The Social Security (Child Maintenance Premium and Miscellaneous Amendments) Regulations 2000

Made: 30th November 2000

Laid before Parliament: 6th December 2000 Coming into force in accordance with regulation 1

The Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 123(1)(a), (d) and (e), 136(3) and (5)(b), 137(1) and 175(1) and (3) of the Social Security Contributions and Benefits Act 1992, sections 12(1) and (4)(b), 35(1) and 36(1), (2) and (4) of the Jobseekers Act 1995, sections 10 and 26(1) to (3) of the Child Support Act 1995 and section 87(4) of the Northern Ireland Act 1998, and of all other powers enabling him in that behalf, after consultation, in respect of regulation 3 of these Regulations, with organisations appearing to him to be representative of the authorities concerned and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it, hereby makes the following Regulations:

Citation and commencement

1

• (1) These Regulations may be cited as the Social Security (Child Maintenance Premium and Miscellaneous Amendments) Regulations 2000 and shall come into force—

• (a) in relation to any particular case, on the date on which section 23 of the 2000 Act comes into force in relation to that type of case (“the commencement date”);

• (b) in relation to a person who, on or after 16th February 2004—

• (i) makes a claim for income support or an income-based jobseeker’s allowance; and

• (ii) on or after the date of that claim receives any payment of child maintenance made voluntarily,

on 16th February 2004; or

• (c) in relation to a person who—

• (i) on 16th February 2004 is entitled to income support or an income-based jobseeker’s allowance; and

• (ii) on or after 16th February 2004 receives any payment of child maintenance made voluntarily and that payment is the first payment of child maintenance received by that person whilst he is entitled to income support or an income-based jobseeker’s allowance,

on 16th February 2004 if a payment referred to in head (ii) above is received on that day, or on the day on which such a payment is received where it is received after 16th February 2004.

• (2) In this regulation—

• “the 1991 Act ” means the Child Support Act 1991;

• “the 2000 Act ” means the Child Support, Pensions and Social Security Act 2000;

• “child maintenance” shall have the same meaning as that prescribed for the purposes of section 74A of the Social Security Administration Act 1992;

• “an income-based jobseeker’s allowance” has the meaning given by section 1(4) of the Jobseekers Act 1995;

• “payment of child maintenance made voluntarily” means any payment of child maintenance other than such a payment made—under a court order; under a maintenance assessment made under the 1991 Act prior to its amendment by the 2000 Act or under a maintenance calculation made under the 1991 Act after its amendment by the 2000 Act ; under an agreement for maintenance; in accordance with section 28J of the 1991 Act ; or by the Secretary of State in lieu of child maintenance, including any payment made by the Secretary of State under section 27 of the 2000 Act .

Child maintenance: income support and jobseeker’s allowance

2

• (1) In the Income Support (General) Regulations 1987 —

• (a) at the end of the definition of “child support maintenance" in regulation 60A (child support: interpretation) there shall be added the words “ and shall include any payments made by the Secretary of State in lieu of such payments ”; and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In the Jobseeker’s Allowance Regulations 1996 —

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

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Housing benefit and council tax benefit

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocations and transitional provisions

4

• (1) Subject to paragraphs (2) to (4) below—

• (a) regulations 2 to 13 of the Social Security (Child Maintenance Bonus) Regulations 1996 (“the Child Maintenance Bonus Regulations");

• (b) the Child Maintenance Bonus (Northern Ireland Reciprocal Arrangements) Regulations 1997 (“the Reciprocal Arrangements Regulations");

• (c) regulation 8 of the Social Security (Miscellaneous Amendments) Regulations 1997 ; and

• (d) regulation 2 of the Social Security (Miscellaneous Amendments) Regulations 1998 ,

are hereby revoked.

• (2) Subject to paragraph (3) below, regulations 2 to 13 of the Child Maintenance Bonus Regulations and the Reciprocal Arrangements Regulations shall continue to have effect as if paragraph (1) above had not been made in relation to a person who—

• (a) claimed a child maintenance bonus before the commencement date but whose claim was not determined until on or after that date; or

• (b) claims a child maintenance bonus on or after the commencement date but within the time specified in regulations 3(1)(f) , 10(1) and, where applicable, 11(4) of the Child Maintenance Bonus Regulations.

• (3) For the purposes of paragraph (2) above, regulation 3(1)(f)(iii) of the Child Maintenance Bonus Regulations shall have effect as if for the words “14 days" there were substituted the words “ one month ”.

• (4) Nothing in this regulation shall prevent the Secretary of State from issuing a written statement pursuant to regulation 6(1) of the Child Maintenance Bonus Regulations to a person who appears to him to satisfy the requirements of regulation 3 of those Regulations.

Signed

Signed by authority of the Secretary of State for Social Security.

