The Social Security (Lone Parents) (Amendment) Regulations 1997

Housing benefit: amendment of provisions relating to family premium

8.  In paragraph 3 of Schedule 2 to the Housing Benefit Regulations(1) (family premium)—

(a) after “3.” there shall be inserted

“—

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

(c) 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 force on that date; or

(b) who was not entitled to housing benefit on 5th April 1998 because that date fell during a rent free period as defined in regulation 70(1) (rent free periods) and his applicable amount on that date would have included the amount applicable under sub-paragraph (a) of this paragraph as in force on that date; or

(c) on becoming entitled to housing benefit where that lone parent—

(i) had been treated as entitled to that benefit in accordance with sub-paragraph (4)(a) as at the day before the date of claim for that benefit; and

(ii) was entitled to council tax benefit as at the date of claim for housing benefit,

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 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) the claimant has not become entitled to either income support or to an income-based jobseeker’s allowance; and

(d) a premium under paragraph 9, 9A, 10 or 11 has not become applicable to the claimant.

(4) For the purposes of sub-paragraphs (2)(c)(i) and (3)(a), a claimant shall be treated as entitled to housing benefit—

(a) during any period where he was not, or had ceased to be, so entitled and throughout that period, he had been awarded council tax benefit and his applicable amount included the amount applicable under paragraph 3(1)(a) of Schedule 1 to the Council Tax Benefit (General) Regulations 1992(2);

(b) during any rent free period as defined for the purposes of regulation70(1).”.

(1)

Paragraph 3 is amended by S.I. 1996/1803.

(2)

S.I. 1992/1814; the relevant amending instruments are S.I. 1996/1803 and 1997/1790.