The Social Security (Lone Parents) (Amendment) Regulations 1997
Citation, commencement and interpretation1.
(1)
These Regulations may be cited as the Social Security (Lone Parents) (Amendment) Regulations 1997 and shall come into force on 6th April 1998.
(2)
In these Regulations—
Council tax benefit: students who are not excluded from entitlement2.
(a)
“(aa)
who is a lone parent;”;
(b)
in sub-paragraph (b)—
(i)
after the word “include” there shall be inserted the word “the”;
(ii)
the words “a family premium under paragraph 3(a) of Schedule 1,” shall be omitted.
Council tax benefit: amendment of provisions relating to family premium3.
(a)
“—
(1)”;
(b)
in head (a) of the renumbered sub-paragraph (1), for the words “and no premium is applicable under paragraph 9, 10, 11 or 12” there shall be substituted the words “to whom sub-paragraph (2) applies”;
(c)
“(2)
The amount in sub-paragraph (1)(a) shall be applicable to a lone parent—
(a)
who was entitled to council tax benefit 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 council tax benefit where that lone parent—
(i)
had been treated as entitled to that benefit in accordance with sub-paragraph (4) as at the day before the date of claim for that benefit; and
(ii)
was entitled to housing benefit as at the date of claim for council tax benefit or would have been entitled to housing benefit as at that date had that day not fallen during a rent free period as defined in regulation 70(1) of the Housing Benefit (General) Regulations 198711 (“the Housing Benefit Regulations”),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 council tax 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, 10, 11 or 12 has not become applicable to the claimant.
(4)
For the purposes of sub-paragraphs (2)(b)(i) and (3)(a), a claimant shall be treated as entitled to council tax benefit during any period where he was not, or had ceased to be, so entitled and—
(a)
throughout that period, he had been awarded housing benefit and his applicable amount included the amount applicable under paragraph 3(1)(a) of Schedule 2 to the Housing Benefit Regulations12; or(b)
he would have been awarded housing benefit during that period had that period not been a rent free period as defined in regulation 70(1) of the Housing Benefit Regulations and his applicable amount throughout that period would have included the amount applicable under paragraph 3(1)(a) of Schedule 2 to those Regulations.”.
Council tax benefit: disregard of certain sums in the calculation of a lone parent’s earnings4.
“4.
In a case where the claimant is a lone parent, £25.”.
Council tax benefit: conditions for an extended payment5.
(a)
“(ia)
the claimant was a lone parent; or”;
(b)
in head (ii)—
(i)
the words “pursuant to paragraph 3(a) (rate of family premium applicable to a lone parent) or,” shall be omitted;
(ii)
after the word “carers,” there shall be inserted the words “pursuant to paragraph”.
Housing benefit: students who are treated as liable to make payments in respect of a dwelling6.
(a)
“(aa)
who is a lone parent;”;
(b)
in sub-paragraph (b)—
(i)
after the word “include” there shall be inserted the word “the”;
(ii)
the words “a family premium under paragraph 3(a) of Schedule 2,” shall be omitted.
Housing benefit: exclusions from reductions in the amounts of eligible rent relating to students7.
(a)
in sub-paragraph (c)(i), the words “a family premium under paragraph 3(a) of Schedule 2 or” shall be omitted;
(b)
“(ia)
he is a lone parent; or”.
Housing benefit: amendment of provisions relating to family premium8.
(a)
“—
(1)”;
(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)
“(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) of this paragraph as in force on that date; or
(b)
who was not entitled to housing benefit on 5th April 1998 because that date fell during a rent free period as defined in regulation 70(1) (rent free periods) and his applicable amount on that date would have included the amount applicable under sub-paragraph (a) of this paragraph as in force on that date; or
(c)
on becoming entitled to housing benefit where that lone parent—
(i)
had been treated as entitled to that benefit in accordance with sub-paragraph (4)(a) as at the day before the date of claim for that benefit; and
(ii)
was entitled to council tax benefit as at the date of claim for housing benefit,
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 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-paragraphs (2)(c)(i) and (3)(a), a claimant shall be treated as entitled to housing benefit—
(a)
during any period where he was not, or had ceased to be, so entitled and throughout that period, he had been awarded council tax benefit and his applicable amount included the amount applicable under paragraph 3(1)(a) of Schedule 1 to the Council Tax Benefit (General) Regulations 199218;(b)
during any rent free period as defined for the purposes of regulation70(1).”.
