BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

United Kingdom Statutory Instruments


You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2003
URL: http://www.bailii.org/uk/legis/num_reg/2003/20032779.html

[New search] [Help]



2003 No. 2779

FAMILY LAW

CHILD SUPPORT

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

  Made 4th November 2003 
  Coming into force in accordance with regulation 1

Whereas a draft of this instrument was laid before Parliament in accordance with section 52(2) of the Child Support Act 1991[1] and approved by resolution of each House of Parliament:

     Now, therefore, the Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 12(2), 16(1), 17(3), 28E(5), 42, 46, 51, 52 and 54 of, and paragraphs 4, 5, 6, 10(1) and 11 of Schedule 1 and paragraphs 2, 3(1)(b), 4(1)(b) and 5 of Schedule 4B to, the Child Support Act 1991[2] and section 29 of the Child Support, Pensions and Social Security Act 2000[3] and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Child Support (Miscellaneous Amendments) (No. 2) Regulations 2003 and shall come into force on the day after the day that they are made.

Amendment of the Child Support Departure Direction and Consequential Amendments Regulations 1996
    
2. In the Child Support Departure Direction and Consequential Amendments Regulations 1996[4] - 

after "income support" insert ", state pension credit".

Amendment of the Child Support (Maintenance Assessment Procedure) Regulations 1992
     3.  - (1) The Child Support (Maintenance Assessment Procedure) Regulations 1992[7] shall be amended in accordance with the following paragraphs.

    (2) In regulation 1(3) (citation, commencement and interpretation)[8] - 

    (3) In regulation 8D(8) (miscellaneous provisions in relation to interim maintenance assessments)[9] and in regulation 30A(5) (effective dates of new maintenance assessments in particular cases)[10], after "income support" in each place where those words occur insert ", state pension credit".

    (4) In regulation 40 (suspension of a reduced benefit direction in specified circumstances)[11] - 

    (5) In regulation 40ZA (suspension of a reduced benefit direction in specified circumstances)[15] - 

Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992
     4.  - (1) The Child Support (Maintenance Assessments and Special Cases) Regulations 1992[17] shall be amended in accordance with the following paragraphs.

    (2) In regulation 1(2) (citation, commencement and interpretation)[18] - 

    (3) In regulation 9(1) (exempt income: calculation or estimation of E)[20], for paragraph (h) substitute - 

    (4) After regulation 10A (assessable income: working tax credit paid to or in respect of a parent with care or an absent parent)[21] insert - 

    (5) In regulation 11(1) (protected income)[22], for paragraph (i) substitute - 

    (6) In Schedule 1 (calculation of N and M)[23] - 

    (7) In Schedule 2 (amounts to be disregarded when calculating or estimating N and M)[24] - 

Amendment of the Child Support (Maintenance Calculation Procedure) Regulations 2000
     5.  - (1) The Child Support (Maintenance Calculation Procedure) Regulations 2000[27] shall be amended in accordance with the following paragraphs.

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

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

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

Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000
     6.  - (1) The Child Support (Maintenance Calculations and Special Cases) Regulations 2000[28] shall be amended in accordance with the following paragraphs.

    (2) In regulation 1(2) (citation, commencement and interpretation)[29] - 

    (3) In regulation 4(1) (flat rate) - 

    (4) In regulation 5 (nil rate)[37], in paragraph (f), for "in a residential care home or nursing home" substitute "who is resident in a care home or an independent hospital or is being provided with a care home service or an independent health care service".

    (5) In regulation 11 (non-resident parent liable to pay maintenance under a maintenance order) - 

Amendment of the Child Support (Transitional Provisions) Regulations 2000
     7.  - (1) The Child Support (Transitional Provisions) Regulations 2000[38] shall be amended in accordance with the following paragraphs.

    (2) In regulation 2(1) (interpretation)[39], in the definition of "maximum transitional amount" for the words after "amount"" substitute "has the meaning given in regulation 25(5), (6) or (7), whichever is applicable;".

    (3) In regulation 7(g) (grounds on which a conversion decision may not be revised, superseded or altered on appeal) in sub-paragraph (ii) omit - 

    (4) In regulation 17 (relevant departure direction and relevant property transfer)[40], after paragraph (9) add - 

    (5) In regulation 24 (phasing amount)[42] - 

    (6) In regulation 25 (maximum transitional amount)[43] after paragraph (4) add - 

    (7) In regulation 27 (subsequent decision with effect in transitional period - amount payable)[45] - 

Amendment of the Child Support (Variations) Regulations 2000
     8. In regulation 28 (transitional provisions - conversion decisions) of the Child Support (Variations) Regulations 2000[46] for "Where" substitute "Subject to regulation 17(10) of the Transitional Regulations, where".

