1996 No. 1803

FAMILY LAWCHILD SUPPORT
SOCIAL SECURITY

The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996

Made

Coming into force in accordance with regulation 1

Whereas a draft of this instrument was laid before Parliament in accordance with section 52(2) of the Child Support Act 1991M1, section 176(1) of the Social Security Contributions and Benefits Act 1992M2 and under section 37(2) of the Jobseekers Act 1995M3 and approved by resolution of each House of Parliament;

Now, therefore, the Secretary of State for Social Security, in conjunction with the TreasuryM4, in exercise of the powers conferred by sections 11(2), 43(1)(b), 51, 52(4) and 54 of, and paragraphs 1(3) and (5), 2(1), 4(3), 5(1) and (2), 6(2) and 9 of Schedule 1 to, the Child Support Act 1991M5, sections 123(1)(a), (d) and (e), 135(1), 136(4) and (5)(a) and (b), 137(1) and (2)(i), 144(1) and (2), 145(1), 147(1) and 175(1), (3) and (4) of, and paragraph 4 of Schedule 9 to, the Social Security Contributions and Benefits Act 1992M6, sections 1(1), 5(1)(i), 7(1), 27(1)(b), 73(1)(a), 189(1), (3), (4) and (5) and 191 of the Social Security Administration Act 1992M7. and sections 4(5), 12(2) and (4)(a) and (b), 35(1) and 36(1), (2) and (4)(a) of the Jobseekers Act 1995M8 and of all other powers enabling him in that behalf, after consultation, in respect of provisions in these Regulations relating to housing benefit and council tax benefit, with organisations appearing to him to be representative of the authorities concernedM9 and after reference to the Social Security Advisory Committee of proposals in respect of regulations 2 to 6 and 18 to 48M10, hereby makes the following Regulations:—

Annotations:
Marginal Citations
M5

Section 54 is an interpretation provision and is cited because of the meaning assigned to the word “prescribed".

M6

Sections 123, 135 and 137 are amended to have effect in relation to council tax benefit by Schedule 9 to the Local Government Finance Act 1992 (c.14). Sections 137(1) and 147(1) are interpretation provisions and are cited because of the meaning assigned to the word “prescribed".

M7

1992 c.5; section 191 is an interpretation provision and is cited because of the meaning assigned to the word “prescribe".

M8

Section 35(1) is an interpretation provision and is cited because of the meaning assigned to the word “prescribed".

M10

See section 172(1) of the Social Security Administration Act 1992 (c.5).

Citation, commencement and interpretation1

1

These Regulations may be cited as the Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 and shall come into force—

a

for the purposes of regulations 1,F6... on 1st April 1997;

b

for the purposes of regulations 2 to 21 and 37 to 49, on 7th April 1997;

F7c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

Regulations 37 to 41 of these Regulations shall have effect in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after 7th April 1997 which applies in his case and for the purpose of this paragraph, “benefit week" and “claimant" have the same meaning as in regulation 2(1) of the Income Support Regulations.

3

Regulations 42 to 46 of these Regulations shall have effect in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after 7th April 1997 which applies in his case and for the purpose of this paragraph, “benefit week" has the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations M11.

C14

In these Regulations—

“the Adjudication Regulations" means the Social Security (Adjudication) Regulations 1995 M12;

“the Child Benefit Regulations" means the Child Benefit (General) Regulations 1976 M13;

“the Child Benefit Rates Regulations" means the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 M14;

“the Child Support Maintenance Assessments Regulations" means the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 M15;

“the Claims and Payments Regulations" means the Social Security (Claims and Payments) Regulations 1987 M16;

F5...

F5...

“the Income Support Regulations" means the Income Support (General) Regulations 1987 M17;

“the Jobseeker’s Allowance Regulations" means the Jobseeker’s Allowance Regulations 1996 M18;

“the Overlapping Benefits Regulations" means the Social Security (Overlapping Benefits) Regulations 1979 M19.

Amendment of regulation 59 of the Adjudication RegulationsF12

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Amendment of regulation 9 of the Child Benefit RegulationsF33

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Insertion of regulation 9A into the Child Benefit RegulationsF34

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Amendment of regulation 2 of the Child Benefit Rates RegulationsF95

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Revocation of regulation 4 of the Child Benefit Rates RegulationsF106

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Amendment of regulation 1 of the Child Support Maintenance Assessments Regulations7

In regulation 1(2) of the Child Support Maintenance Assessments Regulations (interpretation) M20 after the definition of “the Act" there shall be inserted the following definition—

“Child Benefit Rates Regulations" means the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 M21;

Amendment of regulation 3 of the Child Support Maintenance Assessments Regulations8

In regulation 3(1) of the Child Support Maintenance Assessments Regulations M22 (calculation of AG)—

a

for sub-paragraph (c) there shall be substituted the following sub-paragraph—

c

an amount equal to—

i

the amount specified in paragraph 3(b) of the relevant Schedule; or

ii

where the person with care is a lone parent as defined in regulation 2(1) of the Income Support Regulations, the amount specified in paragraph 3(a) of the relevant Schedule.

b

sub-paragraph (d) shall be omitted.

Annotations:
Marginal Citations
M22

Regulation 3(1) is amended by S.I. 1994/227.

Amendment of regulation 4 of the Child Support Maintenance Assessments Regulations9

In regulation 4 of the Child Support Maintenance Assessments Regulations (basic rate of child benefit) for the words “regulation 2(1) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 M23 (rates of child benefit)" there shall be substituted the words “regulation 2(1)(a)(i) or 2(1)(b) of the Child Benefit Rates Regulations (weekly rate for only, elder or eldest child and for other children)".

Amendment of regulation 6 of the Child Support Maintenance Assessments Regulations10

In regulation 6(2)(b) of the Child Support Maintenance Assessments Regulations M24 (the additional element) for the words “regulation 3(1)(c)" there shall be substituted the words “regulation 3(1)(c)(i)".

Annotations:
Marginal Citations
M24

Regulation 6(2) is amended by S.I. 1995/1045.

Amendment of regulation 9 of the Child Support Maintenance Assessments Regulations11

1

Regulation 9 of the Child Support Maintenance Assessments Regulations M25 (exempt income: calculation or estimation of E) shall be amended in accordance with the following paragraphs.

2

In paragraph (1)—

a

in sub-paragraph (c)—

i

for head (ii) there shall be substituted the following head—

ii

if he were a claimant, the conditions in paragraph 3(a) of the relevant Schedule would be satisfied;

ii

for the words “column 2 of paragraph 15(1) of that Schedule (income support lone parent premium)" there shall be substituted the words “that sub-paragraph";

b

in sub-paragraph (f)—

i

after the words “that parent", there shall be inserted the words “but he is not a lone parent as defined in regulation 2(1) of the Income Support Regulations,";

ii

after the words “specified in", there shall be inserted the words “sub-paragraph (b) of".

3

In paragraph (2)(c)(iv), for the words “3 of the Schedule" there shall be substituted the words “3(b) of the relevant Schedule".

4

In paragraph (3)—

a

for the words “any amounts" there shall be substituted the words “any amount";

b

for the words “and (f)" there shall be substituted the words “or (f)".

Annotations:
Marginal Citations
M25

Regulation 9 is amended by S.I. 1993/913, 1995/1045 and 1995/3261.

Amendment of regulation 11 of the Child Support Maintenance Assessments Regulations12

1

Regulation 11 of the Child Support Maintenance Assessments Regulations M26 (protected income) shall be amended in accordance with the following paragraphs.

2

In paragraph (1)—

a

for sub-paragraph (c) there shall be substituted the following sub-paragraph—

c

where, if the absent parent were a claimant, the conditions in paragraph 3(a) of the relevant Schedule (income support family premium) would be satisfied, an amount equal to the amount specified in that sub-paragraph;

b

in sub-paragraph (f)—

i

after the word “satisfied" there shall be inserted the words “but he is not a lone parent as defined in regulation 2(1) of the Income Support Regulations";

ii

after the words “specified in" there shall be inserted the words “sub-paragraph (b) of".

3

In paragraph (3)—

a

for the words “any amounts" there shall be substituted the words “any amount";

b

for the words “and (f)" there shall be substituted the words “or (f)"; and

c

the words “income support lone parent premium and" shall be omitted.

Annotations:
Marginal Citations
M26

Regulation 11(1) is amended by S.I. 1994/227, 1995/1045 and 1995/3261.

Amendment of regulation 19 of the Child Support Maintenance Assessments Regulations13

In regulation 19(2)(c) of the Child Support Maintenance Assessments Regulations (both parents are absent) for the words “not include any amount mentioned in regulation 3(1)(d) (income support lone parent premium)" there shall be substituted the words “include the amount specified in regulation 3(1)(c)(i) but not the amount specified in regulation 3(1)(c)(ii) (income support family premium)".

