner and who is responsible for and a member of the same household as a young person”; and

(b) after paragraph (5) add—

“(6) Subject to paragraph (7), for the purposes of section 24(3A)(b) of the Act, a lone parent is to be treated as responsible for, and a member of the same household as, a person under the age of 16 only where the circumstances set out in regulation 156 apply.

(7) For the purposes of sections 12 and 13 of the Act, and regulations made under those sections, a lone parent is to be treated as responsible for, and a member of the same household as a child only where the lone parent would be treated as responsible for and a member of the same household as such a child under regulations 15 and 16 of the Income Support Regulations, if references in those Regulations to income support were to employment and support allowance.”.

(3) In regulation 54(2) (requirement to take part in a work-focused interview)—

(a) at the end of sub-paragraph (c) omit “and”; and

(b) at the end of sub-paragraph (d) insert—

“; and

(e) is not a lone parent who is responsible for and a member of the same household as a child under one.”.

(4) In regulation 131(1) (interpretation) in the definition of “grant income” after “lone parent” insert “, is a person who has no partner and who is responsible for and a member of the same household as a young person”.

(5) In Schedule 4 (amounts)—

(a) in paragraph 1(2) of Part 1 (prescribed amounts) after “lone parent” insert “or a person who has no partner and who is responsible for and a member of the same household as a young person”; and

(b) in paragraph 6(2)(a)(2) of Part 2 (premiums) after “lone parent” insert “, a person who has no partner and who is responsible for and a member of the same household as a young person,”.

(6) In Schedule 5 (special cases) in the second column in Part 1 (amounts prescribed for the purposes of section 4(2) of the Act)—

(a) in paragraphs 4 and 5 for “or a lone parent,” in each place where it occurs substitute “, a lone parent or a person who has no partner and who is responsible for and a member of the same household as a young person”;

(b) in paragraph 6 for “or, as the case may be, lone parent” substitute “, a lone parent, or as the case may be a person who has no partner and who is responsible for and a member of the same household as a young person”; and

(c) in paragraph 7 for “or, as the case may be, a lone parent” substitute “, a lone parent, or as the case may be a person who has no partner and who is responsible for and a member of the same household as a young person”.

(7) In Schedule 6 (housing costs) in paragraph 15 (linking rules) for sub-paragraph (10) substitute—

“(10) Subject to sub-paragraph (11), for the purposes of this Schedule, a claimant is to be treated as entitled to an income-related allowance throughout any period of not more than 39 weeks following the refusal of a claim for an income-related allowance made by or on behalf of the claimant, if the claimant is a person to whom sub-paragraph (8) applies and who is—

(a) a lone parent;

(b) a person who has no partner and who is responsible for and a member of the same household as a young person; or

(c) a person who is described in paragraph 4 or 5 of Schedule 1B of the Income Support Regulations (persons caring for another person).”.

(8) In Schedule 9 (capital to be disregarded) in paragraph 5 for “a lone parent,” substitute “a lone parent or a person who has no partner and who is responsible for and a member of the same household as a young person,”.

(1)

S.R. 2008 No. 280; relevant amending Regulations are S.R. 2011 No. 357

(2)

Paragraph 6(2)(a) was amended by regulation 21(14) of S.R. 2011 No. 357