Housing benefit: disregard of certain sums in the calculation of a lone parent’s earnings9.
“4.
In a case where the claimant is a lone parent, £25.”.
Housing benefit: conditions for an extended payment10.
(a)
“(ia)
the claimant was a lone parent; or”;
(b)
in head (ii)—
(i)
the words “pursuant to paragraph 3(a) (rate of family premium applicable to a lone parent) or,” shall be omitted;
(ii)
after the word “carers,” there shall be inserted the words “pursuant to”.
Income support: amendment of provisions relating to family premium11.
(a)
“—
(1)”;
(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)
“(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 199622 (“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 Regulations23,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.”.
Income support: disregard of certain sums in the calculation of a lone parent’s earnings12.
“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 premium13.
(a)
“—
(1)”;
(b)
in head (a) of the renumbered sub-paragraph (1), for the words “and no premium is applicable under paragraph 10, 11, 12 or 13” there shall be substituted the words “to whom sub-paragraph (2) applies”;
(c)
“(2)
The amount in sub-paragraph (1)(a) shall be applicable to a lone parent—
(a)
who was entitled to an income-based jobseeker’s allowance 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 an income-based jobseeker’s allowance where the claimant was entitled to income support on 5th April 1998 and that claimant’s applicable amount—
(i)
on that date, included the amount applicable under sub-paragraph (a) of paragraph 3 of Schedule 2 to the Income Support Regulations as in force on that date; and
(ii)
on the last day of that award, included the amount applicable under paragraph 3(1)(a) of Schedule 2 to the Income Support Regulations26,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 an income-based jobseeker’s allowance;
(b)
the claimant has not ceased to be a lone parent; and
(c)
a premium under paragraph 10, 11, 12 or 13 has not become applicable to the claimant.
(4)
For the purpose of sub-paragraph (3)(a), a claimant shall be treated as entitled to an income-based jobseeker’s allowance during the period of an award of income support, throughout which his applicable amount included the amount applicable under paragraph 3(1)(a) of Schedule 2 to the Income Support Regulations.”.
Jobseeker’s allowance: disregard of certain sums in the calculation of a lone parent’s earnings14.
“6.
In a case where the claimant is a lone parent and paragraph 5 does not apply, £15.”.
Signed by authority of the Secretary of State for Social Security.
These Regulations amend the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) and the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814).
In particular, these Regulations prescribe the circumstances in which the applicable amount of a claimant for council tax benefit, housing benefit, income support and income-based jobseeker’s allowance who is a lone parent, will include the lone parent rate of family premium (regulations 3, 8, 11 and 13).
These Regulations also make related amendments to those Regulations which—
disregard certain sums in the calculation of a lone parent’s earnings (regulations 4, 9, 12 and 14);
change the conditions of entitlement of lone parents to an extended payment of housing benefit and council tax benefit (regulations 5 and 10);
in council tax benefit, provide that students who are lone parents are not excluded from entitlement to that benefit (regulation 2) and in housing benefit, provide that students who are lone parents are treated as liable to make payments in respect of a dwelling (regulation 6) and that certain lone parents are excluded from reductions in eligible rent (regulation 7).
The Report of the Social Security Advisory Committee dated 13th March 1997 on the proposals referred to them in respect of these Regulations, together with a statement showing the extent to which these Regulations give effect to the Recommendations of the Committee, and in so far as they do not give effect to them, the reasons why not, are contained in Command Paper Cm 3713, published by The Stationery Office Ltd.
These Regulations do not impose a charge on business.