The Child Support (Maintenance Calculation Procedure) Regulations 2000

Amount of and period of reduction of relevant benefit under a reduced benefit decision E+W+S

11.—(1) The reduction in the amount payable by way of a relevant benefit to, or in respect of, the parent concerned and the period of such reduction by virtue of a reduced benefit decision shall be determined in accordance with paragraphs (2) to (8) below.

(2) Subject to paragraph (6) and regulations 12, 13, 14, and 15, there shall be a reduction for a period of 156 weeks from the day specified in the reduced benefit decision under the provisions of section 46(8) of the Act in respect of each such week equal to—

whereB is an amount equal to the weekly amount in relation to the week in question, specified in column (2) of paragraph 1(1) (e) of Schedule 2 to the Income Support Regulations.

(3) Subject to paragraph (4), a reduced benefit decision shall come into operation on the first day of the second benefit week following the date of the reduced benefit decision.

(4) Subject to paragraph (5), where a reduced benefit decision (“the subsequent decision”) is made on a day when a reduced benefit decision (“the earlier decision”) is in force in respect of the same parent, the subsequent decision shall come into operation on the day immediately following the day on which the earlier decision ceased to be in force.

(5) Where the relevant benefit is income support and the provisions of regulation 26(2) of the Social Security (Claims and Payments) Regulations 1987 M1 (deferment of payment of different amount of income support) apply, a reduced benefit decision shall come into operation on such later date as may be determined by the Secretary of State in accordance with those provisions.

(6) Where the benefit payable is income support or an income-based jobseeker’s allowance and there is a change in the benefit week whilst a reduced benefit decision is in operation, the period of the reduction specified in paragraph (2) shall be a period greater than 155 weeks but less than 156 weeks and ending on the last day of the last benefit week falling entirely within the period of 156 weeks specified in that paragraph.

(7) Where the weekly amount specified in column (2) of paragraph 1(1)(e) of Schedule 2 to the Income Support Regulations changes on a day when a reduced benefit decision is in operation, the amount of the reduction of income support or income-based jobseeker’s allowance shall be changed from the first day of the first benefit week to commence for the parent concerned on or after the day that weekly amount changes.

(8) Only one reduced benefit decision in relation to a parent concerned shall be in force at any one time.

Marginal Citations

M1 S.I. 1987/1968; relevant amending instruments are S.I. 1988/522, 1989/136 and 1999/3128.