The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013

Amendment of the Child Support Departure Direction and Consequential Amendments Regulations 1996

42.—(1) The Child Support Departure Direction and Consequential Amendments Regulations 1996(1) are amended as follows.

(2) In regulation 1 (interpretation)(2)—

(a) in paragraph (2), after the definition of “relevant person” insert—

“;

“relevant universal credit” means, in relation to an absent parent or parent with care, an award of universal credit made to the parent in question, where the award is calculated on the basis that the parent does not have any earned income;

“universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012”;

(b) after paragraph (2) insert—

“(2A) For the purposes of the definition of “relevant universal credit” in paragraph (2), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.”.

(3) In regulation 9 (departure directions and persons in receipt of income support etc.)(3)—

(a) in the heading to the regulation, after “jobseeker’s allowance,” insert “universal credit”;

(b) in paragraph (1)—

(i) in sub-paragraphs (a) and (c), for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or relevant universal credit”; and

(ii) in sub-paragraph (b), for “or working tax credit” substitute “, working tax credit or relevant universal credit”;

(c) in sub-paragraphs (a) and (b) of paragraph (2), for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or relevant universal credit”; and

(d) in paragraph (3)—

(i) in sub-paragraphs (a) and (c), for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or relevant universal credit”; and

(ii) in sub-paragraph (b), for “or working tax credit” substitute “, working tax credit or relevant universal credit”.

(4) In regulation 12 (meaning of “benefit” for the purposes of section 28E of the Child Support Act 1991)(4), for “and council tax benefit” substitute “council tax benefit and relevant universal credit”.

(1)

S.I. 1996/2907. The Regulations were revoked in certain cases by S.I. 2001/157 (amended by S.I. 2003/347) and 2012/2785.

(2)

Regulation 1(2) has been amended in ways that are not relevant to these Regulations.

(3)

Regulation 9 was substituted by S.I. 1998/58 and amended by S.I. 2003/328, 2003/2779 and 2008/1554.

(4)

Regulation 12 was amended by S.I. 2003/328, 2003/2779 and 2008/1554.