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The Social Security (Claims and Payments) Amendment Regulations 2001

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Explanatory Note

(This note is not part of the Regulations)

These Regulations provide for the Secretary of State to deduct an amount in respect of certain child support maintenance liabilities from certain social security benefits or war pensions awarded to a beneficiary who is a non-resident parent (or in some cases his partner) and pay it to the person with care. The relevant provisions of the Child Support Act come into force on different dates for different types of cases. Consequently the right to make deductions under these Regulations will take effect on different dates for different types of cases.

Regulation 2 amends the Social Security (Claims and Payments) Regulations 1987 to give effect to the provisions set out in the Schedule. By virtue of regulation 3, the right to deduct under the existing provisions of the Claims and Payments Regulations will be phased out.

The Schedule to these Regulations provides for deduction from specified benefits and payment to the person with care (paragraph 2), deduction of £1 per week in respect of arrears (paragraph 3), apportionment of the amount deducted between persons with care (paragraph 4), deductions limited to £5 where partners (or parties to a polygamous marriage) are liable for flat rate maintenance (paragraphs 5 and 6) and notice requirements (paragraph 7).

These Regulations do not impose any cost on business.

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