Amendment of regulation 23 of the Child Support Maintenance Assessments Regulations14

In regulation 23(2) of the Child Support Maintenance Assessments Regulations M27 (person caring for children of more than one absent parent) for the words “, (c) or (d)" there shall be substituted the words “or (c)".

Annotations:
Marginal Citations
M27

Regulation 23(2) is amended by S.I. 1994/227.

Amendment of regulation 26 of the Child Support Maintenance Assessments Regulations15

In regulation 26(1)(b) of the Child Support Maintenance Assessments Regulations M28 (cases where child support maintenance is not to be payable), in head (ii), for the word “11(1)(f)" there shall be substituted the words “11(1)(c) or (f)".

Annotations:
Marginal Citations
M28

Regulation 26(1) is amended by S.I. 1995/1045.

Amendment of regulation 28 of the Child Support Maintenance Assessments Regulations16

In regulation 28(1)(b) of the Child Support Maintenance Assessments Regulations M29 (amount payable where absent parent is in receipt of income support or other prescribed benefit), for the word “3" there shall be substituted the words “3(a) or (b)".

Annotations:
Marginal Citations
M29

Regulation 28(1) is amended by S.I. 1993/913.

Amendment of Schedule 1 to the Child Support Maintenance Assessments Regulations17

1

Schedule 1 to the Child Support Maintenance Assessments Regulations M30 (calculation of N and M) shall be amended in accordance with the following paragraphs.

2

After sub-paragraph (5) of paragraph 7 there shall be added the following sub-paragraph—

6

Where child benefit in respect of a relevant child is in payment at the rate specified in regulation 2(1)(a)(ii) of the Child Benefit Rates Regulations, the difference between that rate and the basic rate applicable to that child, as defined in regulation 4.

3

In paragraph 20—

a

in head (ii) of sub-paragraph (a), for the words “to (d)" there shall be substituted the words “and (c)";

b

in sub-paragraph (b), for the words “3(1)(c)" there shall be substituted the words “3(1)(c)(i)".

4

For sub-paragraph (a) of paragraph 28 there shall be substituted the following sub-paragraph—

a

if the parent satisfies the conditions for payment of the rate of child benefit specified in regulation 2(1)(a)(ii) of the Child Benefit Rates Regulations, an amount representing the difference between that rate and the basic rate, as defined in regulation 4;

Annotations:
Marginal Citations
M30

Schedule 1 is amended by S.I. 1993/613 and 1995/1045.

Amendment of regulation 2 of the Claims and Payments RegulationsC218

In regulation 2(3) of the Claims and Payments Regulations M31 (treatment as separate benefits), the words from “and so shall" to the end of that paragraph shall be omitted.

Amendment of regulation 9 of the Claims and Payments RegulationsC219

In regulation 9(3) of the Claims and Payments Regulations M32 (interchange of claims for child benefit with claims for other benefits), the words “(except an increase in child benefit)" shall be omitted.

Annotations:
Marginal Citations
M32

Regulation 9(3) is amended by S.I. 1989/136.

Amendment of Schedule 1 to the Claims and Payments RegulationsC220

In Part II of Schedule 1 to the Claims and Payments Regulations (interchange of claims for child benefit with claims for other benefits), the words “Increase in child benefit under regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976" shall be omitted.

Amendment of Schedule 8 to the Claims and Payments RegulationsC221

For paragraph 2(a) of Schedule 8 to the Claims and Payments Regulations M33 (election to have child benefit paid weekly), there shall be substituted the following sub-paragraph—

a

he is a lone parent within the meaning set out in regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 M34, or

Amendment of regulation 10 of the Council Tax Benefit RegulationsF422

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Amendment of regulation 26 of the Council Tax Benefit RegulationsF423

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Amendment of regulation 40 of the Council Tax Benefit RegulationsF424

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Amendment of Schedule 1 to the Council Tax Benefit RegulationsF425

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Amendment of Schedule 3 to the Council Tax Benefit RegulationsF426

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Amendment of Schedule 4 to the Council Tax Benefit RegulationsF427

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Amendment of Schedule 5A to the Council Tax Benefit RegulationsF428

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I1Amendment of regulation 18 of the Housing Benefit RegulationsF429

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Annotations:
Commencement Information
I1

