Regulation 29 not in force at Royal Assent see reg. 1; reg. 29 in force for certain purposes at (1.4.1997) by S.I. 1996/1803, reg. 1; reg. 29 in force for other specified purposes at (7.4.1997) by S.I. 1996/1803, {reg. 1)}
Regulation 31 not in force at Royal Assent see reg. 1; reg. 31 in force for certain purposes at (1.4.1997) by S.I. 1996/1803, reg. 1; reg. 31 in force for other specified purposes at (7.4.1997) by S.I. 1996/1803, {reg. 1)}
Regulation 32 not in force at Royal Assent see reg. 1; reg. 32 in force for certain purposes at (1.4.1997) by S.I. 1996/1803, reg. 1; reg. 32 in force for other specified purposes at (7.4.1997) by S.I. 1996/1803, {reg. 1)}
Words in reg. 1(1) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Schs. 3, Sch. 4)
Reg. 1(1)(c) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Schs. 3, Sch. 4)
Words in reg. 1(4) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Schs. 3, Sch. 4)
Reg. 2 revoked (6.4.1997) by The Social Security (Miscellaneous Amendments) (No.2) Regulations 1997 (S.I. 1997/793), regs. 1(1)(a), 19(a)
Reg. 4 revoked (7.4.2003) by The Child Benefit (General) Regulations 2003 (S.I. 2003/493), reg. 1(1), Sch. 2 Pt. 1
Reg. 5 revoked (10.4.2006) by Child Benefit (Rates) Regulations 2006 (S.I. 2006/965), regs. 1(1), 4
Reg. 6 revoked (10.4.2006) by Child Benefit (Rates) Regulations 2006 (S.I. 2006/965), regs. 1(1), 4
Regs. 22-36 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Schs. 3, Sch. 4)
Reg. 40(a) revoked (10.4.2006 for specified purposes) by Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), regs. 1(e), 9(2), Schs.
Reg. 49 substituted (1.6.1999) by S.I. 1999/1510, art. 42, reg. 1
Reg. 1(4) modified (7.4.2003 for specified purposes) by The Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 (S.I. 2003/492), regs. 1, 43, Sch. 3 Pts. 1 (with regs. 1(2), 44)
Regs. 18-21 modified (7.4.2003 for specified purposes) by The Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 (S.I. 2003/492), regs. 1, 43, Sch. 3 Pts. 1 (with regs. 1(2), 44)
See section 145(5) of the Social Security Contributions and Benefits Act 1992 (c.4).
Section 54 is an interpretation provision and is cited because of the meaning assigned to the word “prescribed".
Sections 123, 135 and 137 are amended to have effect in relation to council tax benefit by Schedule 9 to the Local Government Finance Act 1992 (c.14). Sections 137(1) and 147(1) are interpretation provisions and are cited because of the meaning assigned to the word “prescribed".
1992 c.5; section 191 is an interpretation provision and is cited because of the meaning assigned to the word “prescribe".
Section 35(1) is an interpretation provision and is cited because of the meaning assigned to the word “prescribed".
See section 176(1) of the Social Security Administration Act 1992 (c.5).
See section 172(1) of the Social Security Administration Act 1992 (c.5).
The definition of “benefit week" in regulation 2(1) of the Income Support Regulations is amended by S.I. 1988/1445.
Regulation 1(2) is amended by S.I. 1993/913, 1995/1045 and 1995/3261.
S.I. 1976/1267 is amended by S.I. 1977/1328, 1980/110, 1991/502, 1993/965, 1995/559 and 1996/1803.
Regulation 3(1) is amended by S.I. 1994/227.
S.I. 1976/1267; the relevant amending instruments are S.I. 1977/1328, 1991/502, 543, 1595.
Regulation 6(2) is amended by S.I. 1995/1045.
Regulation 9 is amended by S.I. 1993/913, 1995/1045 and 1995/3261.
Regulation 11(1) is amended by S.I. 1994/227, 1995/1045 and 1995/3261.
Regulation 23(2) is amended by S.I. 1994/227.
Regulation 26(1) is amended by S.I. 1995/1045.
Regulation 28(1) is amended by S.I. 1993/913.
Schedule 1 is amended by S.I. 1993/613 and 1995/1045.
Regulation 2(3) is amended by S.I. 1992/247.
Regulation 9(3) is amended by S.I. 1989/136.
Paragraph 2 of Schedule 8 is amended by S.I. 1991/2741.
S.I. 1976/1267; the relevant amending instrument is S.I. 1996/1803.
Regulation 42 is amended by S.I. 1988/663, 1992/468 and 1995/2303.
S.I. 1976/1267; the relevant amending instrument is S.I. 1996/1803.
Regulation 57(1)(b) is amended by S.I. 1990/1776.
Paragraph 3 is amended by S.I. 1988/1445.
