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11. In paragraph 3 of Schedule 2 to the Income Support Regulations(1) (family premium)—
(a)after “3.” there shall be inserted
“—
(b)in head (a) of the renumbered sub-paragraph (1), for the words “and no premium is applicable under paragraph 9, 9A, 10 or 11” there shall be substituted the words “to whom sub-paragraph (2) applies”;
(c)after sub-paragraph (1) there shall be inserted the following sub-paragraphs—
“(2) The amount in sub-paragraph (1)(a) shall be applicable to a lone parent—
(a)who was entitled to income support on 5th April 1998 and whose applicable amount on that date included the amount applicable under sub-paragraph (a) of this paragraph as in force on that date; or
(b)on becoming entitled to income support where the claimant was entitled to an income-based jobseeker’s allowance on 5th April 1998 and that claimant’s applicable amount—
(i)on that date included the amount applicable under sub-paragraph (a) of paragraph 4 of Schedule 1 to the Jobseeker’s Allowance Regulations 1996(2) (“the Jobseeker’s Allowance Regulations”) as in force on that date; and
(ii)on the last day of that award, included the amount applicable under paragraph 4(1)(a) of Schedule 1 to the Jobseeker’s Allowance Regulations(3),
and in respect of whom, all of the conditions specified in sub-paragraph (3) have continued to apply.
(3) The conditions specified for the purposes of sub-paragraph (2) are that, in respect of the period commencing on 6th April 1998—
(a)the claimant has not ceased to be entitled, or has not ceased to be treated as entitled, to income support;
(b)the claimant has not ceased to be a lone parent; and
(c)a premium under paragraph 9, 9A, 10 or 11 has not become applicable to that claimant.
(4) For the purpose of sub-paragraph (3)(a), a claimant shall be treated as entitled to income support during the period of an award of an income-based jobseeker’s allowance, throughout which his applicable amount included the amount applicable under paragraph 4(1)(a) of Schedule 1 to the Jobseeker’s Allowance Regulations.”.
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