The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996

• Citation: S.I. 1996/1803
• Sections: 49

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 and shall come into force—

(a) for the purposes of regulations 1, ... on 1st April 1997;

(b) for the purposes of regulations 2 to 21 and 37 to 49, on 7th April 1997;

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Regulations 37 to 41 of these Regulations shall have effect in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after 7th April 1997 which applies in his case and for the purpose of this paragraph, “benefit week" and “claimant" have the same meaning as in regulation 2(1) of the Income Support Regulations.

(3) Regulations 42 to 46 of these Regulations shall have effect in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after 7th April 1997 which applies in his case and for the purpose of this paragraph, “benefit week" has the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations .

(4) In these Regulations—

“the Adjudication Regulations" means the Social Security (Adjudication) Regulations 1995 ;

“the Child Benefit Regulations" means the Child Benefit (General) Regulations 1976 ;

“the Child Benefit Rates Regulations" means the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 ;

“the Child Support Maintenance Assessments Regulations" means the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 ;

“the Claims and Payments Regulations" means the Social Security (Claims and Payments) Regulations 1987 ;

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“the Income Support Regulations" means the Income Support (General) Regulations 1987 ;

“the Jobseeker’s Allowance Regulations" means the Jobseeker’s Allowance Regulations 1996 ;

“the Overlapping Benefits Regulations" means the Social Security (Overlapping Benefits) Regulations 1979 .

Section 2 Amendment of regulation 59 of the Adjudication Regulations

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Section 3 Amendment of regulation 9 of the Child Benefit Regulations

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Section 4 Insertion of regulation 9A into the Child Benefit Regulations

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Section 5 Amendment of regulation 2 of the Child Benefit Rates Regulations

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Section 6 Revocation of regulation 4 of the Child Benefit Rates Regulations

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Section 7 Amendment of regulation 1 of the Child Support Maintenance Assessments Regulations

In regulation 1(2) of the Child Support Maintenance Assessments Regulations (interpretation) after the definition of “the Act" there shall be inserted the following definition—

“Child Benefit Rates Regulations" means the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 ;

Section 8 Amendment of regulation 3 of the Child Support Maintenance Assessments Regulations

In regulation 3(1) of the Child Support Maintenance Assessments Regulations (calculation of AG)—

(a) for sub-paragraph (c) there shall be substituted the following sub-paragraph—

(c) an amount equal to—

(i) the amount specified in paragraph 3(b) of the relevant Schedule; or

(ii) where the person with care is a lone parent as defined in regulation 2(1) of the Income Support Regulations, the amount specified in paragraph 3(a) of the relevant Schedule.

(b) sub-paragraph (d) shall be omitted.

Section 9 Amendment of regulation 4 of the Child Support Maintenance Assessments Regulations

In regulation 4 of the Child Support Maintenance Assessments Regulations (basic rate of child benefit) for the words “regulation 2(1) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (rates of child benefit)" there shall be substituted the words “regulation 2(1)(a)(i) or 2(1)(b) of the Child Benefit Rates Regulations (weekly rate for only, elder or eldest child and for other children)".

Section 10 Amendment of regulation 6 of the Child Support Maintenance Assessments Regulations

In regulation 6(2)(b) of the Child Support Maintenance Assessments Regulations (the additional element) for the words “regulation 3(1)(c)" there shall be substituted the words “regulation 3(1)(c)(i)".

Section 11 Amendment of regulation 9 of the Child Support Maintenance Assessments Regulations

(1) Regulation 9 of the Child Support Maintenance Assessments Regulations (exempt income: calculation or estimation of E) shall be amended in accordance with the following paragraphs.

(2) In paragraph (1)—

(a) in sub-paragraph (c)—

(i) for head (ii) there shall be substituted the following head—

(ii) if he were a claimant, the conditions in paragraph 3(a) of the relevant Schedule would be satisfied;

(ii) for the words “column 2 of paragraph 15(1) of that Schedule (income support lone parent premium)" there shall be substituted the words “that sub-paragraph";

(b) in sub-paragraph (f)—

(i) after the words “that parent", there shall be inserted the words “but he is not a lone parent as defined in regulation 2(1) of the Income Support Regulations,";

(ii) after the words “specified in", there shall be inserted the words “sub-paragraph (b) of".

(3) In paragraph (2)(c)(iv), for the words “3 of the Schedule" there shall be substituted the words “3(b) of the relevant Schedule".

(4) In paragraph (3)—

(a) for the words “any amounts" there shall be substituted the words “any amount";

(b) for the words “and (f)" there shall be substituted the words “or (f)".

