The Child Support (Maintenance Assessment Procedure) Regulations 1992

Suspension of a reduced benefit direction when a modified applicable amount is payable

40.—(1) Where a direction is given or is in operation at a time when income support is payable to or in respect of the parent concerned but her applicable amount falls to be calculated under the provisions mentioned in paragraph (3), that direction 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 case falls within paragraph (1) and a direction has been suspended for a period of 52 weeks, it shall cease to be in force.

(3) 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);

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

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