Commentary on Sections Schedule 7: Jobseeker’s allowance in interim period: consequential amendments Section 58: Entitlement of lone parents to income support etc
304.Section 58 amends provisions in WRA 2009 concerning lone parents.
305.Section 3(1) of that Act inserts provisions under new subsection (1A) of section 124 of SSCBA 1992 so that regulations must provide for IS to be available on grounds of lone parenthood where a lone parent has a child under seven. Subsection (2) amends section 3(1) to provide for IS to be available on the grounds of lone parenthood where a lone parent has a child under five. Lone parents who wish to continue receiving an income-replacement benefit after that point will need to claim JSA, if they are capable of work, or ESA, if they have limited capability for work, unless they qualify for IS on some other ground such as receiving Carer’s Allowance.
306.Section 8(1) of WRA 2009 requires that regulations which impose a requirement to undertake work-related activity on a lone parent with a child under seven are subject to the affirmative resolution procedure. This requirement applies to regulations made under section 2D(1) of SSAA 1992, section 18B of the JA 1995 and section 13 of WRA 2007 before 12 November 2014. Subsection (3)) amends this so that the requirement applies to regulations which affect a lone parent with a child under five.