The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2003

Amendment of the Child Support (Maintenance Calculation Procedure) Regulations 2000

5.—(1) The Child Support (Maintenance Calculation Procedure) Regulations 2000(1) shall be amended in accordance with the following paragraphs.

(2) In regulation 8(2)(b) (interpretation of Part IV)—

(a)in head (i) for the words after “payable, or” substitute “the circumstances in regulation 14(4) or 15(4), as the case may be, apply;”; and

(b)in head (ii) for the words after “given,” substitute “the circumstances in regulation 14(4) or 15(4), as the case may be, apply,”.

(3) In regulation 14 (suspension of a reduced benefit decision in specified circumstances (income support))—

(a)in the heading, omit “when a modified applicable amount is payable”;

(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 “that paragraph”, 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 21 of and any of paragraphs 1 to 3 of Schedule 7 to the Income Support Regulations (patients).

(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.”.

(4) In regulation 15 (suspension of a reduced benefit decision in specified circumstances (income-based jobseeker’s allowance))—

(a)in the heading, omit “when a modified applicable amount is payable”;

(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).

(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.”.