Widows' benefits and DPBs for solo parents abolished
(1) The following are (subject to the savings in clause 3) abolished on 15 July 2013:
Applications made, but not determined, before 15 July 2013, or made after 14 July 2013 but before 15 August 2013
(2) The chief executive must after 14 July 2013 determine under this subclause, in accordance with the applicant's entitlement immediately before 15 July 2013 to the abolished benefit, an application that is either—
(a) an application for a domestic purposes benefit under section 27B or for a widow's benefit under section 21, and that is made, but is not decided or determined by the chief executive, before 15 July 2013; or
(3) If it is determined under subclause (2) that the applicant had an entitlement to the abolished benefit,—
(c) he or she must be granted the abolished benefit in respect of a period before 15 July 2013 for which he or she had entitlement to the abolished benefit unless (because of a stand down or otherwise) it would not have commenced until after 14 July 2013, and no new benefit to which he or she is transferred by this clause commences before the abolished benefit would have.
(4) If it is determined under subclause (2) that the applicant had no entitlement to the abolished benefit, the applicant's application may be treated,—
(5) Requirements or consequences of failures that apply to the applicant under section 21A or 27CA at the close of 14 July 2013 continue to apply to the applicant after 14 July 2013 as if they could be, and had been, imposed under sections 11E to 11G in respect of an application that under subclause (4) is treated as an application for sole parent support or, as the case requires, jobseeker support.
Transfer to sole parent support of beneficiaries with dependent child aged under 14 years
(6) This subclause applies to a person with a dependent child aged under 14 years who, immediately before 15 July 2013,—
(7) Subclause (6) applies to a person even if the benefit in subclause (6)(a) or (b) was, immediately before 15 July 2013, 100% reduced or suspended under section 117 or another provision of this Act, but in that case no sole parent support to which the person is transferred by subclause (8) commences until the suspension or reduction would have ended, or the benefit in subclause (6)(a) or (b) would otherwise have become payable again.
(8) A person to whom subclause (6) applies is, subject to subclauses (7) and (13) to (18) and to a review under section 81, entitled to sole parent support at the appropriate rate in Schedule 3A (until that benefit ends or expires, or is for any reason cancelled or terminated) as if the person had applied for it, and commencing—
Transfer to jobseeker support of beneficiaries without dependent child aged under 14 years
(9) This subclause applies to a person without a dependent child aged under 14 years who, immediately before 15 July 2013,—
(10) Subclause (9) applies to a person even if the benefit in subclause (9)(a) or (b) was, immediately before 15 July 2013, 100% reduced or suspended under section 117 or another provision of this Act, but in that case no jobseeker support to which the person is transferred by subclause (11) commences until the suspension or reduction would have ended, or the benefit in subclause (9)(a) or (b) would otherwise have become payable again.
(11) A person to whom subclause (9) applies is, subject to subclauses (10) and (12) to (18) and to a review under section 81, entitled to jobseeker support at the appropriate rate in Schedule 9 (until that benefit ends or expires, or is for any reason cancelled or terminated) as if the person had applied for it, and commencing—
Savings relating to transfer to sole parent or jobseeker support
(12) If a person to whom subclause (9) applies is, immediately before 15 July 2013 and under section 80BD(6), continuing to receive a domestic purposes benefit under section 27B or a widow's benefit under section 21(1)(a) for 8 weeks after the person stops caring for the child because of a sudden change of circumstances beyond the person's control,—
(a) the person is after transferring to jobseeker support not entitled to the rate of jobseeker support in clause 1(ab) of Schedule 9 unless immediately before 15 July 2013 he or she would have been entitled to a domestic purposes benefit for women alone under section 27C, or to a widow's benefit on a ground specified in section 21(1)(b), (c), or (d); and
(13) Despite section 80BE(5), the expiry date of jobseeker support to which a person to whom subclause (9) applies is entitled under subclause (11) is the 12-month anniversary of the date on which the person's domestic purposes benefit under section 27B, or widow's benefit under section 21, commenced or, as the case may be, last commenced.
(14) Obligations under sections 60Q(2), 102, and 102A, and exemptions from the work test under section 105 (other than any exemption that, under regulations made under section 123D(a), is not available to a person receiving jobseeker support), that immediately before 15 July 2013 apply to a person to whom subclause (6)(a) or (9)(a) applies continue after 14 July 2013 in respect of sole parent support or jobseeker support to which the person is entitled under subclause (8) or (11).
(15) A person to whom subclause (6) applies who at the close of 14 July 2013 is subject to an exemption under section 105 from some or all of his or her work test obligations on the ground in regulation 6(2)(d) or (e) of the Social Security (Exemptions under Section 105) Regulations 1998 is deemed to have all of his or her work test obligations deferred under section 88I for a period that is the same as the period for which the exemption was granted under section 105.
(16) Failures under section 115 or 116A by a person to whom subclause (6)(a) or (9)(a) applies, and sanctions for those failures under section 117(1)(a) or (b), continue after 14 July 2013 and are failures or sanctions in respect of sole parent support or jobseeker support to which the person is entitled under subclause (8) or (11).
(17) A person whose domestic purposes benefit under section 27B, or widow's benefit under section 21, was cancelled before 15 July 2013 under section 117(1)(c) is not entitled to receive sole parent support or jobseeker support for 13 weeks from the date of cancellation.
(18) Subclause (17) does not limit section 117(2)(a).
Clause does not apply to reciprocity agreement applicants or recipients
(19) Subclauses (2) to (18) do not apply to a person to whom clause 3(1) or (3) applies.