The Child Support and Income Support (Amendment) Regulations 1995

Amendment of regulation 40 of the Maintenance Assessment Procedure RegulationsE+W+S

39.—(1) Regulation 40 of the Maintenance Assessment Procedure Regulations (suspension of a reduced benefit direction where a modified applicable amount is payable) shall be amended in accordance with the following provisions of this regulation.

(2) After paragraph (1) there shall be inserted the following paragraph—

“(1A) Where a direction is given or is in operation at a time when income support is payable to or in respect of the parent concerned, but her applicable amount includes a residential allowance under regulation 17 of, and paragraph 2A of Schedule 2 to, the Income Support Regulations M1 (applicable amounts for those in residential care or nursing homes), that direction shall be suspended for as long as her applicable amount includes a residential allowance under regulation 17 and paragraph 2A of Schedule 2, or 52 weeks, whichever period is the shorter.”.

(3) In paragraph (2), after the words “paragraph (1)” the words “ or (1A) ” shall be inserted.