The Social Security (Child Maintenance Bonus) Regulations 1996

Bonus Period

4.—(1) A bonus period comprises only days falling on or after 7th April 1997 on which—

(a) the applicant or, where the applicant has a partner, her partner is entitled to, or is treated as entitled to a qualifying benefit whether it is payable or not;

(b) the applicant has residing with her a qualifying child; and

(c) child maintenance is either—

(i) taken into account in determining the amount of the applicant’s income for the purposes of the qualifying benefit; or

(ii) retained by the Secretary of State in accordance with section 74A(3) of the Social Security Administration Act 1992(1).

(2) Any two or more bonus periods separated by any one connected period shall be treated as one bonus period

(3) For the purposes of these Regulations, “a connected period” is—

(a) any period of not more than 12 weeks falling between two bonus periods to which paragraph (1) refers;

(b) any period of not more than 12 weeks throughout which—

(i) no qualifying child resides with the applicant; or

(ii) the applicant ceases to be entitled to a qualifying benefit on becoming one of a couple and the couple fail to satisfy the conditions of entitlement to a qualifying benefit; or

(c) any period throughout which maternity allowance is payable to the applicant; or

(d) any period of not more than 2 years throughout which incapacity benefit, severe disablement allowance or invalid care allowance is payable to the applicant.

(4) In calculating any period for the purposes of paragraph (3) no regard shall be had to any day which falls before 7th April 1997.

(5) Bonus periods separated by two or more connected periods shall not link to form a single bonus period but shall instead remain separate bonus periods.

(6) Where a qualifying child is temporarily absent for a period not exceeding 12 weeks from the home he shares with the applicant, the applicant shall be treated as satisfying the requirements of paragraph (1)(b) throughout that absence.

(7) A bonus period which would, but for this paragraph, have continued shall end—

(a) where the applicant or, where the applicant has a partner, her partner, satisfies the work condition and claims a bonus, on the last day of entitlement to a qualifying benefit to which any award made on that claim applies; or

(b) where the person with the care of the child or her partner dies, on the date of death.

(1)

Section 74A was inserted by the Child Support Act 1995 (c. 34) section 25.