Regulation 29 not in force at Royal Assent see reg. 1; reg. 29 in force for certain purposes at (1.4.1997) by S.I. 1996/1803, reg. 1; reg. 29 in force for other specified purposes at (7.4.1997) by S.I. 1996/1803, {reg. 1)}

Amendment of regulation 35 of the Housing Benefit RegulationsF430

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I2Amendment of regulation 48A of the Housing Benefit RegulationsF431

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Annotations:
Commencement Information
I2

Regulation 31 not in force at Royal Assent see reg. 1; reg. 31 in force for certain purposes at (1.4.1997) by S.I. 1996/1803, reg. 1; reg. 31 in force for other specified purposes at (7.4.1997) by S.I. 1996/1803, {reg. 1)}

I3Amendment of regulation 51 of the Housing Benefit RegulationsF432

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:
Commencement Information
I3

Regulation 32 not in force at Royal Assent see reg. 1; reg. 32 in force for certain purposes at (1.4.1997) by S.I. 1996/1803, reg. 1; reg. 32 in force for other specified purposes at (7.4.1997) by S.I. 1996/1803, {reg. 1)}

Amendment of Schedule 2 to the Housing Benefit RegulationsF433

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Amendment of Schedule 3 to the Housing Benefit RegulationsF434

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Amendment of Schedule 4 to the Housing Benefit RegulationsF435

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Amendment of Schedule 5A to the Housing Benefit RegulationsF436

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Amendment of regulation 42 of the Income Support Regulations37

In regulation 42 of the Income Support Regulations M35 (notional income)—

a

for sub-paragraph (d) of paragraph (2) there shall be substituted the following sub-paragraph—

d

child benefit to which paragraph (2D) refers;

b

after paragraph (2C), there shall be inserted the following paragraph—

2D

This paragraph refers to child benefit payable in accordance with regulation 2(1)(a)(ii) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 M36 (weekly rate for only, elder or eldest child of a lone parent) but only to the extent that it exceeds the amount specified in regulation 2(1)(a)(i) of those Regulations.

Amendment of regulation 57 of the Income Support Regulations38

In regulation 57 of the Income Support Regulations (period over which payments other than periodical payments are to be taken into account), in both head (ii) of paragraph (1)(b) M37 and paragraph (2)(b), the words “and lone parent" shall be omitted.

Annotations:
Marginal Citations
M37

Regulation 57(1)(b) is amended by S.I. 1990/1776.

Amendment of Schedule 2 to the Income Support Regulations39

1

Schedule 2 to the Income Support Regulations (applicable amounts) shall be amended in accordance with the following paragraphs.

2

In Part II (family premium), in paragraph 3 M38, after the words “shall be", there shall be inserted the words—

a

where the claimant is a lone parent and no premium is applicable under paragraph 9, 9A, 10 or 11, £15.75;

b

in any other case,

3

In Part III (premiums)—

a

in paragraph 4 M39, for the words “paragraphs 8" there shall be substituted the words “paragraphs 9";

b

paragraph 8 (lone parent premium) shall be omitted.

4

In Part IV (amounts of premiums), in paragraph 15, the entries in both columns of sub-paragraph (1) (lone parent premium) shall be omitted.

Amendment of Schedule 7 to the Income Support Regulations40

In Schedule 7 to the Income Support Regulations (applicable amounts in special cases)—

F8a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

in Column (2) of paragraph 10C M40 (applicable amounts for lone parents in residential accommodation temporarily), in sub-paragraph (b), the words “, or (d) in so far as that amount relates to the lone parent premium under paragraph 8 of Schedule 2" shall be omitted.

Amendment of Schedule 8 to the Income Support Regulations41

In paragraph 5 of Schedule 8 to the Income Support Regulations M41 (disregard of certain sums in the calculation of a lone parent’s earnings), for the words “lone parent premium under" there shall be substituted the words “family premium under paragraph 3(a) of".

Annotations:
Marginal Citations
M41

Paragraph 5 is amended by S.I. 1988/1445 and 1989/534.

Amendment of regulation 105 of the Jobseeker’s Allowance Regulations42

In regulation 105 of the Jobseeker’s Allowance Regulations (notional income)—

a

for sub-paragraph (c) of paragraph (2), there shall be substituted the following sub-paragraph—

c

child benefit to which paragraph (2A) refers;

b

after paragraph (2), there shall be inserted the following paragraph—

2A

This paragraph refers to child benefit payable in accordance with regulation 2(1)(a)(ii) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 M42 (weekly rate for only, elder or eldest child of a lone parent) but only to the extent that it exceeds the amount specified in regulation 2(1)(a)(i) of those Regulations.

