Paragraph 3 I1
England, Wales and Scotland
in any other case, F8£20.22.
The first condition for the purposes of sub-paragraph (1)(a) is that the claimant—
was both a lone parent and entitled to income support on 5th April 1998; or
does not come within head (a) above but—
was both a lone parent and entitled to income support on any day during the period of 12 weeks ending on 5th April 1998;
was both a lone parent and entitled to income support on any day during the period of 12 weeks commencing on 6th April 1998; and
the last day in respect of which (i) above applied was no more than 12 weeks before the first day in respect of which (ii) above applied.
The second condition for the purposes of sub-paragraph (1)(a) is that as from the appropriate date specified in sub-paragraph (4), the claimant has continued, subject to sub-paragraph (5), to be both a lone parent and entitled to income support.
The appropriate date for the purposes of sub-paragraph (3) is—
in a case to which sub-paragraph (2)(a) applies, 6th April 1998;
in a case to which sub-paragraph (2)(b) applies, the first day in respect of which sub-paragraph (2)(b)(ii) applied.
For the purposes of sub-paragraph (3), where the claimant has ceased, for any period of 12 weeks or less, to be—
a lone parent; or
entitled to income support; or
both a lone parent and entitled to income support,
the claimant shall be treated, on again becoming both a lone parent and entitled to income support, as having continued to be both a lone parent and entitled to income support throughout that period.
In determining whether the conditions in sub-paragraphs (2) and (3) apply, entitlement to an income-based jobseeker’s allowance shall be treated as entitlement to income support for the purposes of any requirement that a person is entitled to income support.
For the purposes of this paragraph, a claimant shall be treated as having been entitled to income support throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to income support because, as a consequence of his participation in that programme, he was engaged in remunerative work or had income in excess of his applicable amount as prescribed in Part IV.
Annotations
Textual amendments
- F1
Sch. 2 para. 3 omitted (for specified purposes and with effect in accordance with reg. 1(2)-(5) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 20(a)
- F2
Sch. 2 para. 3(1): Sch. 2 para. 3 renumbered as Sch. 2 para. 3(1) (6.4.1998) by The Social Security Amendment (Lone Parents) Regulations 1998 (S.I. 1998/766), regs. 1(1), 12
- F3
Word in Sch. 2 inserted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 19
- F4
Words in Sch. 2 para. 3 substituted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 19(c)
- F5
Words in Sch. 2 Pt. II para. 3 inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1803), regs. 1(1)(b), 39(2)
- F6
Words in Sch. 2 para. 3(1)(a) inserted (6.4.1998) by The Social Security Amendment (Lone Parents) Regulations 1998 (S.I. 1998/766), regs. 1(1), 12(a)
- F7
Sum in Sch. 2 para. 3(1)(a) substituted (coming into force in accordance with art. 1(3)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(g), 20(4)(a)
- F8
Sum in Sch. 2 para. 3(1)(b) substituted (coming into force in accordance with art. 1(3)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(g), 20(4)(b)
- F9
Sch. 2 para. 3(2)-(6) inserted (6.4.1998) by The Social Security Amendment (Lone Parents) Regulations 1998 (S.I. 1998/766), regs 1(1). 12(b)
- F10
Sch. 2 para. 3(7) added (3.4.2000) by The Social Security Amendment (Employment Zones) Regulations 2000 (S.I. 2000/724), regs. 1(1), 4(3)(a)
Commencement
- I1
Sch. 2 para. 3 in force at 11.4.1988, see reg. 1
Notes on the whole SI
Textual amendments
- F1
1986 c. 50; section 84(1) is an interpretation provision and is cited because of the meanings assigned to the words “prescribed” and “regulations”.
- F2
1975 c. 14; section 114 is applied by section 52(3)(b) of the Social Security Act 1986 (c. 50); section 166(3A) is inserted by section 62 of that Act and section 166(1) to (3A) is applied by section 83(1) of that Act.
Notes on Schedule 2
Modifications
- C1
Sch. 2 applied (with modifications) (S.) (6.10.2003) by The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (S.S.I. 2003/460), reg. 1, sch. Pt. II Table B (with reg. 13)
- C2
Sch. 2 applied (with modifications) (8.4.2013) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Charges for Drugs and Appliances), (Dental Charges) and (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013 (S.I. 2013/475), regs. 1(2)(b), 24(2))
- C3
Sch. 2 applied (with modifications) (S.) (26.7.2021) by S.S.I. 2003/460 (as amended by The Disability Assistance for Children and Young People (Consequential Amendments) (Scotland) Regulations 2021 (S.S.I. 2021/122), regs. 1, 2)
- C4
Sch. 2 applied (with modifications) (S.) (26.7.2021) by S.S.I. 2003/460 (as amended by The Disability Assistance for Children and Young People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2021 (S.S.I. 2021/73), regs. 1, 10 (with reg. 19))