OpenLegislation

Regulation 8 Income support: amendment of provisions relating to family premiumI1

Northern Ireland

In Schedule 2 to the Income Support Regulations (applicable amounts), paragraph 3f1 (family premium) shall be renumbered paragraph 3(1) and—

(a)

in the renumbered sub-paragraph (1)(a) after “lone parent” there shall be inserted “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) 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 and including 6th April 1998, and

(iii)

the last day in respect of which paragraph (i) applied was no more than 12 weeks before the first day in respect of which paragraph (ii) applied.

(3)

The second condition for the purposes of sub-paragraph (1)(a) is that as from and including 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;

(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.”.

Annotations

Commencement

I1

Reg. 8 in operation at 6.4.1998, see reg. 1(1)

Footnotes

f1

Paragraph 3 was amended by regulation 18 of S.R. 1988 No. 318 and regulation 5(4) of S.R. 1996 No. 288