The Child Support (Maintenance Assessments and Special Cases) and Social Security (Claims and Payments) Amendment Regulations 1996

Made: 29th February 1996

Coming into force: 8th April 1996

Whereas a draft of this instrument was laid before Parliament in accordance with section 52(2) of the Child Support Act 1991 and approved by resolution of each House of Parliament:

Now, therefore, the Secretary of State for Social Security, in exercise of the powers conferred by sections 51, 52(4) and 54 of, and paragraphs 5 and 7 of Schedule 1 to, the Child Support Act 1991, section 5(1)(p) of the Social Security Administration Act 1992 as extended by section 43(2) of the Child Support Act 1991 and section 189(1) and (4) of the Social Security Administration Act 1992, and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that the proposals in respect of these Regulations should not be referred to it, hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Child Support (Maintenance Assessments and Special Cases) and Social Security (Claims and Payments) Amendment Regulations 1996 and shall come into force on 8th April 1996.

• (2) In these Regulations—

“the Act" means the Child Support Act 1991;

“Maintenance Assessments and Special Cases Regulations" means the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 ;

“Claims and Payments Regulations" means the Social Security (Claims and Payments) Regulations 1987 .

Amendment of regulation 13 of the Maintenance Assessments and Special Cases Regulations

2

• (1) Regulation 13 of the Maintenance Assessments and Special Cases Regulations shall be amended in accordance with the following provisions of this regulation.

• (2) In paragraph (1) after the words “the minimum amount shall be" there shall be inserted the words “2 multiplied by".

• (3) In paragraph (2) for the words “an amount" there shall be substituted the words “the 5 per centum amount".

Amendment of Schedule 2 to the Maintenance Assessments and Special Cases Regulations

3

• (1) Schedule 2 to the Maintenance Assessments and Special Cases Regulations shall be amended in accordance with the following provisions of this regulation.

• (2) In sub-paragraph (1) of paragraph 19, for “£10.00" there shall be substituted “up to £20.00".

• (3) In sub-paragraph (1) of paragraph 20, for “£10.00" in the three places in which it occurs there shall be substituted “£20.00".

Transitional provisions

4

A maintenance assessment in force on 8th April 1996 shall not be reviewed solely to give effect to regulation 3 but, on a review of that assessment under section 16, 17 or 18 of the Act, the provisions of that regulation shall have effect from the effective date of any fresh maintenance assessment made following that review.

Amendment of paragraph 7A of Schedule 9 to the Claims and Payments Regulations

5

• (1) Paragraph 7A of Schedule 9 to the Claims and Payments Regulations shall be amended in accordance with the following provisions of this regulation.

• (2) In sub-paragraph (3)—

• (a) at the beginning there shall be inserted the words “Subject to sub-paragraph (4),";

• (b) the words “(that is to say 5 per cent of the personal allowance for a single claimant aged not less than 25)" shall be omitted.

• (3) After sub-paragraph (3) there shall be added the following sub-paragraph—

(4) Where, apart from the provisions of this sub-paragraph, the provisions of paragraphs 8(1) and 9 would result in the maximum aggregate amount payable equalling 2 times 5 per cent. of the personal allowance for a single claimant aged not less than 25 years, the amount of specified benefit to be paid under this paragraph shall be one half of the amount specified in sub-paragraph (3).

Amendment of paragraph 8 of Schedule 9 to the Claims and Payments Regulations

6

In sub-paragraph (1) of paragraph 8 of Schedule 9 to the Claims and Payments Regulations, for the word “sub-paragraphs" there shall be substituted the word “paragraphs" and for the word “sub-paragraph" there shall be substituted the word “paragraph".

Signed

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

A. J. B. Mitchell — Parliamentary Under-Secretary of State, — Department of Social Security — 1996-02-29

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1991 c. 48.

[^f00002]: Section 54 is cited because of the meaning ascribed to the word “prescribed”.

[^f00003]: 1992 c. 5.

[^f00004]: Section 43(2) was amended by Schedule 2, paragraph 113 of the Social Security (Consequential Provisons) Act 1992 (c. 6).

[^f00005]: See section 173(1) of the Social Security Administration Act 1992.

[^f00006]: S.I. 1992/1815.

[^f00007]: S.I. 1987/1968; the relevant amending instruments are S.I. 1991/2284, 1992/1026, 1993/478, 495 and 2113 and 1994/2319.

Editorial notes

[^c1774093]: 1991 c.48.

[^c1774094]: Section 54 is cited because of the meaning ascribed to the word “prescribed".

[^c1774095]: 1992 c.5.

[^c1774096]: Section 43(2) was amended by Schedule 2, paragraph 113 of the Social Security (Consequential Provisons) Act 1992 (c.6).

[^c1774097]: See section 173(1) of the Social Security Administration Act 1992.

[^c1774098]: S.I. 1992/1815.

[^c1774099]: S.I. 1987/1968; the relevant amending instruments are S.I. 1991/2284, 1992/1026, 1993/478, 495 and 2113 and 1994/2319.

[^key-8ff3a1dcb6f6f53b74ccf8323b4c9e6d]: Reg. 1(2) modified (7.4.2003 for specified purposes) by The Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 (S.I. 2003/492), regs. 1, 43, Sch. 3 Pt. 1 (with regs. 1(2), 44)

[^key-c8e73b247b1ccedc173ead28b2456814]: Regs. 5 6 modified (7.4.2003 for specified purposes) by The Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 (S.I. 2003/492), regs. 1, 43, Sch. 3 Pt. 1 (with regs. 1(2), 44)