The Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 2001

Regulation 2(3)

SCHEDULE

Regulation 34A

“SCHEDULE 8C Deductions from benefit in respect of child support maintenance and payment to persons with care

Interpretation

1.   In this Schedule—

“the Order” means the Child Support (Northern Ireland) Order 1991;

“beneficiary” means a person who has been awarded a specified benefit and includes each member of a joint-claim couple awarded joint-claim jobseeker’s allowance;

“maintenance” means maintenance which a non-resident parent is liable to pay under the Order at a flat rate of child support maintenance (or would be so liable but for a variation having been agreed to), and that rate applies (or would have applied) because he falls within paragraph 4(1)(b) or (c) or (2) of Schedule 1 to the Order(1), and includes such maintenance payable at a transitional rate in accordance with Regulations made under section 28(2)(a) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000(2);

“Maintenance Calculations and Special Cases Regulations” means the Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001(3);

“specified benefit” means either a benefit, pension or allowance mentioned in section 5(2) of the Administration Act(4) and which is prescribed for the purpose of paragraph 4(1)(b) or (c) of Schedule 1 to the Order or a war disablement pension or a war widows pension within the meaning in section 146(2) of the Contributions and Benefits Act.

Deductions

2.— (1) Subject to paragraphs 5 and 6, the Department may deduct from a specified benefit awarded to a beneficiary, an amount equal to the amount of maintenance which is payable by the beneficiary (or in the case of income support or income-based jobseeker’s allowance, payable either by the beneficiary or his partner) and pay the amount deducted to or among the person or persons with care in discharge (in whole or in part) of the liability to pay maintenance.

(2) A deduction may only be made from one of the specified benefits in any one week.

(3) No deduction may be made unless the amount of the relevant specified benefit is not less than the total of the amounts to be deducted under this Schedule plus 10 pence.

Arrears

3.— (1) Except where income support or income-based jobseeker’s allowance is payable to the beneficiary or his partner, the Department may deduct the sum of £1 per week from a specified benefit which the beneficiary has been awarded and, subject to sub-paragraph (2), pay the amount deducted to or among the person or persons with care in discharge (in whole or in part) of the beneficiary’s liability to pay arrears of maintenance.

(2) Deductions made under sub-paragraph (1) may be retained by the Department in the circumstances set out in regulation 8 of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations (Northern Ireland) 1992(5).

Apportionment

4.   Where maintenance is payable to more than one person with care, the amount deducted shall be apportioned between the persons with care in accordance with paragraphs 6 to 8 of Schedule 1 to the Order(6).

Flat rate maintenance

5.— (1) This sub-paragraph applies where the beneficiary and his partner are each liable to pay maintenance at a flat rate in accordance with paragraph 4(2) of Schedule 1 to the Order and either of them has been awarded income support or income-based jobseeker’s allowance.

(2) Where sub-paragraph (1) applies, an amount not exceeding £5 may be deducted in respect of the sum of both partners' liability to pay maintenance, in the proportions described in regulation 4(3) of the Maintenance Calculations and Special Cases Regulations and shall be paid in discharge (in whole or in part) of the respective liabilities to pay maintenance.

Flat rate Maintenance (Polygamous Marriage)

6.— (1) This sub-paragraph applies where two or more members of a polygamous marriage are each liable to pay maintenance at a flat rate in accordance with paragraph 4(2) of Schedule 1 to the Order and any member of the polygamous marriage has been awarded income support or income-based jobseeker’s allowance.

(2) Where sub-paragraph (1) applies, an amount not exceeding £5 may be deducted in respect of the sum of all the members' liability to pay maintenance, in the proportions described in regulation 4(3) of the Maintenance Calculations and Special Cases Regulations and shall be paid in discharge (in whole or in part) of the respective liabilities to pay maintenance.

(3) In this regulation “polygamous marriage” means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy.

Notice

7.   When the Department commences making deductions, it shall notify the beneficiary in writing of the amount and frequency of the deduction and the benefit from which the deduction is made and shall give further such notice when there is a change to any of the particulars specified in the notice.

General

8.   A deduction made in accordance with this Schedule is a deduction by way of recovery for the purposes of regulation 40(3) of the Income Support (General) Regulations (Northern Ireland) 1987(7) and regulation 103(3) of the Jobseeker’s Allowance Regulations.”.

(1)

Paragraph 4 was substituted by section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

(2)

2000 c. 4 (N.I.)

(3)

S.R. 2001 No. 18

(4)

Section 5(2) was amended by paragraph 22 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)) and Schedule 1 to the Tax Credits Act 1999 (c. 10)

(5)

S.R. 1992 No. 342; regulation 8 was substituted by regulation 5(2) of S.R. 1995 No. 475 and amended by regulation 2(7) of S.R. 2001 No. 15

(6)

Paragraphs 6 to 8 were substituted by section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

(7)

S.R. 1987 No. 459