Amendment of regulation 121 of the Jobseeker’s Allowance Regulations43

In regulation 121 of the Jobseeker’s Allowance Regulations (period over which payments other than periodical payments are to be taken into account), in both head (ii) of paragraph (1)(b) and paragraph (2)(b), the words “and lone parent" shall be omitted.

Amendment of Schedule 1 to the Jobseeker’s Allowance Regulations44

1

Schedule 1 to the Jobseeker’s Allowance Regulations (applicable amounts) shall be amended in accordance with the following paragraphs.

2

In Part II (family premium), in paragraph 4, after the words “shall be", there shall be inserted the words—

a

where the claimant is a lone parent and no premium is applicable under paragraph 10, 11, 12 or 13, £15.75;

b

in any other case,

3

In Part III (premiums)—

a

in paragraph 5, for the words “paragraphs 9" there shall be substituted the words “paragraphs 10";

b

paragraph 9 (lone parent premium) shall be omitted.

4

In Part IV (amounts of premiums), in paragraph 20, the entries in both columns of sub-paragraph (1) (lone parent premium) shall be omitted.

Amendment of Schedule 5 to the Jobseeker’s Allowance Regulations45

In the entry in paragraph (b) of column (2) of paragraph 9 of Schedule 5 to the Jobseeker’s Allowance Regulations (applicable amount for lone parents who are in residential accommodation temporarily), for the words “regulation 83(d), (e) or (f) in so far as that amount relates to the lone parent premium under paragraph 9 of Schedule 1" there shall be substituted the words “regulation 83(d) or (f)".

Amendment of Schedule 6 to the Jobseeker’s Allowance Regulations46

In paragraph 6 of Schedule 6 to the Jobseeker’s Allowance Regulations (disregard of certain sums in the calculation of a lone parent’s earnings), for the words “lone parent premium under" there shall be substituted the words “family premium under paragraph 4(a) of".

Amendment of regulation 8 of the Overlapping Benefits Regulations47

In regulation 8 of the Overlapping Benefits Regulations M43 (adjustment of benefit or increase in benefit by reference to child benefit)—

a

for paragraphs (2) and (3) there shall be substituted the following paragraphs—

2

Where child benefit is payable to a beneficiary at the rate for the time being specified in regulation 2(1)(a)(ii) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 M44 (in this regulation referred to as the “Child Benefit Rates Regulations") (weekly rate for only, elder or eldest child of a lone parent) and for the same period, in respect of the same child, any benefit or increase in benefit under the Contributions and Benefits Act is or would be payable to a beneficiary, the weekly rate of that benefit or increase thereof shall be reduced by—

a

in a case where that benefit is guardian’s allowance payable to any person under section 77 of that Act, an amount equal to the amount, less £0.75, by which the rate is specified in regulation 2(1)(a)(i) of the Child Benefit Rates Regulations (weekly rate for only, elder or eldest child) exceeds the rate specified in regulation 2(1)(b) of those Regulations (weekly rate for other children); and

b

in any other case, an amount equal to the amount, less £0.75, by which the rate specified in regulation 2(1)(a)(ii) of the Child Benefit Rates Regulations exceeds the rate specified in regulation 2(1)(b) of those Regulations.

3

Subject to paragraph (6) of this regulation, where child benefit is payable to a beneficiary at the rate for the time being specified in regulation 2(1)(a)(i) of the Child Benefit Rates Regulations (weekly rate for only, elder or eldest child) and for the same period, in respect of the same child, any benefit or increase in benefit under the Contributions and Benefits Act is or would be payable to a beneficiary, the weekly rate of that benefit or increase thereof shall be reduced by an amount equal to the amount, less £0.75, by which the rate specified in regulation 2(1)(a)(i) of the Child Benefit Rates Regulations exceeds the rate specified in regulation 2(1)(b) of those Regulations.

b

paragraphs (4), (5) and (7) shall be omitted.

