The Social Security (Child Maintenance Bonus) Regulations 1996

Made: 18th December 1996

Coming into force: 7th April 1997

Whereas a draft of this instrument was laid before Parliament in accordance with section 26(5) of the Child Support Act 1995 and approved by resolution of each House of Parliament;

Now, therefore, the Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 10 and 26(1) to (3) of the Child Support Act 1995, sections 5(1)(p), 6(1)(q), 71(8), 78(2), 189(1), (3) and (4) and 191 of the Social Security Administration Act 1992, sections 136(5)(b), 137(1) and 175(1) and (3) of the Social Security Contributions and Benefits Act 1992 and of all other powers enabling him in that behalf, by this instrument, which contains only regulations made by virtue of, or consequential upon, section 10 of the Child Support Act 1995 and which is made before the end of a period of 6 months beginning with the coming into force of that provision, hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Social Security (Child Maintenance Bonus) Regulations 1996 and shall come into force on 7th April 1997.

• (2) In these Regulations—

• “the Act" means the Child Support Act 1995;

• “applicant", except where regulation 8 (retirement) applies, means the person claiming the bonus;

• “appropriate office" means an office of the Department for Work and Pensions;

• “benefit week"—where the relevant benefit is income support, has the meaning it has in the Income Support (General) Regulations 1987 by virtue of regulation 2(1) of those Regulations; orwhere the relevant benefit is a jobseeker’s allowance, has the meaning it has in the Jobseeker’s Allowance Regulations 1996 by virtue of regulation l(3) of those Regulations;

• “bonus" means a child maintenance bonus;

• “bonus period" comprises the days specified in regulation 4;

• “child maintenance” means maintenance in any of the following forms—child support maintenance paid or payable;maintenance paid or payable by an absent parent to a person with care of a qualifying child, under an agreement (whether enforceable or not) between them, or by virtue of an order of a court; ormaintenance deducted from any benefit payable to an absent parent who is liable to maintain a qualifying child,which, as the case may be, is paid, payable or deducted on or after 1st April 1998, but does not include any maintenance paid or payable in respect of a former partner.

• “couple” means—two people who are married to, or civil partners of, each other and are members of the same household; ortwo people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners; “income-based jobseeker’s allowance" has the same meaning as in the Jobseekers Act by virtue of section 1(4) of that Act;

• “the Jobseekers Act" means the Jobseekers Act 1995 ;

• “jobseeker’s allowance" means an income-based Jobseeker’s allowance;

• “partner" means where a person, whether an applicant or otherwise,—is a member of a couple, the other member of that couple;is married polygamously to two or more members of his household, any such member; oris a member of a marriage to which section 133(1)(b) of the Social Security Contributions and Benefits Act 1992 (polygamous marriages) refers and the other party to the marriage has one or more additional spouses, the other party;

• “work condition" means the condition specified at regulation 3(1)(c).

• (3) Expressions used in these Regulations and in the Child Support Act 1991 have the same meaning in these Regulations as they have in that Act

• (4) For the purposes of these Regulations, the qualifying benefits are a jobseeker’s allowance and income support.

• (5) In these Regulations, where—

• (a) a payment is made in any benefit week by an absent parent to a person with care;

• (b) the absent parent pays both child maintenance and maintenance for the person with care; and

• (c) there is no evidence as to which form of maintenance that payment is intended to represent,

the first £5 of any such payment or, where the amount of payment is less than £5, that amount shall be treated as if it was a payment of child maintenance.

• (6) For the purposes of these Regulations, child maintenance is treated as payable where it is paid under an agreement which is not enforceable

• (7) Where a person is entitled to a qualifying benefit on any day but no qualifying benefit is payable to her in respect of that day, that person shall be treated for the purposes of these Regulations other than regulation 4 (bonus period) as not entitled to a qualifying benefit for that day

• (8) In these Regulations, unless the context otherwise requires, a reference—

• (a) to a numbered section is to the section of the Act bearing that number;

• (b) to a numbered regulation is to the regulation in these Regulations bearing that number;

• (c) in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number;

• (d) in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

Application of the Regulations

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• (1) Subject to paragraph (2), these Regulations apply only in a case where on or after 7th April 1997 an absent parent has paid child maintenance in respect of a qualifying child and that maintenance has been—

• (a) taken into account in determining the amount of a qualifying benefit payable to the person with care or the partner of that person; or

• (b) retained by the Secretary of State in accordance with section 74A(3) of the Social Security Administration Act 1992 (payment of benefit where maintenance payments are collected by the Secretary of State) .

• (2) Regulation 6 (Secretary of State to issue estimates) applies also where a child maintenance assessment has been made but no maintenance has been paid.

• (3) No day falling before 7th April 1997 shall be taken into account in determining whether any condition specified in these Regulations is satisfied or whether any period specified in these Regulations commenced.

