2012 No. 874
The Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2012
Made
Laid before Parliament
Coming into force
The Secretary of State for Work and Pensions makes the following regulations, in exercise of the powers conferred by—
sections 2A(1), 189(1), (4) and (5) and 191 of the Social Security Administration Act 19921,
sections 123(1), 124(1)(e), 137(1) and 175(1) and (3) to (5) of the Social Security Contributions and Benefits Act 19922,
sections 6(4), 7(4) 35(1) and 36(2) of the Jobseekers Act 19953;
section 2(4)(a), 4(6)(a) and 24(1) of the Welfare Reform Act 20074.
In accordance with section 173(1)(b) of the Social Security Administration Act 1992, the Secretary of State has obtained the agreement of the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2012.
2
These Regulations come into force on 21st May 2012.
3
Paragraph (2) is subject to the provisions in the Schedule.
4
In these Regulations—
“the Income Support Regulations” means the Income Support (General) Regulations 19875;
“the Lone Parents Regulations” means the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 20006;
“the Jobcentre Plus Regulations” means the Social Security (Jobcentre Plus Interviews) Regulations 20027; and
“lone parent” has the same meaning as in regulation 2(1) of the Income Support Regulations.
Amendment of the Income Support Regulations2
1
Schedule 1B (prescribed categories of person)8 to the Income Support Regulations is amended as follows.
2
For paragraph 1, substitute—
Lone Parents1
1
A lone parent who is responsible for, and a member of the same household as—
a
a single child aged under 5, or
b
more than one child where the youngest is aged under 5.
2
A lone parent who is under the age of 18.
Amendment of the Jobseeker’s Allowance Regulations 19963
1
The Jobseeker’s Allowance Regulations 19969 are amended as follows.
2
After regulation 17A (further circumstances in which a person is to be treated as available: full-time students participating in a qualifying course)10, insert—
Further circumstances in which a person is to be treated as available: lone parents with children aged 5 not in full-time education17B
A lone parent shall be treated as available for employment in any week where—
a
the lone parent is responsible for, and a member of the same household as, a child who is aged 5;
b
the child—
i
is nor receiving full-time education by regular attendance at school or otherwise; and
ii
is not required by law to receive full-time education; and
c
it would be unreasonable for the lone parent to make other arrangements for the care of that child.
3
After regulation 21A (further circumstances in which a qualifying person is to be treated as actively seeking employment; full-time students participating in a qualifying course)11, insert—
Further circumstances in which a person is to be treated as actively seeking employment: lone parents with children aged 5 not in full-time education21B
A lone parent who is treated for any period as being available for employment under regulation 17B shall be treated as actively seeking employment for the same period
Amendment of the Lone Parents Regulations4
1
The Lone Parents Regulations are amended as follows.
2
In regulation 2ZA(1)(c) (requirement for certain lone parents to take part in an interview)12, for “4,5 or 6” in both places, substitute “4”.
Amendment of the Jobcentre Plus Regulations5
1
The Jobcentre Plus Regulations are amended as follows.
2
In regulation 4A(1)(c) (requirement for certain lone parents to take part in an interview)13, for “4,5 or 6” in both places, substitute “4”.
Amendment of the Employment and Support Allowance Regulations 20086
1
The Employment and Support Allowance Regulations 200814 are amended as follows.
Savings and transitional provisions applicable to certain lone parents following a full-time course7
1
This regulation applies to a lone parent if the following conditions are met.
2
The first condition is that—
a
immediately before the specified day the lone parent was entitled to income support and fell within paragraph 1 (lone parents) of Schedule 1B (prescribed categories of person) to the Income Support Regulations;
b
no other paragraph of Schedule 1B applies to the lone parent; and
c
on and after the specified day, the lone parent is responsible for and a member of the same household as—
i
a single child aged 5 or over, or
ii
more than one child where the youngest child is aged 5 or over.
3
The second condition is that immediately before the specified day, and on and after that day, the lone parent is also—
a
a full-time student attending or undertaking a full-time course of advanced education, a full-time course of study or a sandwich course, or
b
following a full-time course of training or instruction provided pursuant to arrangements made by the Secretary of State or pursuant to a scheme which has been approved by the Secretary of State as supporting the objectives set out in section 2 of the Employment and Training Act 197317.
4
This regulation does not apply, or (as the case may be) it ceases to apply, to a lone parent if the lone parent makes a further claim for income support on or after the specified day.
5
Where this regulation applies to a lone parent—
a
paragraph 1 of Schedule 1B to the Income Support Regulations as in force in relation to the lone parent at the beginning of the period of study referred to in paragraph (3)(a) shall continue to have effect in relation to the lone parent for so long as the lone parent remains a full-time student;
b
paragraph 1 of Schedule 1B to the Income Support Regulations as in force at the beginning of the particular course of training or instruction referred to in paragraph (3)(b) shall continue to have effect in relation to the lone parent for so long as the lone parent is following that full-time course; and
c
any requirement to take part in a work-focused interview every 13 weeks in accordance with regulation 2ZA of the Lone Parents Regulations or regulation 4A of the Jobcentre Plus Regulations shall continue to apply in relation to the lone parent at a time when, apart form this paragraph, the requirement would cease to apply because the lone parent’s child’s or youngest child’s, age exceeds the age specified in those regulations.
6
For the purposes of this regulation—
“full-time course of advanced education”, “full-time course of study” and “sandwich course” have the same meaning as in regulation 61 of the Income Support Regulations;
“full-time student” and “period of study” have the same meaning as in regulation 2(1) of the Income Support Regulations;
“specified day” means 21st May 2012.
