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Amendment of the Income Support (General) Regulations

2.  In Schedule 9 to the Income Support Regulations (sums to be disregarded in the calculation of income other than earnings) after paragraph 5B(1) insert—

5C.(1) £1.20 in relation to each week in which child benefit is payable to the claimant at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible.

(2) 65 pence in relation to each week in which child benefit is payable to the claimant other than at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible (and if there is more than one, 65 pence in relation to each such child or young person).

(3) This paragraph does not apply to a claimant in relation to whom regulation 2 of, and Schedule 1 to, the Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003(2) has effect.

(4) In sub-paragraphs (1) and (2)—

“claimant” includes a partner of the claimant;

“child” and “qualifying young person” have the meanings given in section 138(3) of the Contributions and Benefits Act;

“treated as responsible” is to be construed in accordance with section 139(4) of the Contributions and Benefits Act;

“the enhanced rate” has the meaning given in regulation 2(1)(a) of the Child Benefit (Rates) Regulations 2006(5)..

(1)

Paragraph 5B was inserted by paragraph 23(b) of Schedule 1 to S.R. 2003 No. 195

(3)

Section 138 was substituted by section 2(2) of the Child Benefit Act 2005 c. 6

(4)

Section 139 was amended by paragraph 35 of Schedule 1 to the Child Benefit Act 2005

(5)

S.I. 2006/965; regulation 2 was amended by S.I. 2008/797