The Social Security (Child Maintenance Premium and Miscellaneous Amendments) Amendment Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Social Security (Child Maintenance Premium and Miscellaneous Amendments) Regulations 2000 (S.I. 2000/3176) (“the Child Maintenance Premium Regulations”).

The Child Maintenance Premium Regulations will come into force on the dates on which section 23 of the Child Support, Pensions and Social Security Act 2000 (c. 19) is commenced for different types of cases. The date that section comes into force in respect of a particular case is referred to in regulation 1 of the Child Maintenance Premium Regulations as the “commencement date”. These Regulations have the same provision for their coming into force.

These Regulations substitute a new regulation for regulation 4 of the Child Maintenance Premium Regulations (revocations and transitional provisions) (regulation 2).

New paragraph (1) provides for the revocation of the Social Security (Child Maintenance Bonus) Regulations 1996 (S.I. 1996/3195) (“the Child Maintenance Bonus Regulations”), related amending regulations and the Child Maintenance Bonus (Northern Ireland Reciprocal Arrangements) Regulations 1997 (S.I. 1997/645) (“the Reciprocal Arrangements Regulations”).

New paragraph (2) provides that the Child Maintenance Bonus Regulations and the Reciprocal Arrangements Regulations shall continue to have effect despite their revocation in respect of the following people:

• – a person who had satisfied the work condition in accordance with regulation 3(1)(c) of the Child Maintenance Bonus Regulations (entitlement to a bonus: the work condition) and claimed a child maintenance bonus before the commencement date but whose claim has not been determined before that date;

• – a person to whom regulation 8 of the Child Maintenance Bonus Regulations (retirement) applied before the commencement date, but whose entitlement or, as the case may be, claim has not been determined before that date; and

• – a person who was entitled to claim a child maintenance bonus before the commencement date who claims the bonus after the commencement date, but within the time limits for claiming a bonus in regulation 10 or 11 of the Child Maintenance Bonus Regulations.

New paragraphs (3) and (4) provide that regulations 2 to 6 and 9 to 13 of the Child Maintenance Bonus Regulations and the Reciprocal Arrangements Regulations shall continue to have effect despite their revocation in respect of a person who:

• – has made a claim for a child maintenance bonus before the commencement date but before that date had not satisfied the work condition; or

• – has not claimed a child maintenance bonus before the commencement date, is in receipt of income support or income-based jobseeker’s allowance, has a qualifying child residing with her and is in receipt of child maintenance on the day immediately before the commencement date.

In respect of a person to whom new paragraph (3) applies, regulation 3 of the Child Maintenance Bonus Regulations is modified to provide that that regulation shall only apply to such a person as follows:

• – if the only child being cared for by a person with care dies no later than the day immediately before the commencement date then the person with care has 12 months from the date of death to satisfy the work condition;

• – if the absent parent dies, ceases to reside in the UK, or is found not to be the parent of the child in question no later than the day immediately before the commencement date, the person with care has 12 weeks from the date of the relevant event to satisfy the work condition; or

• – if the person with care or her partner starts work and thereby satisfies the work condition within one month after the commencement date (new paragraph (5)).

In respect of all categories, regulation 4 of the Child Maintenance Bonus Regulations (bonus period) is modified to provide that the bonus period shall end in all cases on the day immediately before the commencement date if it has not already ended before that day (new paragraph (6)).

New paragraph (8) provides that, for the purposes of regulation 4 of the Child Maintenance Premium Regulations, the term “child maintenance” has the meaning given by the Child Maintenance Bonus Regulations.

These Regulations do not impose a charge on business.