# The Social Security (Lone Parents) (Amendment) Regulations 1997, Regulation 3: Council tax benefit: amendment of provisions relating to family premium


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.”.

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Source: https://www.legislation.gov.uk/uksi/1997/1790/regulation/3 (the official version)
Page: https://openlegislation.uk/social-security-lone-parents-amendment-regulations-1997/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.