The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013

Amendment of the Child Support (Maintenance Assessment Procedure) Regulations 1992

40.—(1) The Child Support (Maintenance Assessment Procedure) Regulations 1992(1) are amended as follows.

(2) In regulation 1(2) (interpretation), after the definition of “relevant person”, insert—

“;

“universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012”.

(3) In regulation 23 (date from which a decision is superseded)(2) —

(a) at the beginning of paragraphs (3), (5), (10), (12), (13) and (20), insert “Subject to paragraph (25),”;

(b) at the beginning of paragraph (1), after “paragraph (2)” insert “or (25)”;

(c) in paragraph (4), for “paragraph (19)” substitute “paragraphs (19) and (25)”; and

(d) after paragraph (24) insert—

“(25) Where a superseding decision is made under regulation 20(2) or (3) with respect to the circumstance that a parent with care or an absent parent—

(a) has been awarded universal credit on the basis that they have no earned income;

(b) was awarded universal credit on that basis and their award has been revised or superseded on the basis of their having, at the time the award was made or after that time, earned income; or

(c) was awarded universal credit on the basis that they had earned income and their award has been revised or superseded on the basis of their not having, at the time the award was made or after that time, earned income,

the decision takes effect from the first day of the maintenance period in which the award of universal credit, or the revision or supersession of such an award, as the case may be, took effect or is due to take effect.

(26) For the purposes of paragraph (25), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013(3).”.

(1)

S.I. 1992/1813. The Regulations are revoked in certain cases by S.I. 2001/157 (amended by S.I. 2003/328 and 347) and 2012/2785 .

(2)

The regulation was substituted by S.I. 1999/1047 and amended by 2000/1596, 2012/1267 and 2012/2683.

(3)

S.I.. 2013/376.