Savings
     9. Regulations 1(3), 40 and 40ZA of the Child Support (Maintenance Assessment Procedure) Regulations 1992 and regulations 8(2)(b), 14 and 15 of the Child Support (Maintenance Calculation Procedure) Regulations 2000 shall continue to have effect in relation to a person to whom any of those provisions applied before the date these Regulations come into force as if regulations 3(2), (4) and (5) and 5 of these Regulations had not come into force.



Signed by authority of the Secretary of State for Work and Pensions.


P. Hollis
Parliamentary Under-Secretary of State, Department for Work and Pensions

4th November 2003



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations provide for the amendment of regulations relating to child support.

The powers exercised to make these Regulations are those contained in the Child Support Act 1991 ("the 1991 Act"). Some of those powers are conferred by provisions of the 1991 Act prior to the amendments made to the 1991 Act by the Child Support, Pensions and Social Security Act 2000 ("the 2000 Act"), which amendments are not yet fully in force, and relate to the child support scheme which was in force prior to 3rd March 2003 and which remains in force for the purposes of certain cases ("the old scheme"). Other powers are conferred by provisions of the 1991 Act as amended by the 2000 Act, which relate to the child support scheme provided for by those amendments, which came into force for the purposes of specified categories of cases on 3rd March 2003 (see the Child Support, Pensions and Social Security Act 2000 (Commencement No. 12) Order 2003) ("the new scheme").

Regulations 2, 3(3), 4(2)(e), (4) and (7)(a) amend, respectively, the Child Support Departure Direction and Consequential Amendments Regulations 1996, the Child Support (Maintenance Assessment Procedure) Regulations 1992 ("the Assessment Procedure Regulations") and the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 ("the Assessments and Special Cases Regulations"), all of which relate to the old scheme, in consequence of the introduction of state pension credit.

Regulations 3(2), (4) and (5) and 5 respectively amend the Assessment Procedure Regulations, which relate to the old scheme, and the Child Support (Maintenance Calculation Procedure) Regulations 2000, which relate to the new scheme. The amendments are made in consequence of the abolition of the residential allowance in income support and income-based jobseeker's allowance and other changes resulting from the coming into force of the Care Standards Act 2000 and the Regulation of Care (Scotland) Act 2001. Regulation 9 makes savings provisions in respect of the amendments made by regulations 3(2), (4) and (5) and 5.

Regulations 4(2)(a) to (d), (3) and (5) and 6(2)(a) to (d) and (4) respectively amend the Assessments and Special Cases Regulations and the Calculations and Special Cases Regulations to reflect changes in terminology introduced in the Care Standards Act 2000 and the Regulation of Care (Scotland) Act 2001 and make provision for how persons who are in a care home or an independent hospital or who are being provided with a care home service or an independent health care service should be treated for child support purposes.

Regulations 4(6) and (7)(b) and (d) and 6(2)(g) and (3) respectively amend the Assessments and Special Cases Regulations, which relate to the old scheme, and the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 ("the Calculations and Special Cases Regulations"), which relate to the new scheme. The amendments provide for a war widower's pension to be treated for child support purposes in the same way as a war widow's pension is to be treated under provisions already in force and for the treatment for child support purposes of specific payments for war widows and widowers.

Regulation 4(7)(c) amends the provision in the Assessments and Special Cases Regulations which provides that specified payments from local authorities or the National Assembly for Wales shall not be counted as income for child support purposes.

In the Calculations and Special Cases Regulations, regulation 6(2)(e) amends the definition of "occupational pension scheme", regulation 6(2)(f) substitutes the definition of "training allowance" and regulation 6(5) amends the provision for cases where a non-resident parent is liable to pay child support maintenance as well as child maintenance under a court order in respect of a different child.

Regulation 7 amends the Child Support (Transitional Provisions) Regulations 2000 ("the Transitional Regulations"), which make provision for the conversion of cases from the old scheme to the new scheme. Regulation 7(2) and (6) amends provisions in respect of the "maximum transitional amount", which is the most a non-resident parent can be required to pay in child support maintenance, to make provision for cases where regulation 22 of the Transitional Regulations or regulation 26 of the Child Support (Variations) Regulations 2000 ("the Variations Regulations") applies. Regulation 7(3) amends regulation 7(g)(ii) of the Transitional Regulations to link the ground set out in that provision to the making of an application for a variation in relation to the same transfer of capital or property as has been taken into account as a "relevant property transfer" in the conversion decision. Regulation 7(4) amends the Transitional Regulations to ensure that a relevant property transfer and a variation cannot be in force at the same time in relation to the same property or capital transfer. Regulation 7(5) and (7) amends regulations 24 and 27 of the Transitional Regulations respectively to make provision for specific cases where a subsequent decision is made.