Section 12 Amendment of regulation 11 of the Child Support Maintenance Assessments Regulations

(1) Regulation 11 of the Child Support Maintenance Assessments Regulations (protected income) shall be amended in accordance with the following paragraphs.

(2) In paragraph (1)—

(a) for sub-paragraph (c) there shall be substituted the following sub-paragraph—

(c) where, if the absent parent were a claimant, the conditions in paragraph 3(a) of the relevant Schedule (income support family premium) would be satisfied, an amount equal to the amount specified in that sub-paragraph;

(b) in sub-paragraph (f)—

(i) after the word “satisfied" there shall be inserted the words “but he is not a lone parent as defined in regulation 2(1) of the Income Support Regulations";

(ii) after the words “specified in" there shall be inserted the words “sub-paragraph (b) of".

(3) In paragraph (3)—

(a) for the words “any amounts" there shall be substituted the words “any amount";

(b) for the words “and (f)" there shall be substituted the words “or (f)"; and

(c) the words “income support lone parent premium and" shall be omitted.

Section 13 Amendment of regulation 19 of the Child Support Maintenance Assessments Regulations

In regulation 19(2)(c) of the Child Support Maintenance Assessments Regulations (both parents are absent) for the words “not include any amount mentioned in regulation 3(1)(d) (income support lone parent premium)" there shall be substituted the words “include the amount specified in regulation 3(1)(c)(i) but not the amount specified in regulation 3(1)(c)(ii) (income support family premium)".

Section 14 Amendment of regulation 23 of the Child Support Maintenance Assessments Regulations

In regulation 23(2) of the Child Support Maintenance Assessments Regulations (person caring for children of more than one absent parent) for the words “, (c) or (d)" there shall be substituted the words “or (c)".

Section 15 Amendment of regulation 26 of the Child Support Maintenance Assessments Regulations

In regulation 26(1)(b) of the Child Support Maintenance Assessments Regulations (cases where child support maintenance is not to be payable), in head (ii), for the word “11(1)(f)" there shall be substituted the words “11(1)(c) or (f)".

Section 16 Amendment of regulation 28 of the Child Support Maintenance Assessments Regulations

In regulation 28(1)(b) of the Child Support Maintenance Assessments Regulations (amount payable where absent parent is in receipt of income support or other prescribed benefit), for the word “3" there shall be substituted the words “3(a) or (b)".

Section 17 Amendment of Schedule 1 to the Child Support Maintenance Assessments Regulations

(1) Schedule 1 to the Child Support Maintenance Assessments Regulations (calculation of N and M) shall be amended in accordance with the following paragraphs.

(2) After sub-paragraph (5) of paragraph 7 there shall be added the following sub-paragraph—

(6) Where child benefit in respect of a relevant child is in payment at the rate specified in regulation 2(1)(a)(ii) of the Child Benefit Rates Regulations, the difference between that rate and the basic rate applicable to that child, as defined in regulation 4.

(3) In paragraph 20—

(a) in head (ii) of sub-paragraph (a), for the words “to (d)" there shall be substituted the words “and (c)";

(b) in sub-paragraph (b), for the words “3(1)(c)" there shall be substituted the words “3(1)(c)(i)".

(4) For sub-paragraph (a) of paragraph 28 there shall be substituted the following sub-paragraph—

(a) if the parent satisfies the conditions for payment of the rate of child benefit specified in regulation 2(1)(a)(ii) of the Child Benefit Rates Regulations, an amount representing the difference between that rate and the basic rate, as defined in regulation 4;

Section 18 Amendment of regulation 2 of the Claims and Payments Regulations

In regulation 2(3) of the Claims and Payments Regulations (treatment as separate benefits), the words from “and so shall" to the end of that paragraph shall be omitted.

Section 19 Amendment of regulation 9 of the Claims and Payments Regulations

In regulation 9(3) of the Claims and Payments Regulations (interchange of claims for child benefit with claims for other benefits), the words “(except an increase in child benefit)" shall be omitted.

Section 20 Amendment of Schedule 1 to the Claims and Payments Regulations

In Part II of Schedule 1 to the Claims and Payments Regulations (interchange of claims for child benefit with claims for other benefits), the words “Increase in child benefit under regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976" shall be omitted.

