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.