Child Support Act 1995

The child maintenance bonus E+W+S

10 The child maintenance bonus. E+W+S

[F1 (1) The Secretary of State may by regulations make provision for the payment, in prescribed circumstances, of sums to persons—

(a) who are or have been in receipt of child maintenance; and

(b) to or in respect of whom income support or a jobseeker’s allowance is or has been paid.

(2) A sum payable under the regulations shall be known as “a child maintenance bonus”.

(3) A child maintenance bonus shall be treated for all purposes as payable by way of income support or (as the case may be) a jobseeker’s allowance.

[F2 (4) Subsection (3) is subject to section 677 of the Income Tax (Earnings and Pensions) Act 2003 (which provides for a back to work bonus not to be taxable).]

(5) The regulations may, in particular, provide for—

(a) a child maintenance bonus to be payable only on the occurrence of a prescribed event;

(b) a bonus not to be payable unless a claim is made before the end of the prescribed period;

(c) the amount of a bonus (subject to any maximum prescribed by virtue of paragraph (f)) to be determined in accordance with the regulations;

(d) enabling amounts to be calculated by reference to periods of entitlement to income support and periods of entitlement to a jobseeker’s allowance;

(e) treating a bonus as payable wholly by way of a jobseeker’s allowance or wholly by way of income support, in a case where amounts have been calculated in accordance with provision made by virtue of paragraph (d);

(f) the amount of a bonus not to exceed a prescribed maximum;

(g) a bonus not to be payable if the amount of the bonus which would otherwise be payable is less than the prescribed minimum;

(h) prescribed periods to be disregarded for prescribed purposes;

(i) a bonus which has been paid to a person to be treated, in prescribed circumstances and for prescribed purposes, as income or capital of hers or of any other member of her family;

(j) treating the whole or a prescribed part of an amount which has accrued towards a person’s bonus—

(i) as not having accrued towards her bonus; but

(ii) as having accrued towards the bonus of another person.

(6) The Secretary of State may by regulations provide—

(a) for the whole or a prescribed part of a child maintenance bonus to be paid in such circumstances as may be prescribed to such person, other than the person who is or had been in receipt of child maintenance, as may be determined in accordance with the regulations;

(b) for any payments of a prescribed kind which have been collected by the Secretary of State, and retained by him, to be treated for the purposes of this section as having been received by the appropriate person as payments of child maintenance.

(7) In this section—

• “appropriate person” has such meaning as may be prescribed;

• “child” means a person under the age of 16;

• “child maintenance” has such meaning as may be prescribed;

• [F3 “couple” means—

  (a)

  a man and woman who are married to each other and are members of the same household;

  (b)

  a man and woman who are not married to each other but are living together as husband and wife otherwise than in prescribed circumstances;

  (c)

  two people of the same sex who are civil partners of each other and are members of the same household; or

  (d)

  two people of the same sex who are not civil partners of each other but are living together as if they were civil partners otherwise than in prescribed circumstances;]

• “family” means—

  (a)

  a [F4 couple];

  (b)

  a [F4 couple] and a member of the same household for whom one of them is, or both are, responsible and who is a child or a person of a prescribed description;

  (c)

  except in prescribed circumstances, a person who is not a member of a [F4 couple] and a member of the same household for whom that person is responsible and who is a child or a person of a prescribed description;

• F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 (7A) For the purposes of this section, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.]

(8) For the purposes of this section, the Secretary of State may by regulations make provision as to the circumstances in which—

(a) persons are to be treated as being or not being members of the same household;

(b) one person is to be treated as responsible or not responsible for another.]

Textual Amendments

F1 S. 10 repealed (3.3.2003, or later date as mentioned in the commencing S.I., for certain purposes only, otherwise 27.10.2008) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 23, 85, 86(1)(a)(e)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. {6} (as substituted by S.I. 2003/346, art. 2); S.I. 2008/2545, art. 4

F2 S. 10(4) substituted (with effect as mentioned in s. 723(1) (subject to Sch. 7)) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 722, Sch. 6 para. 231

F3 S. 10(7): definition of "couple" inserted (5.12.2005) by Civil Partnership Act 2004 c. 33, ss. 254, 263, Sch. 24 para. 126(1)(2); S.I. 2005/3175, art. 2(1), Sch. 1

F4 S. 10(7): words in definition of "family" substituted (5.12.2005) by Civil Partnership Act 2004 c. 33, ss. 254, 263, Sch. 24 para. 126(1)(3); S.I. 2005/3175, art. 2(1), Sch. 1

F5 S. 10(7): definitions repealed (5.12.2005) by Civil Partnership Act 2004 c. 33, ss. 254, 261(4), 263, Sch. 24 para. 126(1)(4), Sch. 30; S.I. 2005/3175, art. 2(1){(6)}, Sch. 1

F6 S. 10(7A) inserted (5.12.2005) by Civil Partnership Act 2004 c. 33, ss. 254, 263, Sch. 24 para. 127; S.I. 2005/3175, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C1 S. 10 extended (7.4.1997) by S.I. 1997/645, reg. 2(2)(3)

C2 S. 10 amended (7.4.1997) by S.I. 1997/645, reg. 2(1), Sch. Memorandum