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27 1993

SOCIAL WELFARE (CONSOLIDATION) ACT, 1993

CHAPTER 9

Lone Parent's Allowance

Interpretation.

[1990, s. 12 (1)]

157.—(1) In this Chapter—

lone parent” means, subject to regulations under section 162—

(a) a widow,

(b) a widower,

(c) a separated spouse,

(d) an unmarried person, or

(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 months,

who has at least one qualified child normally residing with that person;

allowance” means a lone parent's allowance;

weekly means” means the yearly means divided by 52.

[1990, s. 12(1)]

(2) For the purposes of this Chapter—

(a) means shall be calculated in accordance with the Rules contained in Part II of the Third Schedule , and

(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.

Entitlement to allowance.

[1990, s. 12(1)] [1990, s. 12(1)]

158.—(1) Subject to this Act, lone parent's allowance shall be payable to a lone parent.

(2) A lone parent's allowance payable to a lone parent shall, subject to 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.

Rate of allowance and increases for child dependants.

[1990, s. 12(1)]

159.—(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) of that Part in respect of each qualified child who normally resides with the beneficiary.

[1990, s. 12(1)]

(2) A lone parent's allowance shall be payable where—

(a) the weekly means of the claimant or beneficiary do not exceed £6, at the scheduled rate, and

(b) 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:

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.

[1992, s. 43]

(3) The weekly rate of lone parent's allowance shall be increased—

(a) by the amount set out in column (6) of Part I of the Fourth Schedule where the person entitled to the allowance has attained pensionable age and is living alone, and

(b) by the amount set out in column (7) of Part I of the Fourth Schedule where the person entitled to the allowance has attained the age of 80 years.

Disqualification.

[1990, s. 12(1)]

160.—A lone parent shall not, if and so long as he and any person are cohabiting as husband and wife, be entitled to and shall be disqualified for receiving payment of an allowance.

Prisoners' spouses.

[1990, s. 12(1)]

161.—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 4 weeks after the release of the prisoner from a prison or place of detention.

Regulations.

[1990, s. 12(1)]

162.—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 specify the circumstances in which, for the purposes of this Chapter—

(a) a person is to be regarded as being a separated spouse, and

(b) a person is to be regarded as being an unmarried person.