The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2003

Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992

4.—(1) The Child Support (Maintenance Assessments and Special Cases) Regulations 1992(1) shall be amended in accordance with the following paragraphs.

(2) In regulation 1(2) (citation, commencement and interpretation)(2)—

(a) in the definition of “home”, for “a residential care home or a nursing home” substitute “a care home or an independent hospital or to the provision of a care home service or an independent health care service”;

(b) omit the definitions of “nursing home” and “residential care home”;

(c) after the definition of “the Act” insert—

““care home” has the meaning assigned to it by section 3 of the Care Standards Act 2000;

“care home service” has the meaning assigned to it by section 2(3) of the Regulation of Care (Scotland) Act 2001;”;

(d) after the definition of “Income Support Regulations” insert—

““independent health care service” has the meaning assigned to it by section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001;

“independent hospital” has the meaning assigned to it by section 2 of the Care Standards Act 2000;”; and

(e) after the definition of “self-employed earner” insert—

““state pension credit” means the social security benefit of that name payable under the State Pension Credit Act 2002;”(3).

(3) In regulation 9(1) (exempt income: calculation or estimation of E)(4), for paragraph (h) substitute—

“(h) where the absent parent or his partner is resident in a care home or an independent hospital or is being provided with a care home service or an independent health care service, the amount of fees paid in respect of that home, hospital or service, as the case may be, but where it has been determined that the absent parent in question or his partner is entitled to housing benefit in respect of fees for that home, hospital or service, as the case may be, the net amount of such fees after deduction of housing benefit;”.

(4) After regulation 10A (assessable income: working tax credit paid to or in respect of a parent with care or an absent parent)(5) insert—

“Assessable income: state pension credit paid to or in respect of a parent with care or an absent parent

10B.   Where state pension credit is paid to or in respect of a parent with care or an absent parent, that parent shall, for the purposes of Schedule 1 to the Act, be taken to have no assessable income.”.

(5) In regulation 11(1) (protected income)(6), for paragraph (i) substitute—

“(i) where the absent parent or his partner is resident in a care home or an independent hospital or is being provided with a care home service or an independent health care service, the amount of fees paid in respect of that home, hospital or service, as the case may be, but where it has been determined that the absent parent in question or his partner is entitled to housing benefit in respect of fees for that home, hospital or service, as the case may be, the net amount of such fees after deduction of housing benefit;”.

(6) In Schedule 1 (calculation of N and M)(7)—

(a) in paragraph 9A(2) after “war widow’s pension” insert “and a war widower’s pension”; and

(b) in paragraph 22(1B)(2) after “war widow’s pension” insert “and a war widower’s pension”.

(7) In Schedule 2 (amounts to be disregarded when calculating or estimating N and M)(8)—

(a) in paragraph 15 after “income support” insert “, state pension credit”;

(b) in paragraph 18(a) and (b)(ii) after “war widow’s pension” insert “or war widower’s pension”;

(c) for paragraph 48E substitute—

“48E.   Any payment made by a local authority, or by the National Assembly for Wales, to a person relating to a service which is provided to develop or sustain the capacity of that person to live independently in his accommodation.”; and

(d) after paragraph 48E add—

“48F.   Any supplementary pension under article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (pensions to widows and widowers)(9) or under article 27(3) of the Personal Injuries (Civilians) Scheme 1983 (pensions to widows and widowers)(10).”.

(1)

S.I. 1992/1815, which is revoked, with savings, by S.I. 2001/155.

(2)

Relevant amending instrument is S.I. 1999/1510 (C.43).

(3)

2002 c. 16.

(4)

Relevant amending instruments are S.I. 1995/1045 and 3261, 1996/1803 and 1945, 1998/58, 2002/1204 and 2003/328.

(5)

Regulation 10A was inserted by S.I. 1996/3196. Relevant amending instruments are S.I. 1999/1510 (C.43) and 2003/328.

(6)

Relevant amending instruments are S.I. 1994/227, 1995/1045 and 3261, 1996/1803 and 1945, 1998/58 and 2003/328.

(7)

Relevant amending instruments are S.I. 1993/913, 1995/1045, 1996/1345, 1803, 1945 and 3196, 1998/58, 1999/977 and 1510 (C.43) and 2003/328.

(8)

Relevant amending instruments are S.I. 1993/913, 1995/1045 and 3261, 1996/481, 1345 and 3196, 1998/58, 1999/977 and 2003/328.

(9)

S.I. 1983/883. Article 29(1A) was inserted by S.I. 1994/1906. Relevant amending instruments are S.I. 2002/792 and 2003/434.

(10)

S.I. 1983/686. Article 27(3) was added by S.I. 1994/2021. Relevant amending instrument is S.I. 2002/672.