The Child Support Maintenance Calculation Regulations (Northern Ireland) 2012

Flat rate N.I.

43.—(1) The following benefits, pensions and allowances are prescribed for the purposes of paragraph 4(1)(b) of Schedule 1—

(a) under the Contributions and Benefits Act—

(i) bereavement allowance,

(ii) category A retirement pension,

(iii) category B retirement pension,

(iv) category C and category D retirement pension,

(v) incapacity benefit,

(vi) carer’s allowance,

(vii) maternity allowance,

(viii) severe disablement allowance,

(ix) industrial injuries benefit,

(x) widowed mother’s allowance,

(xi) widowed parent’s allowance, and

(xii) widow’s pension;

(b) contribution-based jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995(1);

(c) a social security benefit paid by a country other than the United Kingdom;

(d) a training allowance (other than in respect of a relevant training scheme);

(e) a war disablement pension within the meaning of section 146(2) of the Contributions and Benefits Act(2) or a pension which is analogous to such a pension paid by the government of a country outside the United Kingdom;

(f) a war widow’s pension within the meaning of that section, or a war widower’s pension or surviving civil partner’s war pension;

(g) a payment under a scheme mentioned in section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004(3); and

(h) contributory employment and support allowance.

(2) The following benefits are prescribed for the purposes of paragraph 4(1)(c) of Schedule 1—

(a) income support;

(b) income-based jobseeker’s allowance;

(c) income-related employment and support allowance; and

(d) state pension credit.

(3) Where the conditions referred to in paragraph 4(2) of Schedule 1 are satisfied the flat rate of maintenance payable is half the flat rate that would otherwise apply.

(4) In paragraph (1)(d) “training allowance” means a payment under section 1 of the Employment and Training Act (Northern Ireland) 1950(4) which is paid to a person for that person’s maintenance while undergoing training.

Commencement Information

I1 Reg. 43 comes into force in accordance with reg. 1

(1)

S.I. 1995/2705 (N.I. 15)

(2)

The definition of “war disablement pension” was amended by paragraph 201(3) of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 and the definition of “war widow’s pension” was amended by paragraph 201(4) of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 and paragraph 102(2) of Schedule 24 to the Civil Partnership Act 2004

(3)

2004 c. 32

(4)

1950 c. 29 (N.I.); section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10)) and Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8))