Chwilio Deddfwriaeth

The Social Security (Child Maintenance Premium and Miscellaneous Amendments) Regulations 2000

 Help about what version

Pa Fersiwn

 Help about advanced features

Nodweddion Uwch

 Help about opening options

Dewisiadau Agor

Changes over time for: The Social Security (Child Maintenance Premium and Miscellaneous Amendments) Regulations 2000

 Help about opening options

Alternative versions:

Changes to legislation:

The Social Security (Child Maintenance Premium and Miscellaneous Amendments) Regulations 2000 is up to date with all changes known to be in force on or before 03 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to :

Statutory Instruments

2000 No. 3176

SOCIAL SECURITY

The Social Security (Child Maintenance Premium and Miscellaneous Amendments) Regulations 2000

Made

30th November 2000

Laid before Parliament

6th December 2000 Coming into force in accordance with regulation 1

The Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 123(1)(a), (d) and (e), 136(3) and (5)(b), 137(1) and 175(1) and (3) of the Social Security Contributions and Benefits Act 1992M1, sections 12(1) and (4)(b), 35(1) and 36(1), (2) and (4) of the Jobseekers Act 1995M2, sections 10 and 26(1) to (3) of the Child Support Act 1995M3 and section 87(4) of the Northern Ireland Act 1998M4, and of all other powers enabling him in that behalf, after consultation, in respect of regulation 3 of these Regulations, with organisations appearing to him to be representative of the authorities concernedM5 and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to itM6, hereby makes the following Regulations:

Commencement Information

I1This S. I. is in force for certain purposes at 3.3.2003 by S. I. 2003/192; otherwise 27.10.2008 by S.I. 2008/2545

Marginal Citations

M11992 c. 4; section 123(1)(e) was substituted by the Local Government Finance Act 1992 (c. 14), Schedule 9, paragraph 1(1); section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed".

M21995 c. 18; section 35(1) is an interpretation provision and is cited because of the meaning ascribed to the words “prescribed" and “regulations".

M31995 c. 34; the meaning ascribed to the word “prescribed" is given in section 54 of the Child Support Act 1991 (c. 48) which is applied to section 10 of the Child Support Act 1995 by section 27(2) of that Act.

M6 See sections 170 and 173(1)(b) of the Social Security Administration Act 1992 (c. 5); paragraph 67 of Schedule 2 to the Jobseekers Act 1995 added that Act to the list of “relevant enactments" in respect of which regulations must normally be referred to the Committee; paragraph 20 of Schedule 3 to the Child Support Act 1995 added section 10 of that Act to that list.

[F1 Citation and commencementE+W+S

1.(1) These Regulations may be cited as the Social Security (Child Maintenance Premium and Miscellaneous Amendments) Regulations 2000 and shall come into force—

(a) in relation to any particular case, on the date on which section 23 of the 2000 Act comes into force in relation to that type of case (“the commencement date”);

(b)in relation to a person who, on or after 16th February 2004—

(i)makes a claim for income support or an income-based jobseeker’s allowance; and

(ii)on or after the date of that claim receives any payment of child maintenance made voluntarily,

on 16th February 2004; or

(c)in relation to a person who—

(i)on 16th February 2004 is entitled to income support or an income-based jobseeker’s allowance; and

(ii)on or after 16th February 2004 receives any payment of child maintenance made voluntarily and that payment is the first payment of child maintenance received by that person whilst he is entitled to income support or an income-based jobseeker’s allowance,

on 16th February 2004 if a payment referred to in head (ii) above is received on that day, or on the day on which such a payment is received where it is received after 16th February 2004.

(2) In this regulation—

“the 1991 Act ” means the Child Support Act 1991;

“the 2000 Act ” means the Child Support, Pensions and Social Security Act 2000;

“child maintenance” shall have the same meaning as that prescribed for the purposes of section 74A of the Social Security Administration Act 1992;

“an income-based jobseeker’s allowance” has the meaning given by section 1(4) of the Jobseekers Act 1995;

“payment of child maintenance made voluntarily” means any payment of child maintenance other than such a payment made—

(a)

under a court order;

(b)

under a maintenance assessment made under the 1991 Act prior to its amendment by the 2000 Act or under a maintenance calculation made under the 1991 Act after its amendment by the 2000 Act ;

(c)

under an agreement for maintenance;

