1997 No. 1790
The Social Security (Lone Parents) (Amendment) Regulations 1997
Made
Laid before Parliament
Coming into force
The Secretary of State for Social Security, in exercise of the powers conferred on her by sections 123(1)(a), (d) and (e), 130(2) and (4), 131(10), 135(1), 136(4), 137(1) and (2)(i) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 19921 and sections 4(5), 12(2), 35(1) and 36(1), (2) and (4) of the Jobseekers Act 19952 and of all other powers enabling her in that behalf, after consultation, in respect of provisions in these Regulations relating to housing benefit and council tax benefit, with organisations appearing to her to be representative of the authorities concerned3 and after reference to the Social Security Advisory Committee4, hereby makes the following Regulations:
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—
“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 19925;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 19876;
“the Income Support Regulations” means the Income Support (General) Regulations 19877;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 19968.
Council tax benefit: students who are not excluded from entitlement2
In regulation 40(3) of the Council Tax Benefit Regulations9 (students who are not excluded from entitlement to council tax benefit)—
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 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
In paragraph 3 of Schedule 1 to the Council Tax Benefit Regulations10 (family premium)—
a
after “3.” there shall be inserted
—
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
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 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
For paragraph 4 of Schedule 3 to the Council Tax Benefit Regulations13 (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.
Council tax benefit: conditions for an extended payment5
In paragraph 2(c) of Schedule 5A to the Council Tax Benefit Regulations14 (conditions for an extended payment of council tax 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
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
In regulation 48A(2) of the Housing Benefit Regulations15 (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 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
In regulation 51(2) of the Housing Benefit Regulations16 (exclusions from reductions in the amounts of eligible rent relating to students)—
a
in sub-paragraph (c)(i), the words “a family premium under paragraph 3(a) of Schedule 2 or” shall be omitted;
b
after sub-paragraph (c)(i) there shall be inserted the following head—
ia
he is a lone parent; or
Housing benefit: amendment of provisions relating to family premium8
In paragraph 3 of Schedule 2 to the Housing Benefit Regulations17 (family premium)—
a
after “3.” there shall be inserted
—
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
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) 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
For paragraph 4 of Schedule 3 to the Housing Benefit Regulations19 (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.
Housing benefit: conditions for an extended payment10
In paragraph 2(c) of Schedule 5A to the Housing Benefit Regulations20 (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
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
In paragraph 3 of Schedule 2 to the Income Support Regulations21 (family premium)—
a
after “3.” there shall be inserted
—
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
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 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
For paragraph 5 of Schedule 8 to the Income Support Regulations24 (disregard of certain sums in the calculation of a lone parent’s earnings) there shall be substituted the following paragraph—
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
In paragraph 4 of Schedule 1 to the Jobseeker’s Allowance Regulations25 (family premium)—
a
after “4.” there shall be inserted
—
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
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 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
For paragraph 6 of Schedule 6 to the Jobseeker’s Allowance Regulations27 (disregard of certain sums in the calculation of a lone parent’s earnings) there shall be substituted the following paragraph—
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.
(This note is not part of the Regulations)