The Social Security (Claims and Payments) Regulations 1987

[F1Flat rate maintenanceE+W+S

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 Act and either of them has been awarded income support[F2, state pension credit][F3, income-based jobseeker's allowance or income-related employment and support allowance].

(2) Where sub-paragraph (1) applies, an amount not exceeding [F4the flat rate of maintenance] [F5and any fee] may be deducted in respect of the sum of both partners' liability to pay maintenance [F6and any fee], in the proportions described in regulation 4(3) of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 [F7or regulation 44(3) of the Child Support Maintenance Calculation Regulations 2012] and shall be paid in discharge (in whole or in part) of the respective liabilities to pay maintenance [F8or retained in discharge of any liability to pay a fee].]

Textual Amendments