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[F1 Bonus PeriodE+W+S

4.—(1) A bonus period comprises only days falling on or after 7th April 1997[F2, other than days to which paragraph (9) applies,] on which—

(a)the applicant or, where the applicant has a partner, her partner is entitled to, or is treated as entitled to a qualifying benefit whether it is payable or not;

(b)the applicant has residing with her a qualifying child; and

(c)child maintenance is either—

[F3(i)paid or payable to the applicant; or]

(ii)retained by the Secretary of State in accordance with section 74A(3) of the Social Security Administration Act 1992 M1.

(2) Any two or more bonus periods separated by any one connected period shall be treated as one bonus period

(3) For the purposes of these Regulations, “a connected period" is—

(a)any period of not more than 12 weeks falling between two bonus periods to which paragraph (1) refers;

(b)any period of not more than 12 weeks throughout which—

F4(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)the applicant ceases to be entitled to a qualifying benefit on becoming one of a couple and the couple fail to satisfy the conditions of entitlement to a qualifying benefit; or

(c)any period throughout which maternity allowance is payable to the applicant; or

(d)any period of not more than 2 years throughout which incapacity benefit, severe disablement allowance or [F5a carer’s allowance] is payable to the applicant.

(4) In calculating any period for the purposes of paragraph (3) no regard shall be had to any day which falls before 7th April 1997.

(5) Bonus periods separated by two or more connected periods shall not link to form a single bonus period but shall instead remain separate bonus periods.

(6) Where a qualifying child is temporarily absent for a period not exceeding 12 weeks from the home he shares with the applicant, the applicant shall be treated as satisfying the requirements of paragraph (1)(b) throughout that absence.

(7) A bonus period which would, but for this paragraph, have continued shall end—

(a)where the applicant or, where the applicant has a partner, her partner, satisfies the work condition and claims a bonus, on the last day of entitlement to a qualifying benefit to which any award made on that claim applies; or

[F6(b)on the date of death of a person with care of a qualifying child to whom child maintenance is payable.]

[F7(8) In paragraphs (1)(c)(i) and (9) “claimant”—

(a)where the qualifying benefit is income support, means a person who claims income support; and

(b)where the qualifying benefit is a jobseeker’s allowance, means a person who claims a jobseeker’s allowance.

(9) This paragraph applies to days on which the claimant is a person to whom—

(a)regulation 70 of the Income Support (General) Regulations 1987 (urgent cases) applies other than by virtue of paragraph (2)(a) of that regulation (certain persons from abroad), or

(b)regulation 147 of the Jobseeker’s Allowance Regulations 1996 applies other than by virtue of paragraph (2)(a) of that regulation.]]

Textual Amendments

F1Reg. 2-13 revoked by SI 2000/3176 reg. 4(1)(a) (as substituted) (3.3.2003 for specified purposes) by The Social Security (Child Maintenance Premium and Miscellaneous Amendments) Amendment Regulations 2003 (S.I. 2003/231), regs. 1, 2

F3Reg. 4(1)(c)(i) substituted (1.1.1998 coming into force in accordance with reg. 1(2)(3)(4)(5)(6)) by The Social Security (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/563), regs. 1, 2(4)

Marginal Citations

M1Section 74A was inserted by the Child Support Act 1995 (c.34) section 25.