The Income Support (Liable Relatives) Regulations 1990

• Citation: S.I. 1990/1777
• Sections: 3

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Income Support (Liable Relatives) Regulations 1990 and shall come into force on 15th October 1990.

(2) In these Regulations—

“ the Act ” means the Social Security Act 1986; and

“ the Income Support Regulations ” means the Income Support (General) Regulations 1987 .

Section 2 Prescribed amounts for the purposes of section 24A of the Act

(1) For the purposes of section 24A of the Act (recovery of expenditure on income support: additional amounts and transfer of orders) the amount which may be included in the sum which the court may order the other parent to pay under section 24(4) of the Act shall be the whole of the following amounts which are payable to or for the claimant—

(a) any personal allowance under paragraph 2 of Part I of Schedule 2 to the Income Support Regulations for each of the children whom the other parent is liable to maintain;

(b) any family premium under paragraph 3 of Part II of that Schedule;

(c) any lone parent premium under paragraph 8 of Part III of that Schedule;

(d) any disabled child premium under paragraph 14 of Part III of that Schedule in respect of a child whom the other parent is liable to maintain; and

(e) any carer premium under paragraph 14ZA of Part III of that Schedule if, but only if, that premium is payable because the claimant is in receipt, or is treated as being in receipt, of carer’s allowance or the carer support payment component of carer support given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, by reason of the fact that he is caring for a severely disabled child or young person whom the other parent is liable to maintain.

(2) If the court is satisfied that in addition to the amounts specified in paragraph (1) above the liable parent has the means to pay, the sum which the court may order him to pay under section 24 of the Act may also include all or some of the amount of any personal allowance payable to or for the claimant under paragraph 1 of Part I of Schedule 2 to the Income Support Regulations.

Section 3 Notice to the Secretary of State of applications to alter etc. maintenance orders

(1) For the purposes of section 24B(5) of the Act (prescribed person in prescribed circumstances to notify the Secretary of State of application to alter etc. a maintenance order) the prescribed person is, and in paragraph (2) below that expression means,—

(a) in England and Wales—

(i) in relation to the High Court, where the case is proceeding in the deputy principal registry the senior registrar of that registry, and where the case is proceeding in a district registry the district registrar;

(ii) in relation to a county court, the proper officer of that court within the meaning of Order 1, Rule 3 of the County Court Rules 1981 ; and

(iii) in relation to a magistrates' court, the clerk to the justices of that court; and

(b) in Scotland—

(i) in relation to the Court of Session, the deputy principal clerk of session; and

(ii) in relation to a sheriff court, the sheriff clerk.

(2) For the purposes of that subsection the prescribed circumstances are that before the final determination of the application the Secretary of State has made a written request to the prescribed person that he be notified of any such application, and has not made a written withdrawal of that request.