The Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001

Suspension of a reduced benefit decision when a modified applicable amount is payable (income support)

14.—(1) Where a reduced benefit decision is given or is in operation at a time when income support is payable to, or in respect of, the parent concerned but that parent’s applicable amount falls to be calculated under the provisions mentioned in paragraph (4), that decision shall be suspended for so long as the applicable amount falls to be calculated under the provisions mentioned in that paragraph, or 52 weeks, whichever period is the shorter.

(2) Where a reduced benefit decision is given or is in operation at a time when income support is payable to, or in respect of, the parent concerned, but that parent’s applicable amount includes a residential allowance under regulation 17 of, and paragraph 2A of Schedule 2 to, the Income Support Regulations(1) (applicable amounts for persons in residential care and nursing homes), that decision shall be suspended for as long as the applicable amount includes a residential allowance under that regulation and Schedule 2, or 52 weeks, whichever period is the shorter.

(3) Where a case falls within paragraph (1) or (2) and a reduced benefit decision has been suspended for 52 weeks, it shall cease to be in force.

(4) The provisions of paragraph (1) shall apply where the applicable amount in relation to the parent concerned falls to be calculated under—

(a) regulation 19 of, and Schedule 4 to, the Income Support Regulations (applicable amounts for persons in residential care and nursing homes)(2);

(b) regulation 21 of, and paragraphs 1 to 3 of Schedule 7 to, the Income Support Regulations (patients)(3);

(c) regulation 21 of, and paragraphs 10B, 10C and 13 of Schedule 7 to, the Income Support Regulations (persons in residential accommodation)(4).

(1)

Regulation 17 was amended by S.R. 1988 Nos. 193 and 318, S.R. 1989 Nos. 139 and 395, S.R. 1993 Nos. 149 and 393 and S.R. 1996 No. 199. Paragraph 2A was inserted by regulation 2(6) of S.R. 1993 No. 149 and amended by S.R. 1993 Nos. 165, 235 and 373, S.R. 1994 No. 65, S.R. 1997 No. 412 and S.R. 2000 No. 38

(2)

Regulation 19 was amended by S.R. 1988 Nos. 146, 193, 274 and 318, S.R. 1989 No. 395, S.R. 1991 No. 170, S.R. 1993 Nos. 149 and 373, S.R. 1994 Nos. 65, 77 and 327, S.R. 1996 Nos. 93 and 199. Schedule 4 was amended by S.R. 1988 Nos. 146, 318 and 431, S.R. 1989 No. 395, S.R. 1993 Nos. 149 and 373, S.R. 1996 No. 93, S.R. 1997 No. 412, S.R. 1998 No. 2 and S.R. 2000 No. 38

(3)

Regulation 21 was amended by S.R. 1991 Nos. 170 and 345, S.R. 1992 No. 403, S.R. 1993 Nos. 149 and 165, S.R. 1994 Nos. 65, 77, and 266, S.R. 1995 No. 86, S.R. 1996 Nos. 199, 375, 405, 449 and 489, S.R. 1998 No. 81, S.R. 2000 Nos. 38, 71 and 125

(4)

Paragraph 10B was inserted by S.R. 1988 No. 146 and amended by S.R. 1988 No. 318, S.R. 1989 No. 139, S.R. 1990 No. 131, S.R. 1993 No. 149 and S.R. 2000 No. 38. Paragraph 10C was inserted by S.R. 1988 No. 431 and amended by S.R. 1990 No. 131, S.R. 1993 No. 149, S.R. 1996 No. 288 and S.R. 2000 No. 38