Section 21 Amendment of Schedule 8 to the Claims and Payments Regulations

For paragraph 2(a) of Schedule 8 to the Claims and Payments Regulations (election to have child benefit paid weekly), there shall be substituted the following sub-paragraph—

(a) he is a lone parent within the meaning set out in regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 , or

Section 22 Amendment of regulation 10 of the Council Tax Benefit Regulations

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Section 23 Amendment of regulation 26 of the Council Tax Benefit Regulations

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Section 24 Amendment of regulation 40 of the Council Tax Benefit Regulations

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Section 25 Amendment of Schedule 1 to the Council Tax Benefit Regulations

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Section 26 Amendment of Schedule 3 to the Council Tax Benefit Regulations

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Section 27 Amendment of Schedule 4 to the Council Tax Benefit Regulations

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Section 28 Amendment of Schedule 5A to the Council Tax Benefit Regulations

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Section 29 Amendment of regulation 18 of the Housing Benefit Regulations

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Section 30 Amendment of regulation 35 of the Housing Benefit Regulations

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Section 31 Amendment of regulation 48A of the Housing Benefit Regulations

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Section 32 Amendment of regulation 51 of the Housing Benefit Regulations

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Section 33 Amendment of Schedule 2 to the Housing Benefit Regulations

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Section 34 Amendment of Schedule 3 to the Housing Benefit Regulations

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Section 35 Amendment of Schedule 4 to the Housing Benefit Regulations

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Section 36 Amendment of Schedule 5A to the Housing Benefit Regulations

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Section 37 Amendment of regulation 42 of the Income Support Regulations

In regulation 42 of the Income Support Regulations (notional income)—

(a) for sub-paragraph (d) of paragraph (2) there shall be substituted the following sub-paragraph—

(d) child benefit to which paragraph (2D) refers;

(b) after paragraph (2C), there shall be inserted the following paragraph—

(2D) This paragraph refers to child benefit payable in accordance with regulation 2(1)(a)(ii) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (weekly rate for only, elder or eldest child of a lone parent) but only to the extent that it exceeds the amount specified in regulation 2(1)(a)(i) of those Regulations.

Section 38 Amendment of regulation 57 of the Income Support Regulations

In regulation 57 of the Income Support Regulations (period over which payments other than periodical payments are to be taken into account), in both head (ii) of paragraph (1)(b) and paragraph (2)(b), the words “and lone parent" shall be omitted.

Section 39 Amendment of Schedule 2 to the Income Support Regulations

(1) Schedule 2 to the Income Support Regulations (applicable amounts) shall be amended in accordance with the following paragraphs.

(2) In Part II (family premium), in paragraph 3 , after the words “shall be", there shall be inserted the words—

(a) where the claimant is a lone parent and no premium is applicable under paragraph 9, 9A, 10 or 11, £15.75;

(b) in any other case,

(3) In Part III (premiums)—

(a) in paragraph 4 , for the words “paragraphs 8" there shall be substituted the words “paragraphs 9";

(b) paragraph 8 (lone parent premium) shall be omitted.

(4) In Part IV (amounts of premiums), in paragraph 15, the entries in both columns of sub-paragraph (1) (lone parent premium) shall be omitted.

Section 40 Amendment of Schedule 7 to the Income Support Regulations

In Schedule 7 to the Income Support Regulations (applicable amounts in special cases)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in Column (2) of paragraph 10C (applicable amounts for lone parents in residential accommodation temporarily), in sub-paragraph (b), the words “, or (d) in so far as that amount relates to the lone parent premium under paragraph 8 of Schedule 2" shall be omitted.

Section 41 Amendment of Schedule 8 to the Income Support Regulations

In paragraph 5 of Schedule 8 to the Income Support Regulations (disregard of certain sums in the calculation of a lone parent’s earnings), for the words “lone parent premium under" there shall be substituted the words “family premium under paragraph 3(a) of".

Section 42 Amendment of regulation 105 of the Jobseeker’s Allowance Regulations

In regulation 105 of the Jobseeker’s Allowance Regulations (notional income)—

(a) for sub-paragraph (c) of paragraph (2), there shall be substituted the following sub-paragraph—

(c) child benefit to which paragraph (2A) refers;

(b) after paragraph (2), there shall be inserted the following paragraph—

(2A) This paragraph refers to child benefit payable in accordance with regulation 2(1)(a)(ii) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (weekly rate for only, elder or eldest child of a lone parent) but only to the extent that it exceeds the amount specified in regulation 2(1)(a)(i) of those Regulations.

Section 43 Amendment of regulation 121 of the Jobseeker’s Allowance Regulations

In regulation 121 of the Jobseeker’s Allowance Regulations (period over which payments other than periodical payments are to be taken into account), in both head (ii) of paragraph (1)(b) and paragraph (2)(b), the words “and lone parent" shall be omitted.

Section 44 Amendment of Schedule 1 to the Jobseeker’s Allowance Regulations

(1) Schedule 1 to the Jobseeker’s Allowance Regulations (applicable amounts) shall be amended in accordance with the following paragraphs.

