Housing benefit: amendment of provisions relating to family premium
5. In Schedule 2 to the Housing Benefit Regulations (applicable amounts), paragraph 3(1) (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).”.
Paragraph 3 was amended by regulation 6(a) of S.R. 1997 No. 4