Social Welfare and Pensions (Miscellaneous Provisions) Act 2013

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Transition from one-parent family payment to jobseeker’s allowance in certain circumstances

10. (1) Section 2 of the Principal Act is amended—

(a) in subsection (1) by substituting the following for the definition of “day of unemployment”:

“ ‘day of unemployment’—

(a) in relation to Part 2, has the meaning given to it by section 62,

(b) in relation to Chapter 2 of Part 3, other than section 148A, has the meaning given to it by section 141(4) or (7), and

(c) in relation to section 148A, shall be construed in accordance with paragraph (c) of section 148A(5);”,

and

(b) in subsection (8) (inserted by section 4 of the Act of 2010) by substituting “141, 148A and 274A,” for “141 and 274A,”.

(2) The Principal Act is amended by inserting the following after section 148:

“Entitlement to jobseeker’s allowance in certain circumstances

148A.(1) This section applies to—

(a) a person who—

(i) in the period of 3 years immediately before making a claim for jobseeker’s allowance under this section, has been in receipt of one-parent family payment in respect of any part of that period, and

(ii) during the period for which jobseeker’s allowance is being claimed under this section—

(I) is not entitled to one-parent family payment, and

(II) would be entitled to that payment but for the youngest child having attained the age specified in paragraph (b) of the definition of ‘relevant age’ in section 172(1),

or

(b) a person who—

(i) has previously been in receipt of jobseeker’s allowance under this section, and

(ii) during any subsequent period for which jobseeker’s allowance is being claimed under this section—

(I) is not entitled to one-parent family payment, and

(II) would be entitled to that payment but for the youngest child having attained the age specified in paragraph (b) of the definition of ‘relevant age’ in section 172(1).

(2) Subject to this section, a person to whom this section applies shall be entitled to jobseeker’s allowance in respect of any week of unemployment, as construed in accordance with subsection (4)(b), where that person makes a declaration in such manner as may be prescribed that he or she—

(a) is the parent, step-parent, adoptive parent or legal guardian of at least one child who has not attained the age of 14 years and who normally resides, in accordance with Article 128 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 ( S.I. No. 142 of 2007 ), with that person, and

(b) is not a cohabitant.

(3) Without prejudice to the generality of subsection (2), for the purposes of that subsection a person may make a declaration by means of an electronic communication, in such manner as may be prescribed.

(4) In the case of a person to whom this section applies, Chapter 2 of Part 3 shall be read as if—

(a) sections 141(1)(b), 141(1A), 141(2)(a), 141(3), 141(3A), 141(3B), 141(4)(b), 141(4)(c), 141(8), 147(4) and 148 do not apply,

(b) each period of 7 consecutive days were treated as a week of unemployment and any 2 such weeks not separated by more than 52 weeks shall be treated as one continuous period of unemployment and references in Chapter 2 of Part 3 to a week of unemployment, to being continuously unemployed or to continuous unemployment shall be read accordingly, and

(c) the reference to a day or days of unemployment in sections 141(3C), 141(4), 141(7) and 143 were to any day or days in a week of unemployment as construed in accordance with paragraph (b).

(5) This section shall cease to apply where the youngest child of a person to whom this section applies attains the age of 14 years.”.

(3) This section comes into operation on 4 July 2013.