Signed by authority of the Secretary of State for Work and Pensions
SCHEDULESpecial Commencement Provisions for Certain Existing Claimants
Application and interpretation
1
1
A lone parent falls within this Schedule if—
a
the lone parent has attained the age of 18;
b
the lone parent was entitled to income support on grounds of falling within paragraph 1 (lone parents) of Schedule 1B (prescribed categories of person) to the Income Support Regulations immediately before the commencement day;
c
no other paragraph of Schedule 1B applies to the lone parent: and
d
on the commencement day, the lone parent is responsible for and a member of the same household as—
i
a single child who is aged 5 or 6 or who will attain the age of 5 before 19th November 2012; or
ii
more than one child where the youngest child is aged 5 or 6 or will attain the age of 5 before 19th November 2012.
2
A lone parent does not fall within this Schedule if on or after the commencement day—
a
the lone parent makes a further claim for income support; or
b
regulation 7 applies to the lone parent.
3
In this Schedule—
“benefit week” has the same meaning as in regulation 2(1) of the Income Support Regulations18;
“child” means a person aged under 16;
“child tax credit” means a child tax credit under section 8 of the Tax Credits Act 200219;
“commencement day” means 21st May 2012;
“voluntary interview appointment” means an appointment for a lone parent who falls within this Schedule to attend an interview voluntarily for the purpose of discussing the changes to income support entitlement for lone parents which are made by these Regulations; and
“work-focused interview” means a work-focused interview conducted in accordance with regulations made under section 2A(1) of the Social Security Administration Act 199220.
Lone Parent responsible for a child who has attained the age of 6 before 21st May 2012
2
1
This paragraph applies to lone parent who falls within this Schedule if, before the commencement day, the lone parent is responsible for and a member of the same household as—
a
a single child who has attained the age of 6; or
b
more than one child, the youngest of whom has attained the age of 6.
2
Subject to paragraphs 6 and 7, regulations 2, 4 and 5 come into force in relation to a lone parent to whom this paragraph applies on the first day of the benefit week in which a requirement to take part in a work-focused interview would, apart from these Regulations, next have arisen in relation to the lone parent on or after 21st May 2012.
Lone parent responsible for a child who will attain the age of 6 after 20th May 2012 and before 20th August 2012
3
1
This paragraph applies to a lone parent who falls within this Schedule if, on the commencement day, the lone parent is responsible for and a member of the same household as—
a
a single child who will attain the age of 6 after 20th May 2012 and before 20th August 2012; or
b
more than one child, the youngest of whom will attain the age of 6 after 20th May 2012 and before 20th August 2012.
2
Subject to paragraphs 6 and 7, regulations 2, 4 and 5 come into force in relation to a lone parent to whom this paragraph applies at the end of the last day of the benefit week in which the child in question attains the age of 6.
Lone Parent responsible for a child who attained the age of 5 after 19th August 2011 or will attain the age of 5 before 20th August 2012
4
1
This paragraph applies to a lone parent who falls within this Schedule if, on the commencement date, the lone parent is responsible for and a member of the same household as—
a
a single child who attained the age of 5 after 19th August 2011 or will attain the age of 5 before 20th August 2012; or
b
more than one child, the youngest of whom attained the age of 5 after 19th August 2011 or will attain the age of 5 before 20th August 2012.
2
Subject to paragraphs 6 and 7, regulations 2, 4 and 5 come into force in relation to a lone parent to whom this paragraph applies on the first day of the first benefit week in which a requirement to take part in a work-focused interview would, apart from these Regulations, next have arisen in relation to the lone parent on or after 20th August 2012.
Lone Parent responsible for child who will attain the age of 5 after 19th August 2012 and before 19th November 2012
5
1
This paragraph applies to a lone parent who falls within this Schedule if, on the commencement day, the lone parent is responsible for and a member of the same household as—
a
a single child who will attain the age of 5 after 19th August 2012 and before 19th November 2012; or
b
more than one child, the youngest of whom will attain the age of 5 after 19th August 2012 and before 19th November 2012.
2
Subject to paragraphs 6 and 7, regulations 2, 4 and 5 come into force in relation to a lone parent to whom this paragraph applies at the end of the last day of the benefit week in which the child in question attains the age of 5.
Circumstances where the Secretary of State is not satisfied that a decision has been made in relation to the lone parent’s claim for child tax credit at the time of the voluntary interview appointment
6
1
Where subparagraph (2) applies, regulation 2 comes into force in relation to a lone parent at the end of the period of 4 weeks beginning with the day mentioned in sub-paragraph (2) of paragraphs 2, 3, 4 or 5, as would be applicable to the lone parent apart from this paragraph (“the relevant day”).
2
This paragraph applies where—
a
a lone parent to whom this Schedule applies has been invited in writing by the Secretary of State to attend a voluntary interview appointment on a date during the two month period before the relevant day;
b
at the time of the voluntary interview appointment, the lone parent has claimed, or is treated as having made a claim for, child tax credit; and
c
the Secretary of State is not satisfied that a decision has been made in relation to that claim at the time of the voluntary interview appointment.
Lone parents not invited to a voluntary interview during the two month period before the relevant day7
Where a lone parent to whom this Schedule applies has not been invited in writing, before the day mentioned in sub-paragraph (2) of paragraphs 2, 3, 4 or 5, as would be applicable to the lone parent apart from this paragraph (“the relevant day”), to attend a voluntary interview appointment regulations 2, 4 and 5 come into force in relation to the lone parent at the end of a period of 6 weeks beginning with the date on which the Secretary of State invites the lone parent in writing to attend a voluntary interview appointment.
(This note is not part of the Regulations)