
1 

(1) These Regulations may be cited as the Social Security (Lone Parents) (Amendment) Regulations 1997 and shall come into force on 6th April 1998.
(2) In these Regulations—
 “the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992;
 “the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987;
 “the Income Support Regulations” means the Income Support (General) Regulations 1987;
 “the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996.
2 
In regulation 40(3) of the Council Tax Benefit Regulations (students who are not excluded from entitlement to council tax benefit)—
(a) after sub-paragraph (a) there shall be inserted the following sub-paragraph—“
(aa) who is a lone parent;”;
(b) in sub-paragraph (b)—
(i) after the word “include” there shall be inserted the word “the”;
(ii) the words “a family premium under paragraph 3(a) of Schedule 1,” shall be omitted.
3 
In paragraph 3 of Schedule 1 to the Council Tax Benefit Regulations (family premium)—
(a) after “3.” there shall be inserted“
—
(1) 
”;
(b) in head (a) of the renumbered sub-paragraph (1), for the words “and no premium is applicable under paragraph 9, 10, 11 or 12” 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 council tax 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) on becoming entitled to council tax benefit where that lone parent—
(i) had been treated as entitled to that benefit in accordance with sub-paragraph (4) as at the day before the date of claim for that benefit; and
(ii) was entitled to housing benefit as at the date of claim for council tax benefit or would have been entitled to housing benefit as at that date had that day not fallen during a rent free period as defined in regulation 70(1) of the Housing Benefit (General) Regulations 1987 (“the Housing Benefit Regulations”),
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 council tax 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, 10, 11 or 12 has not become applicable to the claimant.
(4) For the purposes of sub-paragraphs (2)(b)(i) and (3)(a), a claimant shall be treated as entitled to council tax benefit during any period where he was not, or had ceased to be, so entitled and—
(a) throughout that period, he had been awarded housing benefit and his applicable amount included the amount applicable under paragraph 3(1)(a) of Schedule 2 to the Housing Benefit Regulations; or
(b) he would have been awarded housing benefit during that period had that period not been a rent free period as defined in regulation 70(1) of the Housing Benefit Regulations and his applicable amount throughout that period would have included the amount applicable under paragraph 3(1)(a) of Schedule 2 to those Regulations.”.
4 
For paragraph 4 of Schedule 3 to the Council Tax Benefit Regulations (disregard of certain sums in the calculation of a lone parent’s earnings) there shall be substituted the following paragraph—“
4 
In a case where the claimant is a lone parent, £25.”.
5 
In paragraph 2(c) of Schedule 5A to the Council Tax Benefit Regulations (conditions for an extended payment of council tax benefit)—
(a) after head (i) there shall be inserted the following head—“
(ia) the claimant was a lone parent; or”;
(b) in head (ii)—
(i) the words “pursuant to paragraph 3(a) (rate of family premium applicable to a lone parent) or,” shall be omitted;
(ii) after the word “carers,” there shall be inserted the words “pursuant to paragraph”.
6 
In regulation 48A(2) of the Housing Benefit Regulations (students who are treated as liable to make payments in respect of a dwelling)—
(a) after sub-paragraph (a) there shall be inserted the following sub-paragraph—“
(aa) who is a lone parent;”;
(b) in sub-paragraph (b)—
(i) after the word “include” there shall be inserted the word “the”;
(ii) the words “a family premium under paragraph 3(a) of Schedule 2,” shall be omitted.
7 
In regulation 51(2) of the Housing Benefit Regulations (exclusions from reductions in the amounts of eligible rent relating to students)—
(a) in sub-paragraph (c)(i), the words “a family premium under paragraph 3(a) of Schedule 2 or” shall be omitted;
(b) after sub-paragraph (c)(i) there shall be inserted the following head—“
(ia) he is a lone parent; or”.