(2) In Part II (family premium), in paragraph 4, after the words “shall be", there shall be inserted the words—

(a) where the claimant is a lone parent and no premium is applicable under paragraph 10, 11, 12 or 13, £15.75;

(b) in any other case,

(3) In Part III (premiums)—

(a) in paragraph 5, for the words “paragraphs 9" there shall be substituted the words “paragraphs 10";

(b) paragraph 9 (lone parent premium) shall be omitted.

(4) In Part IV (amounts of premiums), in paragraph 20, the entries in both columns of sub-paragraph (1) (lone parent premium) shall be omitted.

Section 45 Amendment of Schedule 5 to the Jobseeker’s Allowance Regulations

In the entry in paragraph (b) of column (2) of paragraph 9 of Schedule 5 to the Jobseeker’s Allowance Regulations (applicable amount for lone parents who are in residential accommodation temporarily), for the words “regulation 83(d), (e) or (f) in so far as that amount relates to the lone parent premium under paragraph 9 of Schedule 1" there shall be substituted the words “regulation 83(d) or (f)".

Section 46 Amendment of Schedule 6 to the Jobseeker’s Allowance Regulations

In paragraph 6 of Schedule 6 to the Jobseeker’s Allowance Regulations (disregard of certain sums in the calculation of a lone parent’s earnings), for the words “lone parent premium under" there shall be substituted the words “family premium under paragraph 4(a) of".

Section 47 Amendment of regulation 8 of the Overlapping Benefits Regulations

In regulation 8 of the Overlapping Benefits Regulations (adjustment of benefit or increase in benefit by reference to child benefit)—

(a) for paragraphs (2) and (3) there shall be substituted the following paragraphs—

(2) Where child benefit is payable to a beneficiary at the rate for the time being specified in regulation 2(1)(a)(ii) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (in this regulation referred to as the “Child Benefit Rates Regulations") (weekly rate for only, elder or eldest child of a lone parent) and for the same period, in respect of the same child, any benefit or increase in benefit under the Contributions and Benefits Act is or would be payable to a beneficiary, the weekly rate of that benefit or increase thereof shall be reduced by—

(a) in a case where that benefit is guardian’s allowance payable to any person under section 77 of that Act, an amount equal to the amount, less £0.75, by which the rate is specified in regulation 2(1)(a)(i) of the Child Benefit Rates Regulations (weekly rate for only, elder or eldest child) exceeds the rate specified in regulation 2(1)(b) of those Regulations (weekly rate for other children); and

(b) in any other case, an amount equal to the amount, less £0.75, by which the rate specified in regulation 2(1)(a)(ii) of the Child Benefit Rates Regulations exceeds the rate specified in regulation 2(1)(b) of those Regulations.

(3) Subject to paragraph (6) of this regulation, where child benefit is payable to a beneficiary at the rate for the time being specified in regulation 2(1)(a)(i) of the Child Benefit Rates Regulations (weekly rate for only, elder or eldest child) and for the same period, in respect of the same child, any benefit or increase in benefit under the Contributions and Benefits Act is or would be payable to a beneficiary, the weekly rate of that benefit or increase thereof shall be reduced by an amount equal to the amount, less £0.75, by which the rate specified in regulation 2(1)(a)(i) of the Child Benefit Rates Regulations exceeds the rate specified in regulation 2(1)(b) of those Regulations.

(b) paragraphs (4), (5) and (7) shall be omitted.

Section 48 Transitional provision relating to applications for review

Where an applicant for a review of a decision relating to child benefit—

(a) makes his application on or before 7th October 1997; and

(b) in respect of any week or weeks prior to 7th April 1997 but no more than 26 weeks before the date of the application referred to in paragraph (a) of this regulation (“the relevant period"), would have satisfied the conditions, as were then in force, in regulation 2(2) of the Child Benefit Rates Regulations relating to an increase in the weekly rate of child benefit; and

(c) was not in receipt of an increase in the weekly rate of child benefit under regulation 2(2) of those Regulations in respect of the relevant period,

that application for review shall be treated, in addition, as if it were a claim for an increase in the weekly rate of child benefit under regulation 2(2) of those Regulations in respect of the relevant period.

Section 49 Transitional provision relating to maintenance assessments

(1) A decision with respect to a maintenance assessment in force on 7th April 1997 shall not be superseded by a decision under section 17 of the Child Support Act 1991 (“ the Act ”) solely to give effect to these Regulations.

(2) These Regulations shall apply to a fresh maintenance assessment made by virtue of—

(a) a revision under section 16 of the Act of a decision with respect to a maintenance assessment; or

(b) a decision under section 17 of the Act which supersedes a decision with respect to a maintenance assessment,

as from the effective date of that revision under section 16 of the Act or, as the case may be, decision under section 17 of the Act .