(d)

in accordance with section 28J of the 1991 Act ; or

(e)

by the Secretary of State in lieu of child maintenance, including any payment made by the Secretary of State under section 27 of the 2000 Act . ]

Child maintenance: income support and jobseeker’s allowanceE+W+S

2.—(1) In the Income Support (General) Regulations 1987 M7

(a)at the end of the definition of “child support maintenance" in regulation 60A M8 (child support: interpretation) there shall be added the words “ and shall include any payments made by the Secretary of State in lieu of such payments ”; and

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In the Jobseeker’s Allowance Regulations 1996 M9

(a)at the end of the definition of “child support maintenance" in regulation 125 (child support: interpretation) there shall be added the words “ and shall include any payments made by the Secretary of State in lieu of such payments ”; and

F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Housing benefit and council tax benefitE+W+S

F43.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocations and transitional provisionsE+W+S

4.—(1) Subject to paragraphs (2) to (4) below—

(a)regulations 2 to 13 of the Social Security (Child Maintenance Bonus) Regulations 1996 M10 (“the Child Maintenance Bonus Regulations");

(b)the Child Maintenance Bonus (Northern Ireland Reciprocal Arrangements) Regulations 1997 M11 (“the Reciprocal Arrangements Regulations");

(c)regulation 8 of the Social Security (Miscellaneous Amendments) Regulations 1997 M12; and

(d)regulation 2 of the Social Security (Miscellaneous Amendments) Regulations 1998 M13,

are hereby revoked.

(2) Subject to paragraph (3) below, regulations 2 to 13 of the Child Maintenance Bonus Regulations and the Reciprocal Arrangements Regulations shall continue to have effect as if paragraph (1) above had not been made in relation to a person who—

(a)claimed a child maintenance bonus before the commencement date but whose claim was not determined until on or after that date; or

(b)claims a child maintenance bonus on or after the commencement date but within the time specified in regulations 3(1)(f) M14, 10(1) and, where applicable, 11(4) of the Child Maintenance Bonus Regulations.

(3) For the purposes of paragraph (2) above, regulation 3(1)(f)(iii) of the Child Maintenance Bonus Regulations shall have effect as if for the words “14 days" there were substituted the words “ one month ”.

(4) Nothing in this regulation shall prevent the Secretary of State from issuing a written statement pursuant to regulation 6(1) of the Child Maintenance Bonus Regulations to a person who appears to him to satisfy the requirements of regulation 3 of those Regulations.

Signed by authority of the Secretary of State for Social Security.

P. Hollis,

Parliamentary Under-Secretary of State,

Department of Social Security

Explanatory Note

(This note is not part of the Regulations)

These Regulations come into force at different times for different cases according to the dates on which section 23 of the Child Support, Pensions and Social Security Act 2000 (c. 19) which is relevant to these Regulations, is commenced for different types of cases.

Regulations 2 and 3 of these Regulations amend the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) and the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814).

In particular, regulation 2(1)(b) and (2)(b) of these Regulations provides that for the purpose of ascertaining entitlement to income support and jobseeker’s allowance, up to £10 of a payment of child maintenance shall be disregarded. That disregarded amount is known as the child maintenance premium. Child maintenance is defined for these purposes as a payment prescribed for the purposes of section 74A of the Social Security Administration Act 1992 (c. 5) and payments by the Secretary of State in lieu of such maintenance.

Regulation 2(1)(a) and (2)(a) provides that for the purpose of calculating the weekly amount of child support maintenance, payments by the Secretary of State in lieu of periodical payments of child support maintenance shall be treated as payments of child support maintenance.

Regulation 3 provides that payments by the Secretary of State in lieu of child maintenance shall, for the purpose of ascertaining entitlement to housing benefit and council tax benefit, be treated as if they were payments of maintenance paid by a former partner of the claimant or his partner or by a parent of a child or young person.

Regulation 4 revokes, with transitional provisions, regulations 2 to 13 of the Social Security (Child Maintenance Bonus) Regulations 1996 (S.I. 1996/3195), the Child Maintenance Bonus (Northern Ireland Reciprocal Arrangements) Regulations 1997 (S.I. 1997/645), regulation 8 of the Social Security (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/454) and regulation 2 of the Social Security (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/563).

These Regulations do not impose a charge on business.

Yn ôl i’r brig

Options/Help

Print Options

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel gwnaed fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill