The Social Security (Child Maintenance Premium) Amendment Regulations 2004

Amendment of the Income Support (General) Regulations 1987

2.  For paragraph 73 of Schedule 9 to the Income Support (General) Regulations 1987(1) (sums to be disregarded in the calculation of income other than earnings) there shall be substituted the following paragraph—

“73.— (1) Subject to sub-paragraph (3), any payment of child maintenance where the child or young person in respect of whom the payment is made is a member of the claimant’s family except where the person making the payment is the claimant or the claimant’s partner.

(2) For the purposes of sub-paragraph (1), where more than one payment of child maintenance—

(a) in respect of more than one child or young person; or

(b) made by more than one person in respect of a child or young person,

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 respect of each week to which any payment of child maintenance is attributed in accordance with regulations 28, 29, 31 and 32(2) (calculation of income) or regulations 60B to 60D(3) (treatment of child support maintenance).

(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) (payment of benefit where maintenance payments collected by Secretary of State) and shall include any payment made by the Secretary of State in lieu of such maintenance.”.

(1)

S.I. 1987/1967; paragraph 73 is added by S.I. 2000/3176.

(2)

Regulations 28, 29, 31 and 32 were amended by S.I. 1988/663, 1445, 2022, 1989/1323, 1990/547, 1991/1559, 1995/482, 1996/206, 1997/65, 1998/563, 1999/2556, 2000/681, 1981 and 2402.

(3)

Regulations 60B to 60D were inserted by S.I. 1993/846 and amended by S.I. 1996/940, 1944 and 2001/158.

(4)

1992 c. 5. Section 74A was inserted by section 25 of the Child Support Act 1995 (c. 34). The meaning of “child maintenance” is prescribed by S.I. 1996/940, as amended by S.I. 2001/158.