The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996

Explanatory Note

(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.