The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1996

Amendment of Schedule 3 to the Maintenance Assessments and Special Cases Regulations E+W+S

15.—(1) Schedule 3 of the Maintenance Assessments and Special Cases Regulations (eligible housing costs) M1 shall be amended in accordance with the following provisions of this regulation.

(2) In sub-paragraph (t) of paragraph 1, for the words “for that purpose" there shall be substituted the words “in respect of payments eligible to be taken into account as housing costs by virtue of the other provisions of this Schedule".

(3) In paragraph 3—

(a) after sub-paragraph (4) there shall be inserted the following sub-paragraph—

“(4A) Where—

(a) an absent parent or parent with care has obtained a loan which constitutes an eligible housing cost falling within sub-paragraph (d) or (t) of paragraph 1; and

(b) a policy of insurance has been obtained and retained, the purpose of which is solely to secure the payment of monies due under that loan in the event of the unemployment, sickness or disability of the insured person,

the amount of the premiums payable under that policy shall be eligible to be taken into account as a housing cost.”;

(b) in sub-paragraph (5B), after the words “a personal pension plan" there shall be inserted the words “derived from a personal pension scheme".

(4) In paragraph 4—

(a) for head (a) of sub-paragraph (1) there shall be substituted the following head—

“(a) they are necessarily incurred for the purpose of purchasing, renting or otherwise securing possession of the home for the parent and his family, or for the purpose of carrying out repairs and improvements to that home;”;

(b) after sub-paragraph (1) there shall be inserted the following sub-paragraph—

“(1A) For the purposes of sub-paragraph (1)(a) “repairs and improvements" shall have the meaning given in paragraph 2 of this Schedule.”;

(c) after sub-paragraph (2) there shall be added the following sub-paragraphs—

“(3) Subject to sub-paragraph (4), payments on a loan shall constitute an eligible housing cost only if that loan has been obtained for the purposes specified in sub-paragraph (1)(a).

(4) Where a loan has been obtained only partly for the purposes specified in sub-paragraph (1)(a), the eligible housing cost shall be limited to that part of the payment attributable to those purposes.”.

Marginal Citations

M1 Schedule 3 has been amended by S.I. 1993/913, 1994/227, 1995/1045 and 3261.