Regulation 8 makes an amendment to the Variations Regulations, which relate to the new scheme, in consequence of the amendment made by regulation 7(4).

These Regulations do not impose any costs on business.


Notes:

[1] 1991 c. 48. Section 52(2) was amended by paragraph 15 of Schedule 3 to the Child Support Act 1995 (c. 34) and is substituted by section 25 of the Child Support, Pensions and Social Security Act 2000 (c. 19) ("the 2000 Act").back

[2] Section 12 was amended by section 11 of the Child Support Act 1995 and paragraph 25 of Schedule 7 to the Social Security Act 1998 (c. 14). Section 16 was substituted by section 40 of the Social Security Act 1998 and is amended by section 8 of the 2000 Act. Section 17 was substituted by section 41 of the Social Security Act 1998 and is amended by section 9 of the 2000 Act. Section 28E(5) was inserted by section 5 of the Child Support Act 1995. Section 42 is amended by paragraph 11(2) of Schedule 3 to the 2000 Act. Section 46 was amended by paragraph 12 of Schedule 3 to the Child Support Act 1995, paragraph 20(4) of Schedule 2 to the Jobseekers Act 1995 (c. 18) and paragraph 43 of Schedule 7 to the Social Security Act 1998 and is substituted by section 19 of the 2000 Act. Section 51 was amended by paragraph 46 of Schedule 7 to the Social Security Act 1998 and is amended by paragraph 11(19) of Schedule 3 to the 2000 Act. Paragraphs 4 and 10(1) of Schedule 1 are substituted by Schedule 1 to the 2000 Act. Paragraph 5 of Schedule 1 was amended by paragraph 20(7) of Schedule 2 to the Jobseekers Act 1995 and is substituted by Schedule 1 to the 2000 Act. Schedule 4B was inserted by Schedule 2 to the Child Support Act 1995 and substituted by Part II of Schedule 2 to the 2000 Act. Section 54 is cited because of the meaning ascribed to "prescribed". See also S.I. 2003/192 (C.11).back

[3] 2000 c. 19.back

[4] S.I. 1996/2907, which is revoked, with savings, by S.I. 2001/156.back

[5] Relevant amending instruments are S.I. 1998/58 and 2003/328.back

[6] Relevant amending instrument is S.I. 2003/328.back

[7] S.I. 1992/1813, which is revoked, with savings, by S.I. 2001/157.back

[8] Relevant amending instruments are S.I. 1995/3261 and 1996/1345.back

[9] Regulation 8D was inserted by S.I. 1995/3261. Relevant amending instruments are S.I. 1996/3196, 1998/58 and 1999/1047.back

[10] Regulation 30A was inserted by S.I. 1995/3261. Relevant amending instruments are S.I. 1996/3196, 1998/58 and 1999/1047.back

[11] Relevant amending instruments are S.I. 1993/913 and 1995/1045.back

[12] S.I. 1987/1967. Relevant amending instruments are S.I. 1990/547, 1996/1803, 1998/563 and 2003/526 and 1195.back

[13] 2000 c. 14.back

[14] 2001 asp 8.back

[15] Regulation 40ZA was inserted by S.I. 1996/1345.back

[16] S.I. 1996/207. Relevant amending instruments are S.I. 1996/1516 and 2003/526 and 1195.back

[17] S.I. 1992/1815, which is revoked, with savings, by S.I. 2001/155.back

[18] Relevant amending instrument is S.I. 1999/1510 (C.43).back

[19] 2002 c. 16.back

[20] Relevant amending instruments are S.I. 1995/1045 and 3261, 1996/1803 and 1945, 1998/58, 2002/1204 and 2003/328.back

[21] Regulation 10A was inserted by S.I. 1996/3196. Relevant amending instruments are S.I. 1999/1510 (C.43) and 2003/328.back

[22] Relevant amending instruments are S.I. 1994/227, 1995/1045 and 3261, 1996/1803 and 1945, 1998/58 and 2003/328.back

