The Social Security (Lone Parents) (Amendment) Regulations (Northern Ireland) 1997

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Lone Parents) (Amendment) Regulations (Northern Ireland) 1997 and shall come into operation on 6th April 1998.

(2) In these Regulations—

“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987(1);

“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations (Northern Ireland) 1987(2);

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(3).

(3) The Interpretation Act (Northern Ireland) 1954(4) shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

Amendment of the Income Support Regulations

2.—(1) The Income Support Regulations shall be amended in accordance with paragraphs (2) to (4).

(2) In regulation 2(1) (interpretation) after the definition of “invalid carriage or other vehicle” there shall be inserted the following definition—

““the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996;”.

(3) In Schedule 2 (applicable amounts), in paragraph 3(5) (family premium)—

(a) after “3.” there shall be inserted “—(1)”;

(b) in the 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 income support 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) 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 paragraph 4(a) of Schedule 1 to the Jobseeker’s Allowance Regulations as in operation 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 Regulations(6),

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 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.”.

(4) In Schedule 8 for paragraph 5(7) (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.”.

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)(8) (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)(9) (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(10) (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(11) (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(12), 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”.

Amendment of the Jobseeker’s Allowance Regulations

4.—(1) The Jobseeker’s Allowance Regulations shall be amended in accordance with paragraphs (2) and (3).

(2) In Schedule 1 (applicable amounts), in paragraph 4(13) (family premium)—

(a) after “4.” there shall be inserted “—(1)”;

(b) in re-numbered sub-paragraph (1)(a) for “and no premium is applicable under paragraph 10, 11, 12 or 13” 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 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) as in operation 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 paragraph 3(a) of Schedule 2 to the Income Support Regulations as in operation 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 Regulations(14),

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 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.”.

(3) In Schedule 5 for paragraph 6(15) (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.”.

Revocations

5.  The regulations specified in Column (1) of the Schedule are revoked to the extent mentioned in Column (3).

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on

L.S.

John O'Neill

Assistant Secretary

30th July 1997.

The Department of the Environment hereby consents to regulation 3 of the foregoing Regulations.

Sealed with the Official Seal of the Department of the Environment for Northern Ireland on

L.S.

R. E. Aiken

Assistant Secretary

30th July 1997.