The Child Support (Miscellaneous Amendments) Regulations 1996

Amendment of regulation 1 of the Maintenance Assessments and Special Cases Regulations

18.—(1) Paragraph (2) of regulation 1 of the Maintenance Assessments and Special Cases Regulations (citation, commencement and interpretation) shall be amended in accordance with the following provisions of this regulation.

(2) After the definition of “earnings”, there shall be inserted the following definitions—

““earnings top-up” means the allowance paid by the Secretary of State under the rules specified in the Earnings Top-up Scheme;

“The Earnings Top-up Scheme” means the Earnings Top-up Scheme 1996(1);”.

(3) For the definition of “family” there shall be substituted the following definitions—

““family” means—

(a)

a married or unmarried couple (including the members of a polygamous marriage);

(b)

a married or unmarried couple (including the members of a polygamous marriage) and any child or children living with them for whom at least one member of that couple has day to day care;

(c)

where a person who is not a member of a married or unmarried couple has day to day care of a child or children, that person and any such child or children;

and for the purposes of this definition a person shall not be treated as having day to day care of a child who is a member of that person’s household where the child in question is being looked after by a local authority within the meaning of section 22 of the Children Act 1989(2) or, in Scotland, where the child is boarded out with that person by a local authority under the provisions of section 21 of the Social Work (Scotland) Act 1968(3);”

(1)

This Scheme, which applies only in certain parts of Great Britain, is an extra-statutory Scheme, introduced by the Secretary of State for Social Security, having effect on 8th October 1996. Copies of the rules of this Scheme may be obtained from the Customer Services Manager, Earnings Top-up, Norcross, Blackpool FY5 3TA.

(2)

1989 c. 41.

(3)

1968 c. 49.