The Child Support and Income Support (Amendment) Regulations 1995

Amendment of regulation 11 of the Maintenance Assessments and Special Cases Regulations E+W+S

46.—(1) Regulation 11 of the Maintenance Assessments and Special Cases Regulations (protected income) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (1)—

(a) for the words “subject to paragraphs (3) and (4),” there shall be substituted the words “ subject to paragraphs (3), (4) and (6), ”;

(b) in sub-paragraph (b), for the words “regulation 15(5),” there shall be substituted the words “ paragraphs (1), (2) and (9) of regulation 63 of the Housing Benefit Regulations (non-dependant deductions) if he were a non-dependant in respect of whom a calculation were to be made under those paragraphs (disregarding any other provision of that regulation) ”;

(c) for sub-paragraph (j) there shall be substituted the following sub-paragraph—

“(j) where—

(i) the absent parent is, or that absent parent and any partner of his are, the only person or persons resident in, and liable to pay council tax in respect of, the home of which housing costs are included under sub-paragraph (b), the amount of weekly council tax for which he is liable in respect of that home, less any applicable council tax benefit;

(ii) where other persons are resident with the absent parent in, and liable to pay council tax in respect of, the home for which housing costs are included under sub-paragraph (b), an amount representing the share of the weekly council tax in respect of that home applicable to the absent parent, determined by dividing the total amount of council tax due in that week by the number of persons liable to pay it, less any council tax benefit applicable to that share, provided that, if the absent parent is required to pay and pays more than that share because of default by one or more of those other persons, the amount of the purposes of this regulation shall be the amount of weekly council tax the absent parent pays, less any council tax benefit applicable to such amount;”

(d) after sub-paragraph (k) there shall be inserted the following sub-paragraph—

“(kk) an amount in respect of travelling costs determined in accordance with Schedule 3B;”; and

(e) in sub-paragraph (1) for the words “(a) to (k)” there shall be substituted the words “ (a) to (kk) ”.

(3) At the end of head (ii) of sub-paragraph (a) of paragraph (2), the word “and” shall be omitted.

(4) In paragraph (2), after head (ii) of sub-paragraph (a), there shall be inserted the following head—

“(iii) to the extent that it falls under sub-paragraph (b), the income of any child in that family shall not be treated as the income of the parent or his partner and Part IV of Schedule 1 shall not apply; and”.

(5) In sub-paragraph (b) of paragraph (2) for the words “that child’s income” there shall be substituted the words “ that child’s relevant income (within the meaning of paragraph 23 of Schedule 1), there being disregarded any maintenance in payment to or in respect of him, ”.

(6) After paragraph (5) there shall be added the following paragraphs—

“(6) If the application of the above provisions of this regulation would result in the protected income level of an absent parent being less than 70 per centum of his net income, as calculated in accordance with regulation 7, those provisions shall not apply in his case and instead his protected income level shall be 70 per centum of his net income as so calculated.

(7) Where any calculation under paragraph (6) results in a fraction of a penny, that fraction shall be treated as a penny.”.