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The Social Security (Amendment) (Lone Parents) Regulations (Northern Ireland) 1998

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Amendment) (Lone Parents) Regulations (Northern Ireland) 1998 and, subject to paragraph 2, shall come into operation on 6th April 1998.

(2) To the extent that Regulation 4(c) of the Housing Benefit (General) (Amendment) Regulations (Northern Ireland) 1998(1) comes into operation on 6th April 1998, regulation 5 of these Regulations shall come into operation immediately after that regulation 4(c).

(3) In these Regulations—

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

“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987(3);

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(4);

“the Up-rating Order” means the Social Security Benefits Up-rating Order (Northern Ireland) 1998(5)

(4) The Interpretation Act (Northern Ireland) 1954(6) shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

Revocation

2.  The Social Security (Lone Parents) (Amendment) Regulations (Northern Ireland) 1997(7) are hereby revoked.

Housing benefit: students who are treated as liable to make payments in respect of a dwelling

3.  In regulation 48A(2) of the Housing Benefit Regulations(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.

Housing benefit: exclusions from reductions in the amounts of eligible rent relating to students

4.  In regulation 51(2)(c) of the Housing Benefit Regulations(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.

Housing benefit: amendment of provisions relating to family premium

5.  In Schedule 2 to the Housing Benefit Regulations (applicable amounts), paragraph 3(10) (family premium) shall be renumbered paragraph 3(1) and—

(a)in renumbered sub-paragraph (1)(a), for “and no premium is applicable under paragraph 9, 9A, 10 or 11” there shall be substituted “to whom paragraph (2) applies”;

(b)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 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) of this paragraph 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)where the claimant was entitled to income support or to an income-based jobseeker’s allowance on 5th April 1998, he has continued to be entitled to one or other of those benefits;

(d)where the claimant was not entitled to income support or to an income-based jobseeker’s allowance on 5th April 1998, he has not become entitled to either of those benefits; and

(e)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)..

Housing benefit: disregard of certain sums in the calculation of a lone parent’s earnings

6.  In Schedule 3 to the Housing Benefit Regulations 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 the case where the claimant is a lone parent, £25..

Housing benefit: conditions for an extended payment

7.  In Schedule 5A to the Housing Benefit Regulations(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”.

Income support: amendment of provisions relating to family premium

8.  In Schedule 2 to the Income Support Regulations (applicable amounts), paragraph 3(13) (family premium) shall be renumbered paragraph 3(1) and—

(a)in the renumbered sub-paragraph (1)(a) after “lone parent” there shall be inserted “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) 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 and including 6th April 1998, and

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

(3) The second condition for the purposes of sub-paragraph (1)(a) is that as from and including 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;

(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..

Income support: disregard of certain sums in the calculation of a lone parent’s earnings

9.  In Schedule 8 to the Income Support Regulations, for paragraph 5(14) (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 premium

10.  In Schedule 1 to the Jobseeker’s Allowance Regulations (applicable amounts), paragraph 4(15) (family premium) shall be renumbered paragraph 4(1) and—

(a)in the renumbered sub-paragraph (1)(a)—

(i)after “lone parent” there shall be inserted “to whom the conditions in both sub-paragraphs (2) and (3) apply”;

(ii)“11,” shall be omitted;

(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 an income-based jobseeker’s allowance on 5th April 1998, or

(b)does not come within head (a) but—

(i)was both a lone parent and entitled to an income-based jobseeker’s allowance on any day during the period of 12 weeks ending on 5th April 1998;

(ii)was both a lone parent and entitled to an income-based jobseeker’s allowance on any day during the period of 12 weeks commencing on and including 6th April 1998, and

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

(3) The second condition for the purposes of sub-paragraph (1)(a) is that as from and including 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 an income-based jobseeker’s allowance.

(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;

(b)entitled to an income-based jobseeker’s allowance, or

(c)both a lone parent and entitled to an income-based jobseeker’s allowance,

the claimant shall be treated, on again becoming both a lone parent and entitled to an income-based jobseeker’s allowance, as having continued to be both a lone parent and entitled to an income-based jobseeker’s allowance throughout that period.

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

Jobseeker’s allowance: disregard of certain sums in the calculation of a lone parent’s earnings

11.  In Schedule 5 to the Jobseeker’s Allowance Regulations, for paragraph 6(16) (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..

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

L.S.

John O'Neill

Assistant Secretary

18th March 1998.

The Department of the Environment hereby consents to regulations 2, 3, 4, 5, 6 and 7 of the foregoing Regulations.

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

L.S.

J. Ritchie

Assistant Secretary

18th March 1998.

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