The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013

CHAPTER 2 CHILD SUPPORT

Amendment of the Child Support (Maintenance Assessment Procedure) Regulations 1992

40.—(1) The Child Support (Maintenance Assessment Procedure) Regulations 1992(1) are amended as follows.

(2) In regulation 1(2) (interpretation), after the definition of “relevant person”, insert—

“;

“universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012”.

(3) In regulation 23 (date from which a decision is superseded)(2) —

(a) at the beginning of paragraphs (3), (5), (10), (12), (13) and (20), insert “Subject to paragraph (25),”;

(b) at the beginning of paragraph (1), after “paragraph (2)” insert “or (25)”;

(c) in paragraph (4), for “paragraph (19)” substitute “paragraphs (19) and (25)”; and

(d) after paragraph (24) insert—

“(25) Where a superseding decision is made under regulation 20(2) or (3) with respect to the circumstance that a parent with care or an absent parent—

(a) has been awarded universal credit on the basis that they have no earned income;

(b) was awarded universal credit on that basis and their award has been revised or superseded on the basis of their having, at the time the award was made or after that time, earned income; or

(c) was awarded universal credit on the basis that they had earned income and their award has been revised or superseded on the basis of their not having, at the time the award was made or after that time, earned income,

the decision takes effect from the first day of the maintenance period in which the award of universal credit, or the revision or supersession of such an award, as the case may be, took effect or is due to take effect.

(26) For the purposes of paragraph (25), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013(3).”.

Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992

41.—(1) The Child Support (Maintenance Assessments and Special Cases) Regulations 1992(4) are amended as follows.

(2) In regulation 1(2) (interpretation)—

(a) after the definition of “clinical commissioning group” insert—

““contribution-based jobseeker’s allowance” means an allowance under the Jobseekers Act as amended by the provisions of Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act as that Act has effect apart from those provisions;”; and

(b) after the definition of “training allowance”, insert—

““universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012;”.

(3) After regulation 10B (Assessable income : state pension credit paid to or in respect of a parent with care or an absent parent)(5) insert—

“Assessable income : universal credit paid to or in respect of the parent concerned

10C.— (1) The circumstances prescribed for the purpose of the reference to universal credit in sub-paragraph (4) of paragraph 5 of Schedule 1 to the Child Support Act 1991 (as that paragraph has effect apart from section 1 of the Child Support, Pensions and Social Security Act 2000)(6) are where the universal credit that is paid to or in respect of the parent concerned is calculated on the basis that the parent has no earned income.

(2) In paragraph (1), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.”.

(4) In Schedule 2, after paragraph 7 (amounts to be disregarded when calculating or estimating N and M) insert—

“7A   Any payment of universal credit.”.

Amendment of the Child Support Departure Direction and Consequential Amendments Regulations 1996

42.—(1) The Child Support Departure Direction and Consequential Amendments Regulations 1996(7) are amended as follows.

(2) In regulation 1 (interpretation)(8)—

(a) in paragraph (2), after the definition of “relevant person” insert—

“;

“relevant universal credit” means, in relation to an absent parent or parent with care, an award of universal credit made to the parent in question, where the award is calculated on the basis that the parent does not have any earned income;

“universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012”;

(b) after paragraph (2) insert—

“(2A) For the purposes of the definition of “relevant universal credit” in paragraph (2), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.”.

(3) In regulation 9 (departure directions and persons in receipt of income support etc.)(9)—

(a) in the heading to the regulation, after “jobseeker’s allowance,” insert “universal credit”;

(b) in paragraph (1)—

(i) in sub-paragraphs (a) and (c), for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or relevant universal credit”; and

(ii) in sub-paragraph (b), for “or working tax credit” substitute “, working tax credit or relevant universal credit”;

(c) in sub-paragraphs (a) and (b) of paragraph (2), for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or relevant universal credit”; and

(d) in paragraph (3)—

(i) in sub-paragraphs (a) and (c), for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or relevant universal credit”; and

(ii) in sub-paragraph (b), for “or working tax credit” substitute “, working tax credit or relevant universal credit”.

(4) In regulation 12 (meaning of “benefit” for the purposes of section 28E of the Child Support Act 1991)(10), for “and council tax benefit” substitute “council tax benefit and relevant universal credit”.

Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000

43.—(1) The Child Support (Maintenance Calculations and Special Cases) Regulations 2000(11) are amended as follows.