P. Hollis, — Parliamentary Under-Secretary of State, — Department of Social Security — 2000-11-30

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1992 c. 4; section 123(1)(e) was substituted by the Local Government Finance Act 1992 (c. 14), Schedule 9, paragraph 1(1); section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed”.

[^f00002]: 1995 c. 18; section 35(1) is an interpretation provision and is cited because of the meaning ascribed to the words “prescribed” and “regulations”.

[^f00003]: 1995 c. 34; the meaning ascribed to the word “prescribed” is given in section 54 of the Child Support Act 1991 (c. 48) which is applied to section 10 of the Child Support Act 1995 by section 27(2) of that Act.

[^f00004]: 1998 c. 47.

[^f00005]: See section 176(1) of the Social Security Administration Act 1992 (c. 5).

[^f00006]: See sections 170 and 173(1)(b) of the Social Security Administration Act 1992 (c. 5); paragraph 67 of Schedule 2 to the Jobseekers Act 1995 added that Act to the list of “relevant enactments” in respect of which regulations must normally be referred to the Committee; paragraph 20 of Schedule 3 to the Child Support Act 1995 added section 10 of that Act to that list.

[^f00007]: 2000 c. 19.

[^f00008]: S.I. 1987/1967.

[^f00009]: Regulation 60A was inserted by S.I. 1993/846.

[^f00010]: Paragraph 72 was inserted by S.I. 2000/724.

[^f00011]: 1992 c. 5. Section 74A was inserted by section 25 of the Child Support Act 1995 (c. 34). “Child maintenance” is defined for the purposes of section 74A in regulation 2 of the Social Security Benefits (Maintenance Payments and Consequential Amendments) Regulations 1996 (S.I. 1996/940).

[^f00012]: S.I. 1996/207.

[^f00013]: Paragraph 69 was inserted by S.I. 2000/724.

[^f00014]: S.I. 1992/1814; paragraph 46 was amended by S.I. 1996/803.

[^f00015]: S.I. 1987/1971; paragraph 47 was inserted by S.I. 1991/2695 and amended by S.I. 1996/1803.

[^f00016]: S.I. 1996/3195.

[^f00017]: S.I. 1997/645.

[^f00018]: S.I. 1997/454.

[^f00019]: S.I. 1998/563.

[^f00020]: Regulation 3(1)(f) was substituted by S.I. 1998/563.

Editorial notes

[^c2240314]: This S. I. is in force for certain purposes at 3.3.2003 by S. I. 2003/192; otherwise 27.10.2008 by S.I. 2008/2545

[^c1636075]: 1992 c. 4; section 123(1)(e) was substituted by the Local Government Finance Act 1992 (c. 14), Schedule 9, paragraph 1(1); section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed".

[^c1636076]: 1995 c. 18; section 35(1) is an interpretation provision and is cited because of the meaning ascribed to the words “prescribed" and “regulations".

[^c1636077]: 1995 c. 34; the meaning ascribed to the word “prescribed" is given in section 54 of the Child Support Act 1991 (c. 48) which is applied to section 10 of the Child Support Act 1995 by section 27(2) of that Act.

[^c1636078]: 1998 c. 47.

[^c1636079]: See section 176(1) of the Social Security Administration Act 1992 (c. 5).

[^c1636080]: See sections 170 and 173(1)(b) of the Social Security Administration Act 1992 (c. 5); paragraph 67 of Schedule 2 to the Jobseekers Act 1995 added that Act to the list of “relevant enactments" in respect of which regulations must normally be referred to the Committee; paragraph 20 of Schedule 3 to the Child Support Act 1995 added section 10 of that Act to that list.

[^c1636082]: S.I. 1987/1967.

[^c1636083]: Regulation 60A was inserted by S.I. 1993/846.

[^c1636086]: S.I. 1996/207.

[^c1636090]: S.I. 1996/3195.

[^c1636091]: S.I. 1997/645.

[^c1636092]: S.I. 1997/454.

[^c1636093]: S.I. 1998/563.

[^c1636094]: Regulation 3(1)(f) was substituted by S.I. 1998/563.

[^key-fe3a825d23ce88ef987f469c89b62d7d]: Reg. 1 substituted (16.2.2004) by The Social Security (Child Maintenance Premium) Amendment Regulations 2004 (S.I. 2004/98), regs. 1(2), 4(1)

[^key-5a08517b298b5162ddb40db23d17a1a3]: Reg. 2(1)(b) omitted (16.2.2004) by virtue of The Social Security (Child Maintenance Premium) Amendment Regulations 2004 (S.I. 2004/98), regs. 1(2), 4(2)

[^key-8ef5fa46ffca6299a372c2ebb6c7a909]: Reg. 2(2)(b) omitted (16.2.2004) by virtue of The Social Security (Child Maintenance Premium) Amendment Regulations 2004 (S.I. 2004/98), regs. 1(2), 4(2)

[^key-1d92a42240e0d7ec7a45908f94ae7b36]: Reg. 3 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Schs. 3, Sch. 4)