Amendment of the Employment and Support Allowance Regulations 20085
1
The Employment and Support Allowance Regulations 200829 are amended as follows.
2
In regulation 2 (interpretation)30 —
a
in paragraph (1)—
i
omit the definition of “lone parent”; and
ii
in the definition of “single claimant”, after “lone parent” insert “or a person who has no partner and who is responsible for and a member of the same household as a young person”; and
b
after paragraph (5), insert—
6
Subject to paragraph (7), for the purposes of section 24(3A)(b) of the Act, a lone parent is to be treated as responsible for, and a member of the same household as, a person under the age of 16 only where the circumstances set out in regulation 156 apply.
7
For the purposes of sections 12 and 13 of the Act, and regulations made under those sections, a lone parent is to be treated as responsible for, and a member of the same household as a child only where the lone parent would be treated as responsible for and a member of the same household as such a child under regulations 15 and 16 of the Income Support (General) Regulations 198731, if references in those Regulations to income support were to employment and support allowance.
3
In regulation 54 (requirement to take part in a work-focused interview), in paragraph (2)—
a
at the end of subparagraph (c), omit “and”; and
b
at the end of subparagraph (d), insert—
; and
e
is not a lone parent who is responsible for and a member of the same household as a child under one.
4
In regulation 131(1) (students - interpretation)32, in the definition of “grant income”, after “lone parent” insert “, is a person who has no partner and who is responsible for and a member of the same household as a young person”.
5
In Schedule 4 (amounts)33—
a
in paragraph 1(2) of Part 1 (prescribed amounts), after “lone parent” insert “or a person who has no partner and who is responsible for and a member of the same household as a young person”; and
b
in paragraph 6(2)(a) of Part 2 (premiums), after “lone parent” insert “, a person who has no partner and who is responsible for and a member of the same household as a young person”.
6
In the second column in Part 1 of Schedule 5 (special cases)34—
a
in paragraphs 4 and 5, for “or a lone parent,” in each place substitute “, a lone parent or a person who has no partner and who is responsible for and a member of the same household as a young person”; and
b
in paragraphs 6 and 7, for “or, as the case may be, a lone parent”, substitute “, a lone parent, or as the case may be a person who has no partner and who is responsible for and a member of the same household as a young person”.
7
In paragraph 15 of Schedule 6 (housing costs)35—
a
in subparagraph (1)(d), for “(lone parents)”, substitute “(lone parents etc.)”; and
b
for subparagraph (10), substitute—
10
Subject to sub-paragraph (11), for the purposes of this Schedule, a claimant is to be treated as entitled to an income-related allowance throughout any period of not more than 39 weeks following the refusal of a claim for an income-related allowance made by or on behalf of the claimant, if the claimant is a person to whom sub-paragraph (8) applies and who is—
a
a lone parent;
b
a person who has no partner and who is responsible for and a members of the same household as a young person; or
c
a person who is described in paragraph 4 or 5 of Schedule 1B of the Income Support (General) Regulations (persons caring for another person).
8
In paragraph 5 of Schedule 9 (capital to be disregarded)36, for “a lone parent” substitute “a lone parent or a person who has no partner and who is responsible for and a member of the same household as a young person,”.