(d)P is living apart from, and has lost the support of or is being inadequately maintained by, P’s spouse or partner; or
(e)P has lost the regular support of P’s spouse or partner because that spouse or partner—
(i)is subject to a sentence of imprisonment and is serving the sentence in a prison or is subject to release conditions that prevent that spouse or partner from undertaking employment; or
(ii)is subject to a sentence of supervision, intensive supervision, or home detention and is subject to conditions (including post-detention conditions of a sentence of home detention) that prevent that spouse or partner from undertaking employment.
(2)An additional dependent child aged 1 year or over is not a dependent child for the purposes of P’s eligibility for sole parent support (see section 222(2)).
Compare: 1964 No 136 s 20A
31When dependent child may be regarded as applicant’s child
For the purposes of this subpart, MSD may regard a dependent child as being a child of an applicant (A), and A as being the mother or father of the child, if—
(a)the child is being maintained by A and was at any time maintained by A’s spouse or partner; or
(b)neither an orphan’s benefit nor an unsupported child’s benefit is payable in respect of the child, but—
(i)section 43(2) is complied with for each of the child’s parents (as that term is defined in section 43(3)); or
(i)section 46(1) and (2) is complied with for each of the child’s parents (as that term is defined in section 46(3)) for care for the child and full provision for the child’s support; or
(c)the child’s parents are unwilling to support the child because of circumstances MSD considers exceptional.
Compare: 1964 No 136 s 20B
32Sole parent support: situation of split care
(1)This section applies to the parents of 2 or more dependent children if—
(a)the parents are living apart; and
(b)each parent is the principal caregiver of 1 or more of the children; and
(c)but for this section, both parents would be entitled to sole parent support.
(2)Only 1 of the 2 parents is entitled to sole parent support, and the parent who is entitled to sole parent support must be—
(a)the parent who is already receiving sole parent support in respect of any of the children; or
