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

Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000

43.—(1) The Child Support (Maintenance Calculations and Special Cases) Regulations 2000(1) are amended as follows.

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

(a) after the definition of “child tax credit”, insert—

““contribution-based jobseeker’s allowance” means an allowance under the Jobseekers Act as amended by the provisions of Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act as that Act has effect apart from those provisions;”; and

(b) after the definition of “Contributions and Benefits (Northern Ireland) Act”, insert—

““contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the Welfare Reform Act 2012 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;”.

(3) In regulation 4 (flat rate)(3)—

(a) in paragraph (2), omit “and” after sub-paragraph (c) and, after sub-paragraph (d) insert—

“; and

(e) universal credit under Part 1 of the Welfare Reform Act 2012, where the award of universal credit is calculated on the basis that the non-resident parent does not have any earned income”; and

(b) after paragraph (3), insert—

“(4) For the purposes of paragraph (2)(e) and regulation 5(d), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013 (earned income).”.

(4) In regulation 5(d) (nil rate)(4) omit “or” after sub-paragraph (i) and after sub-paragraph (ii) insert—

“;

(iii) in receipt of universal credit under Part 1 of the Welfare Reform Act 2012, where the award of universal credit is calculated on the basis that they do not have any earned income; or

(iv) in a case not covered by paragraph (iii), a member of a couple where their partner is in receipt of universal credit under Part 1 of the Welfare Reform Act 2012 and the award of universal credit is calculated on the basis that the non-resident parent does not have any earned income”.

(1)

S.I. 2001/155. The Regulations were revoked in certain cases by S.I. 2012/2785.

(2)

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

(3)

Regulation 4(2) was amended by S.I. 2002/3019 and 2008/1554.

(4)

Regulation 5(d) was amended by S.I. 2008/1554.