Amendment of the Child Support (Maintenance Assessment Procedure) Regulations 19923

1

The Child Support (Maintenance Assessment Procedure) Regulations 19927 shall be amended in accordance with the following paragraphs.

2

In regulation 1(3) (citation, commencement and interpretation)8—

a

in sub-paragraph (a), for the words after “payable, or” substitute “the circumstances in regulation 40(3) or regulation 40ZA(4), as the case may be, apply;”; and

b

in sub-paragraph (b) for the words after “given,” substitute “, the circumstances in regulation 40(3) or regulation 40ZA(4), as the case may be, apply; or”.

3

In regulation 8D(8) (miscellaneous provisions in relation to interim maintenance assessments)9 and in regulation 30A(5) (effective dates of new maintenance assessments in particular cases)10, after “income support” in each place where those words occur insert “, state pension credit”.

4

In regulation 40 (suspension of a reduced benefit direction in specified circumstances)11—

a

in the heading, for the words after “direction” substitute “(income support)”;

b

in paragraph (1)—

i

for the words after “concerned” to “paragraph (3)”, substitute “but the circumstances in paragraph (3) apply to her”; and

ii

for the words after “so long as” to “that paragraph”, substitute “those circumstances apply”;

c

omit paragraph (1A);

d

in paragraph (2) omit “or (1A)”; and

e

for paragraph (3) substitute—

3

The circumstances referred to in paragraph (1) are that—

a

she is resident in a care home or an independent hospital;

b

she is being provided with a care home service or an independent health care service; or

c

her applicable amount falls to be calculated under regulation 21 of and any of paragraphs 1 to 3 of Schedule 7 to the Income Support Regulations (patients)12.

4

In paragraph (3)—

  • “care home” has the meaning assigned to it by section 3 of the Care Standards Act 200013;

  • “care home service” has the meaning assigned to it by section 2(3) of the Regulation of Care (Scotland) Act 200114;

  • “independent health care service” has the meaning assigned to it by section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001; and

  • “independent hospital” has the meaning assigned to it by section 2 of the Care Standards Act 2000.

5

In regulation 40ZA (suspension of a reduced benefit direction in specified circumstances)15—

a

in the heading, for the words after “direction” substitute “(income-based jobseeker’s allowance)”;

b

in paragraph (1)—

i

for the words after “concerned” to “paragraph (4)”, substitute “but the circumstances in paragraph (4) apply to her”; and

ii

for the words after “so long as” to “those provisions”, substitute “those circumstances apply”;

c

omit paragraph (2);

d

in paragraph (3), omit “or (2)”; and

e

for paragraph (4), substitute—

4

The circumstances referred to in paragraph (1) are that—

a

she is resident in a care home or an independent hospital;

b

she is being provided with a care home service or an independent health care service; or

c

her applicable amount falls to be calculated under regulation 85 of and paragraph 1 or 2 of Schedule 5 to the Jobseeker’s Allowance Regulations (patients)16.

5

In paragraph (4)—

  • “care home” has the meaning assigned to it by section 3 of the Care Standards Act 2000;

  • “care home service” has the meaning assigned to it by section 2(3) of the Regulation of Care (Scotland) Act 2001;

  • “independent health care service” has the meaning assigned to it by section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001; and

  • “independent hospital” has the meaning assigned to it by section 2 of the Care Standards Act 2000.