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PART III
Lone Parent's Allowance
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Lone parent's allowance.
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12.— (1) The Principal Act is hereby amended by the substitution for Chapter 5A (inserted by section 6 of the Act of 1989) of Part III of the following Chapter:
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“Chapter 5A
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Lone Parent's Allowance
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Interpretation (lone parent's allowance).
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198A.— (1) In this Chapter—
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‘lone parent’ means, subject to regulations under section 198F—
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(a) a widow,
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(b) a widower,
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(c) a separated spouse,
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(d) an unmarried person, or
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(e) a person whose spouse has been committed in custody to a prison or place of detention for a period of not less than 6 calendar months,
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who has at least one qualified child normally residing with that person;
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‘allowance’ means a lone parent's allowance;
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‘weekly means’ means the yearly means divided by 52.
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(2) For the purposes of this Chapter—
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(a) means shall be calculated in accordance with the Rules contained in the Third Schedule, and
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(b) a widow who has remarried shall not be regarded as the widow of her former husband and a widower who has remarried shall not be regarded as the widower of his former wife.
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Right to allowance.
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198B.— (1) Subject to this Act and to regulations made under this Act, a lone parent's allowance shall be payable to a lone parent.
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(2) A lone parent's allowance payable to a lone parent shall, subject to this Act and regulations made under this Act, continue to be payable unless the lone parent marries or remarries, as the case may be, and in such a case the allowance shall cease as and from the date of marriage or remarriage, as the case may be.
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Rate of allowance and increases for child dependants.
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198C.— (1) The rate (in this section referred to as the ‘scheduled rate’) of lone parent's allowance shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule increased by the appropriate amount set out in column (4) or (5) of that Part in respect of each qualified child who normally resides with the lone parent.
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(2) A lone parent's allowance shall be payable—
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(a) where the weekly means of the claimant or beneficiary do not exceed £6, at the scheduled rate, and
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(b) where such weekly means exceed £6, at the scheduled rate reduced by £2 for each amount (if any) of £2 by which those weekly means exceed £6, any fraction of £2 in those weekly means being treated for this purpose as £2:
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Provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the allowance would be payable is less than £2, the allowance shall not be payable.
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Disqualifications.
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198D.— (1) Except where regulations otherwise provide, a lone parent shall be disqualified for receiving an allowance (including any increase for a qualified child) for any period during which he is undergoing penal servitude, imprisonment or detention in legal custody.
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(2) A lone parent shall not, if and so long as he and any person are cohabiting as man and wife, be entitled to and shall be disqualified for receiving payment of an allowance.
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Prisoners' spouses.
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198E.— In the case of a person who qualifies for an allowance by virtue of being a prisoner's spouse, such allowance shall continue to be paid for a period of four weeks after the release of the prisoner from a prison or place of detention.
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Regulations.
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198F.— The Minister shall make regulations in relation to lone parent's allowance and the regulations may, in particular and without prejudice to the generality of the foregoing—
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(a) specify the circumstances in which, for the purposes of this Chapter—
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(i) a person is to be regarded as being a separated spouse,
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(ii) a person is to be regarded as being an unmarried person, and
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(b) apply (with or without modification), or make provisions corresponding (with or without modification) to, any provisions of, or regulations under, this Act.”.
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(2) The reference in section 315 (inserted by section 12 of the Act of 1989) of the Principal Act to section 198B of that Act shall be construed as a reference to the section bearing that number inserted into the Principal Act by this section.
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