The Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2012

JurisdictionUK Non-devolved
CitationSI 2012/874

2012 No. 874

Social Security

The Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2012

Made 20th March 2012

Laid before Parliament 22th March 2012

Coming into force 21th May 2012

The Secretary of State for Work and Pensions makes the following regulations, in exercise of the powers conferred by—

sections 2A(1), 189(1), (4) and (5) and 191 of the Social Security Administration Act 19921,

sections 123(1), 124(1)(e), 137(1) and 175(1) and (3) to (5) of the Social Security Contributions and Benefits Act 19922,

sections 6(4), 7(4) 35(1) and 36(2) of the Jobseekers Act 19953;

section 2(4)(a), 4(6)(a) and 24(1) of the Welfare Reform Act 20074.

In accordance with section 173(1)(b) of the Social Security Administration Act 1992, the Secretary of State has obtained the agreement of the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it.

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2012.

(2) These Regulations come into force on 21st May 2012.

(3) Paragraph (2) is subject to the provisions in the Schedule.

(4) In these Regulations—

“the Income Support Regulations” means the Income Support (General) Regulations 19875;

“the Lone Parents Regulations” means the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 20006;

“the Jobcentre Plus Regulations” means the Social Security (Jobcentre Plus Interviews) Regulations 20027; and

“lone parent” has the same meaning as in regulation 2(1) of the Income Support Regulations.

S-2 Amendment of the Income Support Regulations

Amendment of the Income Support Regulations

2.—(1) Schedule 1B (prescribed categories of person)8to the Income Support Regulations is amended as follows.

(2) For paragraph 1, substitute—

S-1

Lone Parents

1.—(1) A lone parent who is responsible for, and a member of the same household as—

(a)

(a) a single child aged under 5, or

(b)

(b) more than one child where the youngest is aged under 5.

(2) A lone parent who is under the age of 18.”.

S-3 Amendment of the Jobseeker’s Allowance Regulations 1996

Amendment of the Jobseeker’s Allowance Regulations 1996

3.—(1) The Jobseeker’s Allowance Regulations 19969are amended as follows.

(2) After regulation 17A (further circumstances in which a person is to be treated as available: full-time students participating in a qualifying course)10, insert—

S-17B

Further circumstances in which a person is to be treated as available: lone parents with children aged 5 not in full-time education

17B. A lone parent shall be treated as available for employment in any week where—

(a) the lone parent is responsible for, and a member of the same household as, a child who is aged 5;

(b) the child—

(i) is nor receiving full-time education by regular attendance at school or otherwise; and

(ii) is not required by law to receive full-time education; and

(c) it would be unreasonable for the lone parent to make other arrangements for the care of that child.”

(3) After regulation 21A (further circumstances in which a qualifying person is to be treated as actively seeking employment; full-time students participating in a qualifying course)11, insert—

S-21B

Further circumstances in which a person is to be treated as actively seeking employment: lone parents with children aged 5 not in full-time education

21B. A lone parent who is treated for any period as being available for employment under regulation 17B shall be treated as actively seeking employment for the same period”.

S-4 Amendment of the Lone Parents Regulations

Amendment of the Lone Parents Regulations

4.—(1) The Lone Parents Regulations are amended as follows.

(2) In regulation 2ZA(1)(c) (requirement for certain lone parents to take part in an interview)12, for “4,5 or 6” in both places, substitute “4”.

S-5 Amendment of the Jobcentre Plus Regulations

Amendment of the Jobcentre Plus Regulations

5.—(1) The Jobcentre Plus Regulations are amended as follows.

(2) In regulation 4A(1)(c) (requirement for certain lone parents to take part in an interview)13, for “4,5 or 6” in both places, substitute “4”.

S-6 Amendment of the Employment and Support Allowance Regulations 2008

Amendment of the Employment and Support Allowance Regulations 2008

6.—(1) The Employment and Support Allowance Regulations 200814are amended as follows.

(2) In regulation 7(1)(c)(iii) (circumstances where the condition that the assessment phase has ended before entitlement to the work-related activity component or support component arises does not apply)15, for “2008”, substitute “201216”.

