The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993

Amendment of regulation 16 of the Family Credit Regulations

28.—(1) Regulation 16 of the Family Credit Regulations (normal weekly income other than earnings)(1) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (1) for the words “a claimant’s normal weekly income which does not consist of earnings” there shall be substituted the words “where a claimant’s normal weekly income does not consist of earnings, or includes income that does not consist of earnings, that income”.

(3) In paragraph (2)(a) after the words “at regular intervals” there shall be inserted the words “and of regular amounts”.

(4) In paragraph (2A)(2)—

(a) in sub-paragraph (a) after the words “at regular intervals” there shall be inserted the words “and of regular amounts”;

(b) in sub-paragraph (b) after the words “not so made,” there shall be inserted the words “except in a case to which sub-paragraph (c) applies,”;

(c) after sub-paragraph (b) there shall be inserted the following sub-paragraph—

“(c) where the maintenance assessment has been notified to the claimant under regulation 10 of the Child Support (Maintenance Assessment Procedure) Regulations 1992(3) during the 13 weeks immediately preceding the week of claim, by reference to the average of such payments, calculated on a weekly basis, received in the interim period,”.

(5) In paragraph (4)(4) at the end there shall be added the following sub-paragraph—

“(c) “the interim period” means the week in which the date of notification of the maintenance assessment falls and the subsequent period up to and including the week immediately preceding the week of claim.”.

(1)

Relevant amending instruments are S.I. 1988/1970 and 1993/315

(2)

Paragraph (2A) was inserted by S.I. 1993/315

(3)

S.I. 1992/1813

(4)

Paragraph (4) was added by S.I. 1993/315