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Statutory Instruments

2000 No. 3176

SOCIAL SECURITY

The Social Security (Child Maintenance Premium and Miscellaneous Amendments) Regulations 2000 I1

Made

30th November 2000

Laid before Parliament

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

M1,M2,M3,M4,M5,M6 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 1992 , sections 12(1) and (4)(b), 35(1) and 36(1), (2) and (4) of the Jobseekers Act 1995 , sections 10 and 26(1) to (3) of the Child Support Act 1995 and section 87(4) of the Northern Ireland Act 1998 , 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 concerned and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it , hereby makes the following Regulations:

[F1 Citation and commencement

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

(c)

under an agreement for maintenance;

(d)

in accordance with section 28J of dfnthe 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 . F1]

Child maintenance: income support and jobseeker’s allowance

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

(a) M8 at the end of the definition of “child support maintenance" in regulation 60A (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(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 benefit

F4 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocations and transitional provisions

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

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

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

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

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

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) M14 claims a child maintenance bonus on or after the commencement date but within the time specified in regulations 3(1)(f) , 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

Status: 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 24 February 2025. 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.
The Social Security (Child Maintenance Premium and Miscellaneous Amendments) Regulations 2000 (2000/3176)
Version from: 6 March 2006

Displaying information

Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
F1 Reg. 1 substituted (16.2.2004) by The Social Security (Child Maintenance Premium) Amendment Regulations 2004 (S.I. 2004/98) , regs. 1(2) , 4(1) substituted
F2 Reg. 2(1)(b) omitted (16.2.2004) by virtue of The Social Security (Child Maintenance Premium) Amendment Regulations 2004 (S.I. 2004/98) , regs. 1(2) , 4(2) omitted
F3 Reg. 2(2)(b) omitted (16.2.2004) by virtue of The Social Security (Child Maintenance Premium) Amendment Regulations 2004 (S.I. 2004/98) , regs. 1(2) , 4(2) omitted
F4 Reg. 3 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Schs. 3 , Sch. 4 ) this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
I1 This 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
M1 1992 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".
M2 1995 c. 18 ; section 35(1) is an interpretation provision and is cited because of the meaning ascribed to the words “prescribed" and “regulations".
M3 1995 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.
M4 1998 c. 47 .
M5 See section 176(1) of the Social Security Administration Act 1992 (c. 5) .
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.
M7 S.I. 1987/1967 .
M8 Regulation 60A was inserted by S.I. 1993/846 .
M9 S.I. 1996/207 .
M10 S.I. 1996/3195 .
M11 S.I. 1997/645 .
M12 S.I. 1997/454 .
M13 S.I. 1998/563 .
M14 Regulation 3(1)(f) was substituted by S.I. 1998/563 .
Defined Term Section/Article ID Scope of Application
an income-based jobseeker’s allowance reg. 1. def_5fbf6598ae
and shall include any payments made by the Secretary of State in lieu of such payments reg. 2. def_377620cf6a
and shall include any payments made by the Secretary of State in lieu of such payments reg. 2. def_98d4d37874
child maintenance reg. 1. def_7a9b0560e5
child support maintenance reg. 2. def_d5274c9d3d
child support maintenance reg. 2. def_e5a8b6b974
payment of child maintenance made voluntarily reg. 1. def_3559014970
the 1991 Act reg. 1. def_b497f93ceb
the 2000 Act reg. 1. def_ec0a251187
the Child Maintenance Bonus Regulations reg. 4. def_8073e09daf
the commencement date reg. 1. def_241a243ada
the Reciprocal Arrangements Regulations reg. 4. def_2098097298

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.

Contains public sector information licensed under the Open Government Licence v3.0.