Entitlement to a Bonus

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• (1) An applicant is entitled to a bonus where—

• (a) she has claimed a bonus in accordance with regulation 10 (claiming a bonus);

• (b) the claim relates to days falling within a bonus period;

• (c) except where paragraph (2) applies, she satisfies the work condition, that is to say, she or her partner takes up or returns to work or increases the number of hours in which in any week she or her partner is engaged in employment or the earnings from an employment in which she or her partner are engaged is increased;

• (d) as a result of satisfying the work condition any entitlement to a qualifying benefit in respect of herself and, where she has a partner, her family ceases;

• (e) in a case where the qualifying benefit which ceased—

• (i) was income support, the person with care has not reached the day before her 60th birthday;

• (ii) was a jobseeker’s allowance, the person with care has not reached the day before she attains pensionable age,

at the time the work condition is satisfied; and the work condition is satisfied within a period of 14 days following the last day in respect of which a qualifying benefit is payable.

• (f) the work condition is satisfied within the period of—

• (i) in a case where an applicant with care cares for one child only and that child dies, 12 months immediately following the date of death;

• (ii) in a case where the absent parent has—

• (aa) died;

• (bb) ceased to be habitually resident in the United Kingdom; or

• (cc) has been found not to be the parent of the qualifying child or children,

12 weeks immediately following the first date on which any of those events occurs;

• (iii) in any other case, 14 days immediately following the day on which the bonus period applying to the applicant comes to an end.

• (1A) In the case of an applicant who satisfies the requirements of paragraph (1)(f) but whose entitlement, or whose partner’s entitlement, to a qualifying benefit ceased otherwise than as a result of satisfying the work condition, for sub-paragraph (d) of paragraph (1) there shall be substituted the following sub-paragraph—

(d) had the work condition been satisfied on the day she, or her partner, was last entitled to a qualifying benefit, that entitlement would as a consequence have ceased.

• (2) A person who is absent from work because of a trade dispute at her place of work and returns to work with the employer she worked for before the dispute began, does not thereby satisfy the requirements of paragraph (1)(c).

• (3) In paragraph (2), “place of work", in relation to any person, means the premises at which she was employed.

• (4) An applicant is also entitled to a bonus where she satisfies the requirements specified in regulation 8 (retirement).

Bonus Period

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• (1) A bonus period comprises only days falling on or after 7th April 1997, other than days to which paragraph (9) applies, on which—

• (a) the applicant or, where the applicant has a partner, her partner is entitled to, or is treated as entitled to a qualifying benefit whether it is payable or not;

• (b) the applicant has residing with her a qualifying child; and

• (c) child maintenance is either—

• (i) paid or payable to the applicant; or

• (ii) retained by the Secretary of State in accordance with section 74A(3) of the Social Security Administration Act 1992 .

• (2) Any two or more bonus periods separated by any one connected period shall be treated as one bonus period

• (3) For the purposes of these Regulations, “a connected period" is—

• (a) any period of not more than 12 weeks falling between two bonus periods to which paragraph (1) refers;

• (b) any period of not more than 12 weeks throughout which—

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ii) the applicant ceases to be entitled to a qualifying benefit on becoming one of a couple and the couple fail to satisfy the conditions of entitlement to a qualifying benefit; or

• (c) any period throughout which maternity allowance is payable to the applicant; or

• (d) any period of not more than 2 years throughout which incapacity benefit, severe disablement allowance or a carer’s allowance is payable to the applicant.

• (4) In calculating any period for the purposes of paragraph (3) no regard shall be had to any day which falls before 7th April 1997.

• (5) Bonus periods separated by two or more connected periods shall not link to form a single bonus period but shall instead remain separate bonus periods.

• (6) Where a qualifying child is temporarily absent for a period not exceeding 12 weeks from the home he shares with the applicant, the applicant shall be treated as satisfying the requirements of paragraph (1)(b) throughout that absence.

• (7) A bonus period which would, but for this paragraph, have continued shall end—

• (a) where the applicant or, where the applicant has a partner, her partner, satisfies the work condition and claims a bonus, on the last day of entitlement to a qualifying benefit to which any award made on that claim applies; or

• (b) on the date of death of a person with care of a qualifying child to whom child maintenance is payable.

• (8) In paragraphs (1)(c)(i) and (9) “claimant”—

• (a) where the qualifying benefit is income support, means a person who claims income support; and

• (b) where the qualifying benefit is a jobseeker’s allowance, means a person who claims a jobseeker’s allowance.

• (9) This paragraph applies to days on which the claimant is a person to whom—

• (a) regulation 70 of the Income Support (General) Regulations 1987 (urgent cases) applies other than by virtue of paragraph (2)(a) of that regulation (certain persons from abroad), or

• (b) regulation 147 of the Jobseeker’s Allowance Regulations 1996 applies other than by virtue of paragraph (2)(a) of that regulation.

