The Social Security (Child Maintenance Premium and Miscellaneous Amendments) Regulations 2000

Child maintenance: income support and jobseeker’s allowance

2.—(1) In the Income Support (General) Regulations 1987(1)—

(a) at the end of the definition of “child support maintenance” in regulation 60A(2) (child support: interpretation) there shall be added the words “and shall include any payments made by the Secretary of State in lieu of such payments”; and

(b) at the end of Schedule 9(3) (sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph—

“73.— (1) Subject to sub-paragraph (3), any payment of child maintenance, whether under a court order or not, which is made or due to be made by the parent of a child or young person where that child or young person is a member of the claimant’s family except where that parent is the claimant or the claimant’s partner.

(2) For the purposes of sub-paragraph (1), where more than one payment of child maintenance falls to be taken into account in any week, all such payments shall be aggregated and treated as if they were a single payment.

(3) No more than £10 shall be disregarded in any week pursuant to this paragraph.

(4) In this paragraph, “child maintenance” shall have the same meaning as that prescribed for the purposes of section 74A of the Social Security Administration Act 1992(4) and shall include any payment made by the Secretary of State in lieu of such maintenance.”.

(2) In the Jobseeker’s Allowance Regulations 1996(5)—

(a) at the end of the definition of “child support maintenance” in regulation 125 (child support: interpretation) there shall be added the words “and shall include any payments made by the Secretary of State in lieu of such payments”; and

(b) at the end of Schedule 7(6) (sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph—

“70.— (1) Subject to sub-paragraph (3), any payment of child maintenance, whether under a court order or not, which is made or due to be made by the parent of a child or young person where that child or young person is a member of the claimant’s family except where that parent is the claimant or the claimant’s partner.

(2) For the purposes of sub-paragraph (1), where more than one payment of child maintenance falls to be taken into account in any week, all such payments shall be aggregated and treated as if they were a single payment.

(3) No more than £10 shall be disregarded in any week pursuant to this paragraph.

(4) In this paragraph, “child maintenance” shall have the same meaning as that prescribed for the purposes of section 74A of the Administration Act and shall include any payment made by the Secretary of State in lieu of such maintenance.”.

(1)

S.I. 1987/1967.

(2)

Regulation 60A was inserted by S.I. 1993/846.

(3)

Paragraph 72 was inserted by S.I. 2000/724.

(4)

1992 c. 5. Section 74A was inserted by section 25 of the Child Support Act 1995 (c. 34). “Child maintenance” is defined for the purposes of section 74A in regulation 2 of the Social Security Benefits (Maintenance Payments and Consequential Amendments) Regulations 1996 (S.I. 1996/940).

(5)

S.I. 1996/207.

(6)

Paragraph 69 was inserted by S.I. 2000/724.