Amendment of the Child Support (Maintenance Calculation Procedure) Regulations
5.—(1) The Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001(1) shall be amended in accordance with paragraphs (2) to (4).
(2) In regulation 8(2)(b) (interpretation of Part IV) –
(a)in head (i) for the words after “payable, or” there shall be substituted “the circumstances in regulation 14(4) or 15(4), as the case may be, apply;”; and
(b)in head (ii) for the words after “given,” there shall be substituted “the circumstances in regulation 14(4) or 15(4), as the case may be, apply,”.
(3) In regulation 14 (suspension of a reduced benefit decision when a modified applicable amount is payable (income support)) –
(a)in the heading the words “when a modified applicable amount is payable” shall be omitted;
(b)in paragraph (1) –
(i)for the words from “concerned” to “paragraph (4)” there shall be substituted “concerned but the circumstances in paragraph (4) apply to that parent”, and
(ii)for the words from “so long as” to “that paragraph” there shall be substituted “so long as those circumstances apply”;
(c)paragraph (2) shall be omitted;
(d)in paragraph (3) the words “or (2)” shall be omitted;
(e)paragraph (4)(c) shall be omitted; and
(f)for paragraph (4) there shall be substituted the following paragraphs –
“(4) The circumstances referred to in paragraph (1) are that –
(a)that parent is resident in a residential care home, nursing home or an independent hospital; or
(b)that parent’s applicable amount falls to be calculated under regulation 21 of, and any of paragraphs 1 to 3 of Schedule 7 to, the Income Support Regulations (patients).
(5) In paragraph (4) –
“independent hospital” has the meaning assigned to it by Article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;
“nursing home” has the meaning assigned to it by Article 11 of that Order; and
“residential care home” has the meaning assigned to it by Article 10 of that Order.”.
(4) In regulation 15 (suspension of a reduced benefit decision when a modified applicable amount is payable (income-based jobseeker’s allowance)) –
(a)in the heading the words “when a modified applicable amount is payable” shall be omitted;
(b)in paragraph (1) –
(i)for the words from “concerned” to “paragraph (4)” there shall be substituted “concerned but the circumstances in paragraph (4) apply to that parent”, and
(ii)for the words from “so long as” to “those provisions” there shall be substituted “so long as those circumstances apply”;
(c)paragraph (2) shall be omitted;
(d)in paragraph (3) the words “or (2)” shall be omitted;
(e)paragraph (4)(b) shall be omitted; and
(f)for paragraph (4) there shall be substituted the following paragraphs –
“(4) The circumstances referred to in paragraph (1) are that –
(a)that parent is resident in a residential care home, nursing home or an independent hospital; or
(b)that parent’s applicable amount falls to be calculated under regulation 85 of, and paragraph 1 or 2 of Schedule 4 to, the Jobseeker’s Allowance Regulations (patients).
(5) In paragraph (4) –
“independent hospital” has the meaning assigned to it by Article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;
“nursing home” has the meaning assigned to it by Article 11 of that Order; and
“residential care home” has the meaning assigned to it by Article 10 of that Order.”.