The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1995

Amendment of regulation 15A of the Disability Working Allowance Regulations

5.  In regulation 15A of the Disability Working Allowance Regulations (treatment of child care charges)(1)—

(a) in paragraph (2), in the definition of “relevant child care charges”—

(i) after the word “education” there shall be inserted the words “or charges paid by a claimant to a partner or by a partner to a claimant in respect of any child for whom either or any of them is responsible in accordance with regulation 9 (circumstances in which a person is to be treated as responsible or not responsible for another),”;

(ii) after sub-paragraph (c) the word “or” and the following sub-paragraph shall be inserted—

“(d) in schools or establishments which are exempted from registration under section 71 of the Children Act 1989 by virtue of section 71(16) of and paragraph 3 or 4 of Schedule 9 to that Act,”;

(b) after paragraph (2), there shall be inserted the following new paragraph—

“(2A) The age of a child referred to in paragraph (2) shall be determined by reference to the age of the child at the date on which the period under section 129(6) of the Contributions and Benefits Act (period of award) begins.”;

(c) in paragraph (7)(a) at the end there shall be added the following words “or either regulation 13A(1)(c) of the Council Tax Benefit (General) Regulations 1992 (treatment of child care charges)(2) or, as the case may be, regulation 21A(1)(c) of the Housing Benefit (General) Regulations 1987 (treatment of child care charges)(3) applies in that person’s case;”.

(1)

Regulation 15A was inserted by S.I.1994/1924, regulation 3.

(2)

Regulation 13A was inserted in the 1992 Regulations by S.I.1994/1924, regulation 2.

(3)

Regulation 21A was inserted in the 1987 Regulations by S.I.1994/1924, regulation 5.