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4.—(1) The Social Security (Claims and Payments) Regulations 1987(1) are amended as follows.
(2) In Schedule 9(2) (deductions from benefit and direct payment to third parties)—
(a)in the definition of “specified benefit” in paragraph 1(1) omit “but does not include any sum payable by way of child maintenance bonus in accordance with section 10 of the Child Support Act 1995 and the Child Maintenance Bonus Regulations 1996;”; and
(b)in paragraph 5 (service charges for fuel, and rent not falling within paragraph 2(1)(a)), for sub-paragraph (2)(3) substitute—
“(2) For the purposes of sub-paragraph (1) arrears of rent do not include any amount which falls to be deducted under regulation 74 of the Housing Benefit Regulations(4) (non-dependant deductions) or, as the case may be, regulation 55 of the Housing Benefit (State Pension Credit) Regulations(5) (non-dependant deductions) when assessing a person’s housing benefit.”.
(3) In the definition of “relevant benefits” in paragraph 1 of Schedule 9A(6) (deductions of mortgage interest from benefit and payment to qualifying lenders), omit “but does not include any sum payable by way of child maintenance bonus in accordance with section 10 of the Child Support Act 1995 and the Child Maintenance Bonus Regulations 1996;”.
Schedule 9 has been amended but not in a way material to these Regulations.
Sub-paragraph (2) was amended by paragraph 2 of Schedule 2 to S.I. 2006/217.
S.I. 2006/213. Regulation 74 was substituted by regulation 14 of S.I. 2007/2868.
S.I. 2006/214. Regulation 55 was substituted by regulation 14 of S.I. 2007/2869.
Schedule 9A was inserted by regulation 6 of, and the Schedule to, S.I. 1992/1026. The definition was inserted by regulation 2(27)(c) of S.I. 1996/1460 and amended by regulation 6(2)(b) of S.I. 1996/3195, regulation 8(10) of S.I. 1997/454 and regulation 27(2) and (3) of S.I. 2008/1554.
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