8 
In paragraph 3 of Schedule 2 to the Housing Benefit Regulations (family premium)—
(a) after “3.” there shall be inserted“
—
(1) 
”;
(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;
(b) during any rent free period as defined for the purposes of regulation70(1).”.
9 
For paragraph 4 of Schedule 3 to the Housing Benefit Regulations (disregard of certain sums in the calculation of a lone parent’s earnings) there shall be substituted the following paragraph—“
4 
In a case where the claimant is a lone parent, £25.”.
10 
In paragraph 2(c) of Schedule 5A to the Housing Benefit Regulations (conditions for an extended payment of housing benefit)—
(a) after head (i) there shall be inserted the following head—“
(ia) the claimant was a lone parent; or”;
(b) in head (ii)—
(i) the words “pursuant to paragraph 3(a) (rate of family premium applicable to a lone parent) or,” shall be omitted;
(ii) after the word “carers,” there shall be inserted the words “pursuant to”.
11 
In paragraph 3 of Schedule 2 to the Income Support Regulations (family premium)—
(a) after “3.” there shall be inserted“
—
(1) 
”;
(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 income support 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) on becoming entitled to income support where the claimant was entitled to an income-based jobseeker’s allowance on 5th April 1998 and that claimant’s applicable amount—
(i) on that date included the amount applicable under sub-paragraph (a) of paragraph 4 of Schedule 1 to the Jobseeker’s Allowance Regulations 1996 (“the Jobseeker’s Allowance Regulations”) as in force on that date; and
(ii) on the last day of that award, included the amount applicable under paragraph 4(1)(a) of Schedule 1 to the Jobseeker’s Allowance Regulations,
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 income support;
(b) the claimant has not ceased to be a lone parent; and
(c) a premium under paragraph 9, 9A, 10 or 11 has not become applicable to that claimant.
(4) For the purpose of sub-paragraph (3)(a), a claimant shall be treated as entitled to income support during the period of an award of an income-based jobseeker’s allowance, throughout which his applicable amount included the amount applicable under paragraph 4(1)(a) of Schedule 1 to the Jobseeker’s Allowance Regulations.”.
12 
For paragraph 5 of Schedule 8 to the Income Support Regulations (disregard of certain sums in the calculation of a lone parent’s earnings) there shall be substituted the following paragraph—“
5 
In a case where the claimant is a lone parent and paragraph 4 does not apply, £15.”.
13 
In paragraph 4 of Schedule 1 to the Jobseeker’s Allowance Regulations (family premium)—
(a) after “4.” there shall be inserted“
—
(1) 
”;
(b) in head (a) of the renumbered sub-paragraph (1), for the words “and no premium is applicable under paragraph 10, 11, 12 or 13” 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 an income-based jobseeker’s allowance 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) on becoming entitled to an income-based jobseeker’s allowance where the claimant was entitled to income support on 5th April 1998 and that claimant’s applicable amount—
(i) on that date, included the amount applicable under sub-paragraph (a) of paragraph 3 of Schedule 2 to the Income Support Regulations as in force on that date; and
(ii) on the last day of that award, included the amount applicable under paragraph 3(1)(a) of Schedule 2 to the Income Support Regulations,
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 an income-based jobseeker’s allowance;
(b) the claimant has not ceased to be a lone parent; and
(c) a premium under paragraph 10, 11, 12 or 13 has not become applicable to the claimant.
(4) For the purpose of sub-paragraph (3)(a), a claimant shall be treated as entitled to an income-based jobseeker’s allowance during the period of an award of income support, throughout which his applicable amount included the amount applicable under paragraph 3(1)(a) of Schedule 2 to the Income Support Regulations.”.
14 
For paragraph 6 of Schedule 6 to the Jobseeker’s Allowance Regulations (disregard of certain sums in the calculation of a lone parent’s earnings) there shall be substituted the following paragraph—“
6 
In a case where the claimant is a lone parent and paragraph 5 does not apply, £15.”.
Signed by authority of the Secretary of State for Social Security.
Patricia Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
24th July 1997