(2) In regulation 1(2) (interpretation)(12)—

(a) after the definition of “child tax credit”, insert—

““contribution-based jobseeker’s allowance” means an allowance under the Jobseekers Act as amended by the provisions of Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act as that Act has effect apart from those provisions;”; and

(b) after the definition of “Contributions and Benefits (Northern Ireland) Act”, insert—

““contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the Welfare Reform Act 2012 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;”.

(3) In regulation 4 (flat rate)(13)—

(a) in paragraph (2), omit “and” after sub-paragraph (c) and, after sub-paragraph (d) insert—

“; and

(e) universal credit under Part 1 of the Welfare Reform Act 2012, where the award of universal credit is calculated on the basis that the non-resident parent does not have any earned income”; and

(b) after paragraph (3), insert—

“(4) For the purposes of paragraph (2)(e) and regulation 5(d), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013 (earned income).”.

(4) In regulation 5(d) (nil rate)(14) omit “or” after sub-paragraph (i) and after sub-paragraph (ii) insert—

“;

(iii) in receipt of universal credit under Part 1 of the Welfare Reform Act 2012, where the award of universal credit is calculated on the basis that they do not have any earned income; or

(iv) in a case not covered by paragraph (iii), a member of a couple where their partner is in receipt of universal credit under Part 1 of the Welfare Reform Act 2012 and the award of universal credit is calculated on the basis that the non-resident parent does not have any earned income”.

Amendment of the Child Support Maintenance Calculation Regulations 2012

44.—(1) The Child Support Maintenance Calculation Regulations 2012(15) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) after the definition of “the 1991 Act” insert—

““contribution-based jobseeker’s allowance” means an allowance under the Jobseekers Act 1995 as amended by the provisions of Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act 1995 as that Act has effect apart from those provisions;”; and

(b) for the definition of “contributory employment and support allowance” substitute—

““contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the Welfare Reform Act 2012 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act 2007 as that Part has effect apart from those provisions;”.

(3) In regulation 44 (flat rate)—

(a) in paragraph (2), omit “and” after sub-paragraph (c) and, after sub-paragraph (d), insert—

“and

(e) universal credit under Part 1 of the Welfare Reform Act 2012, where the award of universal credit is calculated on the basis that the non-resident parent does not have any earned income”; and

(b) after paragraph (4), insert—

“(5) For the purposes of paragraph (2)(e) and regulation 45(1)(c), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.”.

(4) In regulation 45(1)(c) (nil rate), omit “or” after paragraph (i) and, after paragraph (ii), insert—

“;

(iii) in receipt of universal credit under Part 1 of the Welfare Reform Act 2012, where the award of universal credit is calculated on the basis that they do not have any earned income; or

(iv) in a case not covered by paragraph (iii), a member of a couple where their partner is in receipt of universal credit under Part 1 of the Welfare Reform Act 2012 and the award of universal credit is calculated on the basis that the non-resident parent does not have any earned income”.

(1)

S.I. 1992/1813. The Regulations are revoked in certain cases by S.I. 2001/157 (amended by S.I. 2003/328 and 347) and 2012/2785 .

(2)

The regulation was substituted by S.I. 1999/1047 and amended by 2000/1596, 2012/1267 and 2012/2683.

(3)

S.I.. 2013/376.

(4)

S.I. 1992/1815; the Regulations were revoked in certain cases by S.I. 2001/157 (amended by S.I. 2003/347) and 2012/2785M. Regulation 1(2) was amended by S.I. 2013/235; there are other amendments of that provision that are not relevant to these Regulations.

(5)

Regulation 10B was inserted by S.I. 2003/2779.

(6)

1991 c. 48. Paragraph 5(4) was amended by paragraph 2 of Schedule 2 to the Welfare Reform Act 2012 (c. 5).

(7)

S.I. 1996/2907. The Regulations were revoked in certain cases by S.I. 2001/157 (amended by S.I. 2003/347) and 2012/2785.

(8)

Regulation 1(2) has been amended in ways that are not relevant to these Regulations.

(9)

Regulation 9 was substituted by S.I. 1998/58 and amended by S.I. 2003/328, 2003/2779 and 2008/1554.

(10)

Regulation 12 was amended by S.I. 2003/328, 2003/2779 and 2008/1554.

(11)

S.I. 2001/155. The Regulations were revoked in certain cases by S.I. 2012/2785.

(12)

Regulation 1(2) has been amended in ways that are not relevant to these Regulations.

(13)

Regulation 4(2) was amended by S.I. 2002/3019 and 2008/1554.

(14)

Regulation 5(d) was amended by S.I. 2008/1554.

(15)

S.I. 2012/2677.