5.—(1) The Child Support (Maintenance Assessment Procedure) Regulations 1992 M1 shall be amended in accordance with the following provisions of this regulation.
(2) In regulation 1 (interpretation)—
(a)in paragraph (2)—
(i)in the definition of “applicable amount" after the words “applicable amount" there shall be inserted the words “, except in regulation 40ZA,";
(ii)in the definition of “benefit week" after the words “Income Support Regulations," there shall be inserted the words “in relation to jobseeker’s allowance has the same meaning as in the Jobseeker’s Allowance Regulations,";
(iii)after the definition of “Information, Evidence and Disclosure Regulations" there shall be inserted the following definition—
““the Jobseeker’s Allowance Regulations" means the Jobseeker’s Allowance Regulations 1996 M2;”;
(iv)in the definition of “relevant benefit" after the words “income support," there shall be inserted the words “income-based jobseeker’s allowance,";
(b)in paragraph (3) M3 —
(i)after the words “regulation 40(3)" in each place where they occur there shall be inserted the words “or, as the case may be, regulation 40ZA(4)";
(ii)in sub-paragraph (c) after the words “income support" there shall be inserted the words “or income-based jobseeker’s allowance".
(3) In regulation 8D(8) M4 at the end there shall be added the words “or income-based jobseeker’s allowance".
(4) In regulation 17(6) (intervals between periodical reviews and notice of a periodical review) after the words “income support" in each place where they occur there shall be inserted the words “or income-based jobseeker’s allowance".
(5) In regulation 35A (circumstances in which a reduced benefit direction shall not be given) M5 after paragraph (a) there shall be inserted the following paragraph—
“(aa)income-based jobseeker’s allowance is paid to or in respect of the parent in question and the applicable amount of the claimant for income-based jobseeker’s allowance includes one or more of the amounts set out in paragraph 20(4), (5) or (7) of Schedule 1 to the Jobseeker’s Allowance Regulations; or”.
(6) In regulation 36 (amount of and period of reduction of relevant benefit under a reduced benefit direction) M6 —
(a)in paragraphs (2) and (3) for the words “and 40" in each place where they occur there shall be substituted the words “, 40 and 40ZA";
(b)in paragraphs (5B), (6) and (7) after the words “income support" there shall be inserted the words “or income-based jobseeker’s allowance";
(c)in paragraph (5C)—
(i)after the words “income support" in the first place where they occur there shall be inserted the words “or income-based jobseeker’s allowance";
(ii)for the words “or income support" in the second place where they occur there shall be substituted the words “, income support or income-based jobseeker’s allowance";
(d)in paragraph (5D)(b)—
(i)after the words “income support" in the first place where they occur there shall be inserted the words “or income-based jobseeker’s allowance";
(ii)after the words “income support" in the second and third places where they occur there shall be inserted the words “or, as the case may be, income-based jobseeker’s allowance".
(7) In regulation 37 (modification of reduction under a reduced benefit direction to preserve minimum entitlement to relevant benefit) after paragraph (a) there shall be inserted the following paragraph—
“(aa)in the case of income-based jobseeker’s allowance, by regulation 26A(10) M7 of those Regulations;”.
(8) In regulation 38(3) (suspension of a reduced benefit direction when relevant benefit ceases to be payable) after the word “40," there shall be inserted the word “40ZA,".
(9) In regulation 39(1) (reduced benefit direction where family credit or disability working allowance is payable and income support becomes payable)—
(a)after the words “income support" in the first place where they occur there shall be inserted the words “or income-based jobseeker’s allowance";
(b)after the words “income support" in the second and third places where they occur there shall be inserted the words “or, as the case may be, income-based jobseeker’s allowance".
(10) After regulation 40 (suspension of a reduced benefit direction when a modified applicable amount is payable) there shall be inserted the following regulation—
40ZA.—(1) Where a direction is given or is in operation at a time when income-based jobseeker’s allowance is payable to or in respect of the parent concerned but her applicable amount falls to be calculated under the provisions mentioned in paragraph (4), that direction shall be suspended for so long as the applicable amount falls to be calculated under those provisions, or 52 weeks, whichever period is the shorter.
(2) Where a direction is given or is in operation at a time when income-based jobseeker’s allowance is payable to or in respect of the parent concerned, but her applicable amount includes a residential allowance under regulation 83(c) of and paragraph 3 of Schedule 1 to the Jobseeker’s Allowance Regulations (persons in residential care or nursing homes), that direction shall be suspended for as long as her applicable amount includes such a residential allowance, or 52 weeks, whichever period is the shorter.
(3) Where a case falls within paragraph (1) or (2) and a direction has been suspended for a period of 52 weeks, it shall cease to be in force.
(4) The provisions of paragraph (1) shall apply where the applicable amount in relation to the parent concerned falls to be calculated under—
(a)regulation 85 of and paragraph 1 or 2 of Schedule 5 to the Jobseeker’s Allowance Regulations (patients);
(b)regulation 85 of and paragraph 8, 9 or 15 of Schedule 5 to the Jobseeker’s Allowance Regulations (persons in residential accommodation); or
(c)regulation 86 of and Schedule 4 to the Jobseeker’s Allowance Regulations (applicable amounts for persons in residential care and nursing homes).”.
(11) In regulation 47(1) (reduced benefit directions where there is an additional qualifying child) after the words “regulation 40" in each place where they occur there shall be inserted the words “or 40ZA".
(12) In paragraph 1(3)(b) of Schedule 1 (persons of 16 or 17 years of age who are not in full-time non-advanced education) after the words “income support" there shall be inserted the words “or income-based jobseeker’s allowance".
Marginal Citations
M3Relevant amending instrument is S.I. 1995/3261.
M4Regulations 8A to 8D were inserted by S.I. 1995/3261.
M5Regulation 35A was inserted by S.I. 1995/3261.
M6Paragraphs (5A) to (5E) were inserted by S.I. 1995/1045.
M7Regulation 26A was inserted by S.I. 1996/207.