PART 3AMENDMENTS OF SECONDARY LEGISLATION

CHAPTER 2CHILD SUPPORT

Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations 200043

1

The Child Support (Maintenance Calculations and Special Cases) Regulations 2000115 are amended as follows.

2

In regulation 1(2) (interpretation)116—

a

after the definition of “child tax credit”, insert—

  • “contribution-based jobseeker’s allowance” means an allowance under the Jobseekers Act as amended by the provisions of Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act as that Act has effect apart from those provisions;

b

after the definition of “Contributions and Benefits (Northern Ireland) Act”, insert—

  • “contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the Welfare Reform Act 2012 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;

3

In regulation 4 (flat rate)117—

a

in paragraph (2), omit “and” after sub-paragraph (c) and, after sub-paragraph (d) insert—

; and

e

universal credit under Part 1 of the Welfare Reform Act 2012, where the award of universal credit is calculated on the basis that the non-resident parent does not have any earned income

b

after paragraph (3), insert—

4

For the purposes of paragraph (2)(e) and regulation 5(d), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013 (earned income).

4

In regulation 5(d) (nil rate)118 omit “or” after sub-paragraph (i) and after sub-paragraph (ii) insert—

;

iii

in receipt of universal credit under Part 1 of the Welfare Reform Act 2012, where the award of universal credit is calculated on the basis that they do not have any earned income; or

iv

in a case not covered by paragraph (iii), a member of a couple where their partner is in receipt of universal credit under Part 1 of the Welfare Reform Act 2012 and the award of universal credit is calculated on the basis that the non-resident parent does not have any earned income