Amount payable

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• (1) The amount of the bonus shall be—

• (a) subject to the following provisions of this regulation, a sum representing the aggregate of—

• (i) £5 for each benefit week in the bonus period in which the amount of child maintenance payable was not less than £5; and

• (ii) where in any benefit week in the bonus period the amount of child maintenance payable was less than £5, the amount that was payable;

• (b) the amount of the child maintenance paid in the bonus period; or

• (c) £1,000,

whichever amount is the least

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) So much of any child maintenance paid in excess of the amount either—

• (a) declared for the purposes of determining the amount of qualifying benefit payable to the applicant or her partner; or

• (b) retained by the Secretary of State in accordance with section 74A(3) of the Social Security Administration Act 1992,

shall be disregarded in determining the amount payable under paragraph (1).

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Where but for this paragraph the amount of bonus payable in accordance with paragraph (1) would be less than £5, the amount of the bonus shall be Nil.

Secretary of State to issue estimates

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• (1) Where it appears to the Secretary of State that a person with care, or the partner of such a person, may satisfy the requirements of regulation 3 (entitlement to a bonus) he may issue to that person a written statement of the amount he estimates may be payable by way of a bonus in his particular case, and may provide such further statements as appear appropriate in the circumstances, stating the amount he estimates may be payable.

• (2) The issue by the Secretary of State of a statement under paragraph (1) shall not be binding on the adjudication officer when he makes his determination on a claim for a bonus as t0—

• (a) whether the applicant satisfies the conditions of entitlement to the bonus; and

• (b) the amount, if any, payable where the bonus is awarded.

Death of a person with care of a child

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• (1) In a case where—

• (a) the person (A) with care of a qualifying child to whom child maintenance is payable dies;

• (b) on the date of her death, the person (A) was entitled or, where she has a partner, her partner was entitled to a qualifying benefit or had been so entitled within the 12 weeks ending on the date of her death;

• (c) after the death, another person (B), who is a close relative of the person (A) and who was not before the death a person with the care of the child, becomes the person with care; and

• (d) that other person was entitled or, where the other person has a partner, the other person or her partner was entitled to a qualifying benefit on the day the person (A) died or becomes entitled to a qualifying benefit within 12 weeks of the day on which the person (A) was last entitled to a qualifying benefit,

then any weeks forming part of the bonus period of the person (A) which was current at the date of her death or within 12 weeks of the date on which she died shall be treated as part of the bonus period of the person (B) to the extent that those weeks are not otherwise a part of her bonus period.

• (2) In this Regulation, “close relative" means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or if any of the preceding persons is one member of a couple, the other member of that couple.

Retirement

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• (1) In a case where the person with care of the child in respect of whom child maintenance is payable (the applicant) or the applicant’s partner, either—

• (a) is entitled to income support on the day before the applicant attains the age of 60; or

• (b) is entitled to a jobseeker’s allowance on the day before the applicant attains pensionable age,

the bonus period shall end on the day before the applicant attains 60 or, as the case may be, pensionable age and a bonus shall become payable to the applicant whether or not a claim is made for it.

• (2) Where an applicant who ceases to be entitled to a jobseeker’s allowance after attaining the age of 60 without satisfying the condition in paragraph (1)(b) above, becomes entitled to state pension credit within—

• (a) a period of 12 weeks of him ceasing to be entitled to a jobseeker’s allowance; or

• (b) the duration of any connected period to which regulation 4(3) applies which immediately follows such an entitlement and which applies in his case,

he shall be entitled to the bonus as though paragraph (1) were satisfied in his case and his bonus period shall be treated as though it ended on the day he becomes entitled to state pension credit.

• (2A) In paragraph (2), “state pension credit” means the benefit of that name payable under the State Pension Credit Act 2002.

• (3) No day which falls after the day the bonus period ends in accordance with paragraph (1) or (4) or is treated as ending in accordance with paragraph (2), shall form part of that or any other bonus period.

• (4) Paragraph (5) shall apply where—

• (a) the applicant or the applicant’s partner—

• (i) ceased to be entitled to income support in the 12 weeks preceding the date of the applicant attaining the age of 60;

• (ii) ceased to be entitled to a jobseeker’s allowance in the 12 weeks preceding the date of the applicant attaining pensionable age; and

• (b) the person who ceased to be so entitled failed to satisfy the requirements of regulation 3(1)(c) to (f).

• (5) Where this paragraph applies—

• (a) the bonus period shall end on the day entitlement to the qualifying benefit ceased; and

• (b) a bonus shall become payable to the applicant, but only where a claim is made for it in accordance with regulation 10 (claiming a bonus).