Amendment of the Employment and Support Allowance Regulations 2008
5.—(1) The Employment and Support Allowance Regulations 2008(1) are amended as follows.
(2) In regulation 2 (interpretation)(2) —
(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 1987(3), 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)(4), 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)(5)—
(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)(6)—
(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)(7)—
(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)(8), 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,”.
Regulation 2 has been amended but not in a way which is material to these Regulations.
Regulation 131 has been amended but not in a way which is material to these Regulations.
Schedule 4 has been amended but not in a way which is material to these Regulations.
Schedule 5 has been amended but not in a way which is material to these Regulations.
Schedule 6 has been amended but not in a way which is material to these Regulations.
Schedule 9 has been amended but not in a way which is material to these Regulations.