Transitional provision relating to applications for review48

Where an applicant for a review of a decision relating to child benefit—

a

makes his application on or before 7th October 1997; and

b

in respect of any week or weeks prior to 7th April 1997 but no more than 26 weeks before the date of the application referred to in paragraph (a) of this regulation (“the relevant period"), would have satisfied the conditions, as were then in force, in regulation 2(2) of the Child Benefit Rates Regulations relating to an increase in the weekly rate of child benefit; and

c

was not in receipt of an increase in the weekly rate of child benefit under regulation 2(2) of those Regulations in respect of the relevant period,

that application for review shall be treated, in addition, as if it were a claim for an increase in the weekly rate of child benefit under regulation 2(2) of those Regulations in respect of the relevant period.

F2Transitional provision relating to maintenance assessments49

1

A decision with respect to a maintenance assessment in force on 7th April 1997 shall not be superseded by a decision under section 17 of the Child Support Act 1991 (“ the Act ”) solely to give effect to these Regulations.

2

These Regulations shall apply to a fresh maintenance assessment made by virtue of—

a

a revision under section 16 of the Act of a decision with respect to a maintenance assessment; or

b

a decision under section 17 of the Act which supersedes a decision with respect to a maintenance assessment,

as from the effective date of that revision under section 16 of the Act or, as the case may be, decision under section 17 of the Act.

Signed by authority of the Secretary of State for Social Security.

A J B MitchellParliamentary Under-Secretary of State,Department of Social Security

We consent,

Simon Burns Liam FoxTwo of the Lords Commissioners of Her Majesty’s Treasury

(This note is not part of the Regulations)

These Regulations, in particular regulation 5, amend the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (S.I. 1976/1267) (“the Child Benefit Rates Regulations") so as to specify a composite rate of child benefit to be payable in respect of the only, elder or eldest child of a lone parent rather than two distinct rates.

These Regulations also make certain other amendments which are consequential on, or relate to, the above—

—they amend the Social Security (Adjudication) Regulations 1995 (S.I. 1995/1801) by reducing the time limit for submitting applications for review of decisions relating to child benefit (regulation 2);

—they omit a transitional provision in the Child Benefit Rates Regulations which is no longer necessary (regulation 6);

—they make consequential amendments to the Child Support (Maintenance Assessment and Special Cases) Regulations 1992 (S.I. 1992/1815) (regulations 7, 9 and 17) and to the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968) (regulations 18 to 21);

—they amend the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814) and the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) so as to provide that a claimant is treated as possessing certain child benefit and that certain child benefit is disregarded in the calculation of income other than earnings in certain circumstances (regulations 23, 27(b), 30 and 35(b));

—they amend provisions in the Income Support (General) Regulations 1987 (S.I. 1987/1967) and the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207) relating to the calculation of notional income in so far as it relates to the new composite rate of child benefit (regulations 37 and 42);

—they amend the Social Security (Overlapping Benefits) Regulations 1979 (S.I. 1979/597) so as to provide for the reduction of awards of certain benefits and increases in those benefits where child benefit is being paid in respect of the only, elder or eldest child of a lone parent (regulation 47).

Regulations 48 and 49 are transitional provisions relating respectively to the treatment of applications for review of decisions relating to child benefit made on or before 7th October 1997 and of maintenance assessments for child support which are in force on 7th April 1997.

These Regulations also replace the premium which is applicable in relation to lone parents in receipt of council tax benefit (regulations 22, 24 to 27(a) and 28), housing benefit (regulations 29, 31 to 35(a) and 36), income support (regulations 38 to 41) and jobseeker’s allowance (regulations 43 to 46), with an additional element to the family premium. They also provide for consequential amendments both elsewere in the relevant regulations relating to those benefits and in the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 (regulations 8 and 10 to 16) in connection with this change.

These Regulations also make amendments to the Child Benefit (General) Regulations 1976 (S.I. 1976/965) which are unrelated to the above. In particular, they provide that unmarried partners shall not be entitled to child benefit in any week where they are exempt from United Kingdom income tax (regulation 3) and that no person shall be entitled to child benefit in respect of a child who, in any week, is living with another person as his spouse (regulation 4). Transitional protection is also provided for in both cases.

The Report of the Social Security Advisory Committee dated 2nd May 1996 on the proposals referred to them in respect of regulations 2 to 6 and 18 to 48 of these Regulations, together with a statement showing the extent to which those Regulations give effect to the Recommendations of the Committee, and in so far as they do not give effect to them, the reasons why not, are contained in Command Paper Cm. 3296, published by Her Majesty’s Stationery Office.

These Regulations do not impose a charge on business.