OpenLegislation

Paragraph 4

(F1F21)

The weekly amount for the purposes of regulations 83(d) and 84(1)(e) in respect of a family of which at least one member is a child or young person shall be-

(F3a)

where the claimant is a lone parent F4to whom the conditions in both sub-paragraphs (2) and (3) apply and no premium is applicable under paragraph 10, F5... 12 or 13, F6£20.22.

(b)

in any other case, F7£20.22.

(F82)

The first condition for the purposes of sub-paragraph (1)(a) is that the claimant—

(a)

was both a lone parent and entitled to an income-based jobseeker’s allowance on 5th April 1998; or

(b)

does not come within head (a) above but—

(i)

was both a lone parent and entitled to an income-based jobseeker’s allowance on any day during the period of 12 weeks ending on 5th April 1998;

(ii)

was both a lone parent and entitled to an income-based jobseeker’s allowance on any day during the period of 12 weeks commencing on 6th April 1998; and

(iii)

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.

(3)

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 an income-based jobseeker’s allowance.

(4)

The appropriate date for the purposes of sub-paragraph (3) is—

(a)

in a case to which sub-paragraph (2)(a) applies, 6th April 1998;

(b)

in a case to which sub-paragraph (2)(b) applies, the first day in respect of which sub-paragraph 2(b)(ii) applied.

(5)

For the purposes of sub-paragraph (3), where the claimant has ceased, for any period of 12 weeks or less, to be—

(a)

a lone parent; or

(b)

entitled to an income-based jobseeker’s allowance; or

(c)

both a lone parent and entitled to an income-based jobseeker’s allowance,

the claimant shall be treated, on again becoming both a lone parent and entitled to an income-based jobseeker’s allowance, as having continued to be both a lone parent and entitled to an income-based jobseeker’s allowance throughout that period.

(6)

In determining whether the conditions in sub-paragraphs (2) and (3) apply, entitlement to income support shall be treated as entitlement to an income-based jobseeker’s allowance for the purposes of any requirement that a person is entitled to an income-based jobseeker’s allowance.

(F97)

For the purposes of this paragraph, a claimant shall be treated as having been entitled to an income-based jobseeker’s allowance throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to a jobseeker’s allowance because, as a consequence of his participation in that programme, he was engaged in remunerative work or failed to satisfy the condition specified in section 2(1)(c) or in section 3(1)(a).

Annotations

Textual amendments

F1

Sch. 1 para. 4 omitted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) 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. 2 para. 20(a)

F2

Sch. 1 para. 4(1): Sch. 1 para. 4 renumbered as Sch. 1 para. 4(1) (6.4.1998) by The Social Security Amendment (Lone Parents) Regulations 1998 (S.I. 1998/766), regs. 1(1), 14

F3

Words in Sch. 1 Pt. II para. 4 inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1803), regs. 1(b), 44(2)

F4

Words in Sch. 1 para. 4(1)(a) inserted (6.4.1998) by The Social Security Amendment (Lone Parents) Regulations 1998 (S.I. 1998/766), regs. 1(1), 14(a)(i)

F5

Word in Sch. 1 para. 4(1)(a) omitted (6.4.1998) by virtue of The Social Security Amendment (Lone Parents) Regulations 1998 (S.I. 1998/766), regs. 1(1), 14(a)(ii)

F6

Sum in Sch. 1 para. 4(1)(a) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(4)(a)

F7

Sum in Sch. 1 para. 4(1)(b) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(4)(b)

F8

Sch. 1 para. 4(2)-(6) inserted (6.4.1998) by The Social Security Amendment (Lone Parents) Regulations 1998 (S.I. 1998/766), regs. 1(1), 14(b)

F9

Sch. 1 para. 4(7) added (3.4.2000) by The Social Security Amendment (Employment Zones) Regulations 2000 (S.I. 2000/724), regs. 1(1), 4(4)(b)

Notes on the whole SI

Textual amendments

F1

1995 c.18.

F2

Section 35(1) is an interpretation provision: it is cited because it contains powers exercised in these Regulations in the definitions of “employment", “jobseeker's period", “pensionable age", “pensionable payments", “training" and “work" and because of the meaning assigned to the words “prescribed" and “regulations".

F3

1992 c.5; section 191 is an interpretation provision and it is cited because of the meaning ascribed to the word “prescribed".

F4

1992 c.4; sections 171D and 171G(2) were inserted by the Social Security (Incapacity for Work) Act 1994 (c.18), section 6(1) and have effect for the purposes of the Jobseekers Act 1995 by virtue of paragraph 2 of Schedule 1 to that Act. Section 171G(2) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed".

F5

See section 173(5)(b) of the Social Security Administration Act 1992 (c.5).