The Social Security (Child Maintenance Premium and Miscellaneous Amendments) Regulations (Northern Ireland) 2001

Child maintenance: income support and jobseeker’s allowance

2.—(1) In the Income Support (General) Regulations (Northern Ireland) 1987(1)—

(a) in regulation 60A(2) (interpretation) at the end of the definition of “child support maintenance” there shall be added “and shall include any payments made by the Department in lieu of such payments”; and

(b) in Schedule 9 (sums to be disregarded in the calculation of income other than earnings) after paragraph 68(3) there shall be added the following paragraph—

“69.— (1) Subject to sub-paragraph (3), any payment of child maintenance, whether under a court order or not, which is made or due to be made by the parent of a child or young person where that child or young person is a member of the claimant’s family except where that parent is the claimant or the claimant’s partner.

(2) For the purposes of sub-paragraph (1), where more than one payment of child maintenance 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 any week pursuant to this paragraph.

(4) In this paragraph, “child maintenance” shall have the same meaning as that prescribed for the purposes of section 72A of the Social Security Administration (Northern Ireland) Act 1992(4) and shall include any payment made by the Department in lieu of such maintenance.”.

(2) In the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(5)—

(a) in regulation 125 (interpretation) at the end of the definition of “child support maintenance” there shall be added “and shall include any payments made by the Department in lieu of such payments”; and

(b) in Schedule 6 (sums to be disregarded in the calculation of income other than earnings) after paragraph 65(6) there shall be added the following paragraph—

“66.— (1) Subject to sub-paragraph (3), any payment of child maintenance, whether under a court order or not, which is made or due to be made by the parent of a child or young person where that child or young person is a member of the claimant’s family except where that parent is the claimant or the claimant’s partner.

(2) For the purposes of sub-paragraph (1), where more than one payment of child maintenance 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 any week pursuant to this paragraph.

(4) In this paragraph, “child maintenance” shall have the same meaning as that prescribed for the purposes of section 72A of the Administration Act and shall include any payment made by the Department in lieu of such maintenance.”.

(1)

S.R. 1987 No. 459; relevant amending regulations are S.R. 1993 No. 167 and S.R. 1999 No. 381

(2)

Regulation 60A was inserted by regulation 4 of S.R. 1993 No. 167

(3)

Paragraph 68 was added by regulation 2(10) of S.R. 1999 No. 381

(4)

1992 c. 8; section 72A was inserted by Article 18 of the Child Support (Northern Ireland) Order 1995. “Child maintenance” is defined for the purposes of section 72A in regulation 2 of S.R. 1996 No. 202

(5)

S.R. 1996 No. 198; relevant amending regulations are S.R. 1999 No. 342

(6)

Paragraph 65 was added by regulation 6(4) of S.R. 1999 No. 342