Paragraph 4 is amended by S.I. 1988/1445 and 1990/1776.
Paragraph 10C is inserted by S.I. 1988/2022 and amended by S.I. 1990/547, 1992/3147 and 1995/559.
Paragraph 5 is amended by S.I. 1988/1445 and 1989/534.
S.I. 1976/1267; the relevant amending instrument is S.I. 1996/1803.
Regulation 8 is amended by S.I. 1991/547, 1992/589 and 1993/965.
S.I. 1976/1267; the relevant amending instrument is S.I. 1996/1803.
Whereas a draft of this instrument was laid before Parliament in accordance with section 52(2) of the Child Support Act 1991
Now, therefore, the Secretary of State for Social Security, in conjunction with the Treasury
These Regulations may be cited as the Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 and shall come into force—
for the purposes of regulations 1,
for the purposes of regulations 2 to 21 and 37 to 49, on 7th April 1997;
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Regulations 37 to 41 of these Regulations shall have effect in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after 7th April 1997 which applies in his case and for the purpose of this paragraph, “benefit week" and “claimant" have the same meaning as in regulation 2(1) of the Income Support Regulations.
Regulations 42 to 46 of these Regulations shall have effect in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after 7th April 1997 which applies in his case and for the purpose of this paragraph, “benefit week" has the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations
In these Regulations—
“the Adjudication Regulations" means the Social Security (Adjudication) Regulations 1995
“the Child Benefit Regulations" means the Child Benefit (General) Regulations 1976
“the Child Benefit Rates Regulations" means the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976
“the Child Support Maintenance Assessments Regulations" means the Child Support (Maintenance Assessments and Special Cases) Regulations 1992
“the Claims and Payments Regulations" means the Social Security (Claims and Payments) Regulations 1987
“the Income Support Regulations" means the Income Support (General) Regulations 1987
“the Jobseeker’s Allowance Regulations" means the Jobseeker’s Allowance Regulations 1996
“the Overlapping Benefits Regulations" means the Social Security (Overlapping Benefits) Regulations 1979
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“Child Benefit Rates Regulations" means the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976
In regulation 3(1) of the Child Support Maintenance Assessments Regulations
an amount equal to— the amount specified in paragraph 3(b) of the relevant Schedule; or where the person with care is a lone parent as defined in regulation 2(1) of the Income Support Regulations, the amount specified in paragraph 3(a) of the relevant Schedule.
sub-paragraph (d) shall be omitted.
In regulation 4 of the Child Support Maintenance Assessments Regulations (basic rate of child benefit) for the words “regulation 2(1) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976
In regulation 6(2)(b) of the Child Support Maintenance Assessments Regulations
Regulation 9 of the Child Support Maintenance Assessments Regulations
In paragraph (1)—
in sub-paragraph (c)—
if he were a claimant, the conditions in paragraph 3(a) of the relevant Schedule would be satisfied;
for the words “column 2 of paragraph 15(1) of that Schedule (income support lone parent premium)" there shall be substituted the words “that sub-paragraph";
in sub-paragraph (f)—
after the words “that parent", there shall be inserted the words “but he is not a lone parent as defined in regulation 2(1) of the Income Support Regulations,";
after the words “specified in", there shall be inserted the words “sub-paragraph (b) of".
In paragraph (2)(c)(iv), for the words “3 of the Schedule" there shall be substituted the words “3(b) of the relevant Schedule".
In paragraph (3)—
for the words “any amounts" there shall be substituted the words “any amount";
for the words “and (f)" there shall be substituted the words “or (f)".
Regulation 11 of the Child Support Maintenance Assessments Regulations
In paragraph (1)—
where, if the absent parent were a claimant, the conditions in paragraph 3(a) of the relevant Schedule (income support family premium) would be satisfied, an amount equal to the amount specified in that sub-paragraph;
in sub-paragraph (f)—
after the word “satisfied" there shall be inserted the words “but he is not a lone parent as defined in regulation 2(1) of the Income Support Regulations";
after the words “specified in" there shall be inserted the words “sub-paragraph (b) of".
In paragraph (3)—
for the words “any amounts" there shall be substituted the words “any amount";
for the words “and (f)" there shall be substituted the words “or (f)"; and
the words “income support lone parent premium and" shall be omitted.
In regulation 19(2)(c) of the Child Support Maintenance Assessments Regulations (both parents are absent) for the words “not include any amount mentioned in regulation 3(1)(d) (income support lone parent premium)" there shall be substituted the words “include the amount specified in regulation 3(1)(c)(i) but not the amount specified in regulation 3(1)(c)(ii) (income support family premium)".
