The Child Support (Maintenance Assessment Procedure) Regulations 1992

Amount of and period of reduction of relevant benefit under a reduced benefit direction

36.—(1) The reduction in the amount payable by way of a relevant benefit to, or in respect of, the parent concerned and the period of such reduction by virtue of a direction shall be determined in accordance with paragraphs (2) to (9).

(2) Subject to paragraph (6) and regulations 37, 38(7) and 40, there shall be a reduction for a period of 26 weeks from the day specified in the direction under the provisions of section 46(9) of the Act in respect of each such week equal to

0.2 × B

• where B is an amount equal to the weekly amount, in relation to the week in question, specified in column (2) of paragraph 1(1)(e) of the applicable amounts Schedule.

(3) Subject to paragraph (6) and regulations 37, 38(7) and 40, at the end of the period specified in paragraph (2) there shall be a reduction from the day immediately succeeding the last day of that period for a period of 52 weeks of an amount in respect of each such week equal to

0.1 × B

• where B has the same meaning as in paragraph (2).

(4) Subject to paragraph (5), a direction shall come into operation on the first day of the second benefit week following the review, carried out by the adjudication officer in consequence of the direction, of the relevant benefit that is payable.

(5) Where the relevant benefit is income support and the provisions of regulation 26(2) of the Social Security (Claims and Payments) Regulations 1987(1) (deferment of payment of different amount of income support) apply, a direction shall come into operation on such later date as may be determined by the Secretary of State in accordance with those provisions.

(6) Where the benefit payable is income support and there is a change in the benefit week whilst a direction is in operation, the periods of the reductions specified in paragraphs (2) and (3) shall be—

(a) where the reduction is that specified in paragraph (2), a period greater than 25 weeks but less than 26 weeks;

(b) where the reduction is that specified in paragraph (3), a period greater than 51 weeks but less than 52 weeks,

and ending on the last day of the last benefit week falling entirely within the period of 26 weeks specified in paragraph (2), or the period of 52 weeks specified in paragraph (3), as the case may be.

(7) Where the weekly amount specified in column (2) of paragraph 1(1)(e) of the applicable amounts Schedule changes on a day when a direction is in operation, the amount of the reduction of the relevant benefit shall be changed—

(a) where the benefit is income support, from the first day of the first benefit week to commence for the parent concerned on or after the day that weekly amount changes;

(b) where the benefit is family credit or disability working allowance, from the first day of the next award period of that benefit for the parent concerned commencing on or after the day that weekly amount changes.

(8) Only one direction in relation to a parent shall be in force at any one time.

(9) Where a direction has been in operation for the aggregate of the periods specified in paragraphs (2) and (3) ( “the full period ”), no further direction shall be given with respect to the same parent on account of that parent’s failure to comply with the obligations imposed by section 6 of the Act in relation to any child in relation to whom the direction that has been in operation for the full period was given.

(1)

S.I. 1987/1968; relevant amending instruments are S.I. 1988/522 and 1989/136.