S-7 Savings and transitional provisions applicable to certain lone parents following a full-time course

Savings and transitional provisions applicable to certain lone parents following a full-time course

7.—(1) This regulation applies to a lone parent if the following conditions are met.

(2) The first condition is that—

(a)

(a) immediately before the specified day the lone parent was entitled to income support and fell within paragraph 1 (lone parents) of Schedule 1B (prescribed categories of person) to the Income Support Regulations;

(b)

(b) no other paragraph of Schedule 1B applies to the lone parent; and

(c)

(c) on and after the specified day, the lone parent is responsible for and a member of the same household as—

(i) a single child aged 5 or over, or

(ii) more than one child where the youngest child is aged 5 or over.

(3) The second condition is that immediately before the specified day, and on and after that day, the lone parent is also—

(a)

(a) a full-time student attending or undertaking a full-time course of advanced education, a full-time course of study or a sandwich course, or

(b)

(b) following a full-time course of training or instruction provided pursuant to arrangements made by the Secretary of State or pursuant to a scheme which has been approved by the Secretary of State as supporting the objectives set out in section 2 of the Employment and Training Act 197317.

(4) This regulation does not apply, or (as the case may be) it ceases to apply, to a lone parent if the lone parent makes a further claim for income support on or after the specified day.

(5) Where this regulation applies to a lone parent—

(a)

(a) paragraph 1 of Schedule 1B to the Income Support Regulations as in force in relation to the lone parent at the beginning of the period of study referred to in paragraph (3)(a) shall continue to have effect in relation to the lone parent for so long as the lone parent remains a full-time student;

(b)

(b) paragraph 1 of Schedule 1B to the Income Support Regulations as in force at the beginning of the particular course of training or instruction referred to in paragraph (3)(b) shall continue to have effect in relation to the lone parent for so long as the lone parent is following that full-time course; and

(c)

(c) any requirement to take part in a work-focused interview every 13 weeks in accordance with regulation 2ZA of the Lone Parents Regulations or regulation 4A of the Jobcentre Plus Regulations shall continue to apply in relation to the lone parent at a time when, apart form this paragraph, the requirement would cease to apply because the lone parent’s child’s or youngest child’s, age exceeds the age specified in those regulations.

(6) For the purposes of this regulation—

“full-time course of advanced education”, “full-time course of study” and “sandwich course” have the same meaning as in regulation 61 of the Income Support Regulations;

“full-time student” and “period of study” have the same meaning as in regulation 2(1) of the Income Support Regulations;

“specified day” means 21st May 2012.

Maria Miller

Parliamentary Under Secretary of State

Department for Work and Pensions

20th March 2012

SCHEDULE

Regulation 1(3)

Special Commencement Provisions for Certain Existing Claimants

1Application and interpretation

SCH-1.1

1.—(1) A lone parent falls within this Schedule if—

(a)

(a) the lone parent has attained the age of 18;

(b)

(b) the lone parent was entitled to income support on grounds of falling within paragraph 1 (lone parents) of Schedule 1B (prescribed categories of person) to the Income Support Regulations immediately before the commencement day;

(c)

(c) no other paragraph of Schedule 1B applies to the lone parent: and

(d)

(d) on the commencement day, the lone parent is responsible for and a member of the same household as—

(i) a single child who is aged 5 or 6 or who will attain the age of 5 before 19th November 2012; or

(ii) more than one child where the youngest child is aged 5 or 6 or will attain the age of 5 before 19th November 2012.

(2) A lone parent does not fall within this Schedule if on or after the commencement day—

(a)

(a) the lone parent makes a further claim for income support; or

(b)

(b) regulation 7 applies to the lone parent.

(3) In this Schedule—

“benefit week” has the same meaning as in regulation 2(1) of the Income Support Regulations18;

“child” means a person aged under 16;

“child tax credit” means a child tax credit under section 8 of the Tax Credits Act 200219;

“commencement day” means 21st May 2012;

“voluntary interview appointment” means an appointment for a lone parent who falls within this Schedule to attend an interview voluntarily for the purpose of discussing...

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