In regulation 23(2) of the Child Support Maintenance Assessments Regulations
In regulation 26(1)(b) of the Child Support Maintenance Assessments Regulations
In regulation 28(1)(b) of the Child Support Maintenance Assessments Regulations
Schedule 1 to the Child Support Maintenance Assessments Regulations
Where child benefit in respect of a relevant child is in payment at the rate specified in regulation 2(1)(a)(ii) of the Child Benefit Rates Regulations, the difference between that rate and the basic rate applicable to that child, as defined in regulation 4.
In paragraph 20—
in head (ii) of sub-paragraph (a), for the words “to (d)" there shall be substituted the words “and (c)";
in sub-paragraph (b), for the words “3(1)(c)" there shall be substituted the words “3(1)(c)(i)".
if the parent satisfies the conditions for payment of the rate of child benefit specified in regulation 2(1)(a)(ii) of the Child Benefit Rates Regulations, an amount representing the difference between that rate and the basic rate, as defined in regulation 4;
In regulation 2(3) of the Claims and Payments Regulations
In regulation 9(3) of the Claims and Payments Regulations
In Part II of Schedule 1 to the Claims and Payments Regulations (interchange of claims for child benefit with claims for other benefits), the words “Increase in child benefit under regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976" shall be omitted.
he is a lone parent within the meaning set out in regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976
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In regulation 42 of the Income Support Regulations
child benefit to which paragraph (2D) refers;
This paragraph refers to child benefit payable in accordance with regulation 2(1)(a)(ii) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976
In regulation 57 of the Income Support Regulations (period over which payments other than periodical payments are to be taken into account), in both head (ii) of paragraph (1)(b)
Schedule 2 to the Income Support Regulations (applicable amounts) shall be amended in accordance with the following paragraphs.
where the claimant is a lone parent and no premium is applicable under paragraph 9, 9A, 10 or 11, £15.75; in any other case,
In Part III (premiums)—
in paragraph 4
paragraph 8 (lone parent premium) shall be omitted.
In Part IV (amounts of premiums), in paragraph 15, the entries in both columns of sub-paragraph (1) (lone parent premium) shall be omitted.
In Schedule 7 to the Income Support Regulations (applicable amounts in special cases)—
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in Column (2) of paragraph 10C
In paragraph 5 of Schedule 8 to the Income Support Regulations
In regulation 105 of the Jobseeker’s Allowance Regulations (notional income)—
child benefit to which paragraph (2A) refers;
This paragraph refers to child benefit payable in accordance with regulation 2(1)(a)(ii) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976
In regulation 121 of the Jobseeker’s Allowance Regulations (period over which payments other than periodical payments are to be taken into account), in both head (ii) of paragraph (1)(b) and paragraph (2)(b), the words “and lone parent" shall be omitted.
Schedule 1 to the Jobseeker’s Allowance Regulations (applicable amounts) shall be amended in accordance with the following paragraphs.
where the claimant is a lone parent and no premium is applicable under paragraph 10, 11, 12 or 13, £15.75; in any other case,
In Part III (premiums)—
in paragraph 5, for the words “paragraphs 9" there shall be substituted the words “paragraphs 10";
paragraph 9 (lone parent premium) shall be omitted.
In Part IV (amounts of premiums), in paragraph 20, the entries in both columns of sub-paragraph (1) (lone parent premium) shall be omitted.
In the entry in paragraph (b) of column (2) of paragraph 9 of Schedule 5 to the Jobseeker’s Allowance Regulations (applicable amount for lone parents who are in residential accommodation temporarily), for the words “regulation 83(d), (e) or (f) in so far as that amount relates to the lone parent premium under paragraph 9 of Schedule 1" there shall be substituted the words “regulation 83(d) or (f)".
In paragraph 6 of Schedule 6 to the Jobseeker’s Allowance Regulations (disregard of certain sums in the calculation of a lone parent’s earnings), for the words “lone parent premium under" there shall be substituted the words “family premium under paragraph 4(a) of".
In regulation 8 of the Overlapping Benefits Regulations
Where child benefit is payable to a beneficiary at the rate for the time being specified in regulation 2(1)(a)(ii) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 in a case where that benefit is guardian’s allowance payable to any person under section 77 of that Act, an amount equal to the amount, less £0.75, by which the rate is specified in regulation 2(1)(a)(i) of the Child Benefit Rates Regulations (weekly rate for only, elder or eldest child) exceeds the rate specified in regulation 2(1)(b) of those Regulations (weekly rate for other children); and in any other case, an amount equal to the amount, less £0.75, by which the rate specified in regulation 2(1)(a)(ii) of the Child Benefit Rates Regulations exceeds the rate specified in regulation 2(1)(b) of those Regulations. Subject to paragraph (6) of this regulation, where child benefit is payable to a beneficiary at the rate for the time being specified in regulation 2(1)(a)(i) of the Child Benefit Rates Regulations (weekly rate for only, elder or eldest child) and for the same period, in respect of the same child, any benefit or increase in benefit under the Contributions and Benefits Act is or would be payable to a beneficiary, the weekly rate of that benefit or increase thereof shall be reduced by an amount equal to the amount, less £0.75, by which the rate specified in regulation 2(1)(a)(i) of the Child Benefit Rates Regulations exceeds the rate specified in regulation 2(1)(b) of those Regulations.
paragraphs (4), (5) and (7) shall be omitted.
