Income support: amendment of provisions relating to family premium12

Paragraph 3 of Schedule 2 to the Income Support Regulations M1 (family premium) shall be renumbered sub-paragraph (1) of paragraph 3 and—

a

in head (a) of the renumbered sub-paragraph (1), after the words “lone parent” there shall be inserted the words “ to whom the conditions in both sub-paragraphs (2) and (3) apply ”;

b

after sub-paragraph (1) there shall be inserted the following sub-paragraphs—

2

The first condition for the purposes of sub-paragraph (1)(a) is that the claimant—

a

was both a lone parent and entitled to income support on 5th April 1998; or

b

does not come within head (a) above but—

i

was both a lone parent and entitled to income support on any day during the period of 12 weeks ending on 5th April 1998;

ii

was both a lone parent and entitled to income support on any day during the period of 12 weeks commencing on 6th April 1998; and

iii

the last day in respect of which (i) above applied was no more than 12 weeks before the first day in respect of which (ii) above applied.

3

The second condition for the purposes of sub-paragraph (1)(a) is that as from the appropriate date specified in sub-paragraph (4), the claimant has continued, subject to sub-paragraph (5), to be both a lone parent and entitled to income support.

4

The appropriate date for the purposes of sub-paragraph (3) is—

a

in a case to which sub-paragraph (2)(a) applies, 6th April 1998;

b

in a case to which sub-paragraph (2)(b) applies, the first day in respect of which sub-paragraph (2)(b)(ii) applied.

5

For the purposes of sub-paragraph (3), where the claimant has ceased, for any period of 12 weeks or less, to be—

a

a lone parent; or

b

entitled to income support; or

c

both a lone parent and entitled to income support,

the claimant shall be treated, on again becoming both a lone parent and entitled to income support, as having continued to be both a lone parent and entitled to income support throughout that period.

6

In determining whether the conditions in sub-paragraphs (2) and (3) apply, entitlement to an income-based jobseeker’s allowance shall be treated as entitlement to income support for the purposes of any requirement that a person is entitled to income support.