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

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Suspension of a reduced benefit decision when a modified applicable amount is payable (income-based jobseeker’s allowance)

15.—(1) Where a reduced benefit decision is given or is in operation at a time when an income-based jobseeker’s allowance 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 reduced benefit decision shall be suspended for so long as the applicable amount falls to be calculated under those provisions, or 52 weeks, whichever is the shorter.

(2) Where a reduced benefit decision is given or is in operation at a time when an income-based jobseeker’s allowance is payable to, or in respect of, the parent concerned but that parent’s applicable amount includes a residential allowance under regulation 83(c) of, and paragraph 3 of Schedule 1 to, the Jobseeker’s Allowance Regulations (persons in residential care or nursing homes)(1), that reduced benefit decision shall be suspended for so long as the applicable amount includes such a residential allowance, or 52 weeks, whichever 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 85 of, and paragraph 1 or 2 of Schedule 4 to, the Jobseeker’s Allowance Regulations (patients)(2);

(b)regulation 85 of, and paragraphs 8, 9 or 15 of Schedule 4 to, the Jobseeker’s Allowance Regulations (persons in residential accommodation)(3); or

(c)regulation 86 of, and Schedule 3 to, the Jobseeker’s Allowance Regulations (applicable amounts for persons in residential care and nursing homes)(4).

(1)

Paragraph 3 was amended by S.R. 1997 No. 412 and S.R. 2000 No. 38

(2)

Regulation 85 was amended by S.R. 1996 Nos. 356 and 503, S.R.1997 No. 130, S.R. 1998 No. 81, S.R. 2000 Nos. 71 and 125 and paragraphs 1 and 2 of Schedule 4 were amended by S.R. 2000 No. 38

(3)

Paragraphs 8 and 9 were amended by S.R. 2000 No. 38

(4)

Schedule 3 was amended by S.R. 1998 No. 2, S.R. 1999 No. 428 (C.32) and S.R. 2000 No. 38

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