Where an applicant for a review of a decision relating to child benefit—
makes his application on or before 7th October 1997; and
in respect of any week or weeks prior to 7th April 1997 but no more than 26 weeks before the date of the application referred to in paragraph (a) of this regulation (“the relevant period"), would have satisfied the conditions, as were then in force, in regulation 2(2) of the Child Benefit Rates Regulations relating to an increase in the weekly rate of child benefit; and
was not in receipt of an increase in the weekly rate of child benefit under regulation 2(2) of those Regulations in respect of the relevant period,
that application for review shall be treated, in addition, as if it were a claim for an increase in the weekly rate of child benefit under regulation 2(2) of those Regulations in respect of the relevant period.
A decision with respect to a maintenance assessment in force on 7th April 1997 shall not be superseded by a decision under section 17 of the Child Support Act 1991 (“ the Act ”) solely to give effect to these Regulations.
These Regulations shall apply to a fresh maintenance assessment made by virtue of—
a revision under section 16 of the Act of a decision with respect to a maintenance assessment; or
a decision under section 17 of the Act which supersedes a decision with respect to a maintenance assessment,
as from the effective date of that revision under section 16 of the Act or, as the case may be, decision under section 17 of the Act.
Signed by authority of the Secretary of State for Social Security.
We consent,
(This note is not part of the Regulations)
These Regulations, in particular regulation 5, amend the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (S.I. 1976/1267) (“the Child Benefit Rates Regulations") so as to specify a composite rate of child benefit to be payable in respect of the only, elder or eldest child of a lone parent rather than two distinct rates.
These Regulations also make certain other amendments which are consequential on, or relate to, the above—
—they amend the Social Security (Adjudication) Regulations 1995 (S.I. 1995/1801) by reducing the time limit for submitting applications for review of decisions relating to child benefit (regulation 2);
—they omit a transitional provision in the Child Benefit Rates Regulations which is no longer necessary (regulation 6);
—they make consequential amendments to the Child Support (Maintenance Assessment and Special Cases) Regulations 1992 (S.I. 1992/1815) (regulations 7, 9 and 17) and to the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968) (regulations 18 to 21);
—they amend the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814) and the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) so as to provide that a claimant is treated as possessing certain child benefit and that certain child benefit is disregarded in the calculation of income other than earnings in certain circumstances (regulations 23, 27(b), 30 and 35(b));
—they amend provisions in the Income Support (General) Regulations 1987 (S.I. 1987/1967) and the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207) relating to the calculation of notional income in so far as it relates to the new composite rate of child benefit (regulations 37 and 42);
—they amend the Social Security (Overlapping Benefits) Regulations 1979 (S.I. 1979/597) so as to provide for the reduction of awards of certain benefits and increases in those benefits where child benefit is being paid in respect of the only, elder or eldest child of a lone parent (regulation 47).
Regulations 48 and 49 are transitional provisions relating respectively to the treatment of applications for review of decisions relating to child benefit made on or before 7th October 1997 and of maintenance assessments for child support which are in force on 7th April 1997.
These Regulations also replace the premium which is applicable in relation to lone parents in receipt of council tax benefit (regulations 22, 24 to 27(a) and 28), housing benefit (regulations 29, 31 to 35(a) and 36), income support (regulations 38 to 41) and jobseeker’s allowance (regulations 43 to 46), with an additional element to the family premium. They also provide for consequential amendments both elsewere in the relevant regulations relating to those benefits and in the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 (regulations 8 and 10 to 16) in connection with this change.
These Regulations also make amendments to the Child Benefit (General) Regulations 1976 (S.I. 1976/965) which are unrelated to the above. In particular, they provide that unmarried partners shall not be entitled to child benefit in any week where they are exempt from United Kingdom income tax (regulation 3) and that no person shall be entitled to child benefit in respect of a child who, in any week, is living with another person as his spouse (regulation 4). Transitional protection is also provided for in both cases.
The Report of the Social Security Advisory Committee dated 2nd May 1996 on the proposals referred to them in respect of regulations 2 to 6 and 18 to 48 of these Regulations, together with a statement showing the extent to which those Regulations give effect to the Recommendations of the Committee, and in so far as they do not give effect to them, the reasons why not, are contained in Command Paper Cm. 3296, published by Her Majesty’s Stationery Office.
These Regulations do not impose a charge on business.