# The Social Security Amendment (Lone Parents) Regulations 1998 S.I. 1998/766 · made 16 March 1998 · revised to 6 March 2006 These Regulations amend the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) and the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814). They also revoke the Social Security (Lone Parents) (Amendment) Regulations 1997 (S.I. 1997/1790) (regulation 2). ## Introductory text SOCIAL SECURITY Made 16th March 1998 Laid before Parliament 18th March 1998 Coming into force 6th April 1998 The Secretary of State for Social Security, in exercise of the powers conferred on her by sections 123(1)(a), (d) and (e), 130(2) and (4), 131(10), 135(1), 136(4) and (5)(b), 137(1) and (2)(i) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992 and sections 4(5), 12(2) and (4)(b), 35(1) and 36(1), (2) and (4) of the Jobseekers Act 1995 and of all other powers enabling her in that behalf, whereas, in respect of provisions in these Regulations relating to housing benefit and council tax benefit, it appears to the Secretary of State that by reason of the urgency of the matter, it is inexpedient to consult organisations appearing to her to be representative of the authorities concerned and whereas, it appears to the Secretary of State that by reason of the urgency of the matter, it is inexpedient to refer proposals in respect of these Regulations to the Social Security Advisory Committee hereby makes the following Regulations: ## 1 Citation, commencement and interpretation (1) These Regulations may be cited as the Social Security Amendment (Lone Parents) Regulations 1998 and, subject to paragraph (2) of this regulation, shall come into force on 6th April 1998. (2) To the extent that article 21(8) of the Up-rating Order (applicable amounts for housing benefit) comes into force on 6th April 1998, regulation 9 of these Regulations shall come into force immediately after that article of that Order. (3) In these Regulations— ... ... “the Income Support Regulations” means the Income Support (General) Regulations 1987; “the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996; “the Up-rating Order” means the Social Security Benefits Up-rating Order 1998. ## 2 Revocation The Social Security (Lone Parents) (Amendment) Regulations 1997 are hereby revoked. ## 3 Council tax benefit: students who are not excluded from entitlement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 4 Council tax benefit: amendment of provisions relating to family premium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 5 Council tax benefit: disregard of certain sums in the calculation of a lone parent’s earnings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 6 Council tax benefit: conditions for an extended payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 7 Housing benefit: students who are treated as liable to make payments in respect of a dwelling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 8 Housing benefit: exclusions from reductions in the amounts of eligible rent relating to students . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 9 Housing benefit: amendment of provisions relating to family premium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 10 Housing benefit: disregard of certain sums in the calculation of a lone parent’s earnings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 11 Housing benefit: conditions for an extended payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 12 Income support: amendment of provisions relating to family premium Paragraph 3 of Schedule 2 to the Income Support Regulations (family premium) shall be renumbered sub-paragraph (1) of paragraph 3 and— (a) in head (a) of the renumbered sub-paragraph (1), after the words “lone parent” there shall be inserted the words “ to whom the conditions in both sub-paragraphs (2) and (3) apply ”; (b) after sub-paragraph (1) there shall be inserted the following sub-paragraphs— “(2) The first condition for the purposes of sub-paragraph (1)(a) is that the claimant— (a) was both a lone parent and entitled to income support on 5th April 1998; or (b) does not come within head (a) above but— (i) was both a lone parent and entitled to income support on any day during the period of 12 weeks ending on 5th April 1998; (ii) 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 (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 income support. (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 income support; or (c) 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. (6) 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.”. ## 13 Income support: disregard of certain sums in the calculation of a lone parent’s earnings 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.”. ## 14 Jobseeker’s allowance: amendment of provisions relating to family premium Paragraph 4 of Schedule 1 to the Jobseeker’s Allowance Regulations (family premium) shall be renumbered sub-paragraph (1) of paragraph 4 and— (a) in head (a) of the renumbered sub-paragraph (1)— (i) after the words “lone parent” there shall be inserted the words “ to whom the conditions in both sub-paragraphs (2) and (3) apply ”; (ii) the word “11,” shall be omitted; (b) after sub-paragraph (1) there shall be inserted the following sub-paragraphs— “(2) 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.”. ## 15 Jobseeker’s allowance: disregard of certain sums in the calculation of a lone parent’s earnings 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.”. ## Signature Signed by authority of the Secretary of State for Social Security. Keith Bradley Parliamentary Under-Secretary of State, Department of Social Security ## Explanatory note (This note is not part of the Regulations) These Regulations amend the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) and the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814). They also revoke the Social Security (Lone Parents) (Amendment) Regulations 1997 (S.I. 1997/1790) (regulation 2). In particular, these Regulations prescribe the circumstances in which the applicable amount of a claimant for council tax benefit, housing benefit, income support and income-based jobseeker’s allowance who is a lone parent, will include the lone parent rate of family premium (regulations 4, 9, 12 and 14). These Regulations also provide that a lone parent who satisfies the relevant conditions in the period before these Regulations take effect, will requalify for the premium in income support and income-based jobseeker’s allowance following a break in the eligibility conditions of not more than 12 weeks (regulations 12 and 14). These Regulations also make related amendments to those regulations which— — disregard certain sums in the calculation of a lone parent’s earnings (regulations 5, 10, 13 and 15); — change the conditions of entitlement of lone parents to an extended payment of housing benefit and council tax benefit (regulations 6 and 11); — in council tax benefit, provide that students who are lone parents are not excluded from entitlement to that benefit (regulation 3) and in housing benefit, provide that students who are lone parents are treated as liable to make payments in respect of a dwelling (regulation 7) and that certain lone parents are excluded from reductions in eligible rent (regulation 8). These Regulations have not been referred to the Social Security Advisory Committee pursuant to section 172(1) of the Social Security Administration Act 1992 (“the Administration Act”) as it appears to the Secretary of State that by reason of the urgency of the matter, it is inexpedient so to refer them (see section 173(1)(a) of the Administration Act). They shall be referred to the Committee as soon as practicable after the date on which they have been made (see section 173(2) of the Administration Act). These Regulations do not impose a charge on business. --- Source: https://www.legislation.gov.uk/uksi/1998/766 (the official version) Page: https://openlegislation.uk/social-security-amendment-lone-parents-regulations-1998 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.