Amendment of the Housing Benefit Regulations
3.—(1) The Housing Benefit Regulations shall be amended in accordance with paragraphs (2) to (6).
(2) In regulation 48A(2)(1) (students who are treated as liable to make payments in respect of a dwelling)—
(a)after sub-paragraph (a) there shall be inserted the following sub-paragraph—
“(aa)who is a lone parent;”;
(b)in sub-paragraph (b)—
(i)after “include” there shall be inserted “the”;
(ii)“a family premium under paragraph 3(a) of Schedule 2 (applicable amounts),” shall be omitted.
(3) In regulation 51(2)(c)(2) (exclusions from reductions in the amounts of eligible rent relating to students)—
(a)in head (i) “a family premium under paragraph 3(a) of Schedule 2 or” shall be omitted;
(b)after head (i) there shall be inserted the following head—
“(ia)he is a lone parent, or”.
(4) In Schedule 2, in paragraph 3(3) (family premium)—
(a)after “3.” there shall be inserted “—(1)”;
(b)in re-numbered sub-paragraph (1)(a) for “and no premium is applicable under paragraph 9, 9A, 10 or 11” there shall be substituted “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 housing benefit on 5th April 1998 and whose applicable amount on that date included the amount applicable under sub-paragraph (a) as in operation on that date; or
(b)who was not entitled to housing benefit on 5th April 1998 because that date fell during a rent and rate-free period as defined in regulation 70(1) (rent and rate-free periods) and his applicable amount on that date would have included the amount applicable under sub-paragraph (a) as in operation on that date,
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 and including 6th April 1998—
(a)the claimant has not ceased to be entitled, or has not ceased to be treated as entitled, to housing benefit;
(b)the claimant has not ceased to be a lone parent;
(c)the claimant has not become entitled to either income support or to an income-based jobseeker’s allowance, and
(d)a premium under paragraph 9, 9A, 10 or 11 has not become applicable to the claimant.
(4) For the purposes of sub-paragraph (3)(a), a claimant shall be treated as entitled to housing benefit during any rent and rate-free period as defined for the purposes of regulation 70(1).”.
(5) In Schedule 3 for paragraph 4(4) (disregard of certain sums in the calculation of a lone parent’s earnings) there shall be substituted the following paragraph—
“4. In a case where the claimant is a lone parent, £25.”.
(6) In Schedule 5A(5), in paragraph 2(c) (conditions for an extended payment of housing benefit)—
(a)after head (i) there shall be inserted the following head—
“(ia)the claimant was a lone parent, or”;
(b)in head (ii)—
(i)“pursuant to paragraph 3(a) (rate of family premium applicable to a lone parent) or,” shall be omitted;
(ii)after “carers,” there shall be inserted “pursuant to”.
Regulation 48A was inserted by S.R. 1990 No. 297 and amended by S.R. 1990 No. 305, S.R. 1991 No. 47, S.R. 1992 No. 549, S.R. 1994 No. 65, S.R. 1995 No. 129, S.R. 1996 No. 334 and S.R. 1997 No. 4
Paragraph 2 was amended by regulation 7(a) of S.R. 1995 No. 129 and regulation 5 of S.R. 1997 No. 4
Paragraph 3 was amended by regulation 6(a) of S.R. 1997 No. 4
Paragraph 4 was substituted by regulation 10 of S.R. 1990 No. 345 and amended by regulation 7 of S.R. 1997 No. 4
Schedule 5A was inserted by regulation 6 of S.R. 1996 No. 115 and amended by regulation 22 of S.R. 1996 No. 334 and regulation 9 of S.R. 1997 No. 4