[23] Relevant amending instruments are S.I. 1993/913, 1995/1045, 1996/1345, 1803, 1945 and 3196, 1998/58, 1999/977 and 1510 (C.43) and 2003/328.back

[24] Relevant amending instruments are S.I. 1993/913, 1995/1045 and 3261, 1996/481, 1345 and 3196, 1998/58, 1999/977 and 2003/328.back

[25] S.I. 1983/883. Article 29(1A) was inserted by S.I. 1994/1906. Relevant amending instruments are S.I. 2002/792 and 2003/434.back

[26] S.I. 1983/686. Article 27(3) was added by S.I. 1994/2021. Relevant amending instrument is S.I. 2002/672.back

[27] S.I. 2001/157.back

[28] S.I. 2001/155.back

[29] Relevant amending instruments are S.I. 2002/3019 and 2003/328.back

[30] 1973 c. 50. Section 2 was substituted by section 25(1) of the Employment Act 1988 (c. 19).back

[31] 1990 c. 35.back

[32] 1917 c. 51. Section 3 was amended by and section 13 was repealed by S.I. 1964/488. Section 4 was amended by the Armed Forces Act 1981 (c. 55). Sections 5 and 11 were repealed by the Statute Law Revision Act 1927 (c. 42). Section 6 was repealed by the Statute Law (Repeals) Act 1976 (c. 16). Section 7 and Schedule 1 were repealed by the Naval Discipline Act 1957 (c. 53). Sections 8 to 10 were repealed by the Defence (Transfer of Functions) Act 1964 (c. 15). Section 12 and Schedule 2 were repealed by the Revision of the Army and Air Forces Acts (Transitional Provisions) Act 1955 (c. 20).back

[33] 1939 c. 82. Section 2 was amended, and sections 3, 4 and 5 were repealed, by the Statute Law Revision Act 1953 (c. 5). Section 6 was repealed by the Theft Act 1968 (c. 60). Section 8 was modified by the Northern Ireland Act 1998 (c. 47). Section 9 was amended by the Statute Law Revision Act 1950 (c. 6).back

[34] 1939 c. 83. Section 1 was repealed by S.I. 1964/488. Section 2 was repealed by the War Orphans Act 1942 (c.8). Sections 3, 4, 5, 6, 7 and 10 were amended by the Pensions (Mercantile Marine) Act 1942 (c. 26). Section 4 was amended by the Pilotage Act 1983 (c. 21). Section 5 was amended by the Armed Forces Act 1981 (c. 55). Section 6 was amended by the Merchant Shipping Act 1970 (c. 36). Section 8 was repealed by the Theft Act 1968. Section 9 was repealed by S.I. 1965/145.back

[35] 1947 c. 19. Section 2 and the Schedule were amended by the National Assistance Act 1948 (c. 29). Section 3 was amended by S.I. 1951/174 and 1968/1699, the Supplementary Benefits Act 1976 (c. 71) and the Social Security Act 1980 (c. 30). Section 4 was amended by S.I. 1968/1699, the National Health Service Act 1977 (c. 49), the Social Security Act 1980, the Mental Health Act 1983 (c. 20) and the Health Authorities Act 1995 (c. 17). Sections 6, 7 and 12 and the Schedule were amended by the Social Security Act 1980. Sections 8 and 9 were repealed, and sections 10 and 12 were amended, by the Statute Law Revision Act 1953. Section 11 was amended by the Mental Health Act 1983 and the Mental Health (Scotland) Act 1984 (c. 36).back

[36] 1980 c. 9. Part VII was amended by the Armed Forces Act 1981, the Army Act 1992 (c. 39), the Statute Law (Repeals) Act 1993 (c. 50) and the Reserve Forces Act 1996 (c. 14).back

[37] Relevant amending instruments are S.I. 2002/3019 and 2003/1195.back

[38] S.I. 2000/3186.back

[39] Relevant amending instrument is S.I. 2003/328.back

[40] Relevant amending instrument is S.I. 2002/1204.back

[41] Relevant amending instrument is S.I. 2002/1204.back

[42] Relevant amending instruments are S.I. 2002/1204 and 2003/328.back

[43] Relevant amending instrument is S.I. 2003/328.back

[44] Relevant amending instruments are S.I. 2002/1204 and 2003/328.back

[45] Relevant amending instruments are S.I. 2002/1204 and 2003/328.back

[46] S.I. 2001/156.back



ISBN 0 11 048106 2


  Prepared 10 November 2003


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/legis/num_reg/2003/20032779.html