FAMILY LAW 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 — a in the heading to, and in paragraphs (1)(a), (b) and (c), (2)(a) and (b) and (3)(a), (b) and (c) of, regulation 9 (departure directions and persons in receipt of income support, income-based jobseeker’s allowance or working tax credit) ; and b in regulation 12 (meaning of “benefit” for the purposes of section 28E of the Child Support Act 1991) ; 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 shall be amended in accordance with the following paragraphs. 2 In regulation 1(3) (citation, commencement and interpretation) — a in sub-paragraph (a), for the words after “payable, or” substitute “the circumstances in regulation 40(3) or regulation 40ZA(4), as the case may be, apply;”; and b in sub-paragraph (b) for the words after “given,” substitute “, the circumstances in regulation 40(3) or regulation 40ZA(4), as the case may be, apply; or”. 3 In regulation 8D(8) (miscellaneous provisions in relation to interim maintenance assessments) and in regulation 30A(5) (effective dates of new maintenance assessments in particular cases) , 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) — a in the heading, for the words after “direction” substitute “(income support)”; b in paragraph (1)— i for the words after “concerned” to “paragraph (3)”, substitute “but the circumstances in paragraph (3) apply to her”; and ii for the words after “so long as” to “that paragraph”, substitute “those circumstances apply”; c omit paragraph (1A); d in paragraph (2) omit “or (1A)”; and e for paragraph (3) substitute— 3 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) . 4 In paragraph (3)— “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. . 5 In regulation 40ZA (suspension of a reduced benefit direction in specified circumstances) — a in the heading, for the words after “direction” substitute “(income-based jobseeker’s allowance)”; 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. . Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 4 1 The Child Support (Maintenance Assessments and Special Cases) Regulations 1992 shall be amended in accordance with the following paragraphs. 2 In regulation 1(2) (citation, commencement and interpretation) — a in the definition of “home”, for “a residential care home or a nursing home” substitute “a care home or an independent hospital or to the provision of a care home service or an independent health care service”; b omit the definitions of “nursing home” and “residential care home”; c after the definition of “the Act” insert— “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; ; d after the definition of “Income Support Regulations” insert— “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; “independent hospital” has the meaning assigned to it by section 2 of the Care Standards Act 2000; ; and e after the definition of “self-employed earner” insert— “state pension credit” means the social security benefit of that name payable under the State Pension Credit Act 2002; . 3 In regulation 9(1) (exempt income: calculation or estimation of E) , for paragraph (h) substitute— h where the absent parent or his partner 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, the amount of fees paid in respect of that home, hospital or service, as the case may be, but where it has been determined that the absent parent in question or his partner is entitled to housing benefit in respect of fees for that home, hospital or service, as the case may be, the net amount of such fees after deduction of housing benefit; . 4 After regulation 10A (assessable income: working tax credit paid to or in respect of a parent with care or an absent parent) insert— Assessable income: state pension credit paid to or in respect of a parent with care or an absent parent 10B Where state pension credit is paid to or in respect of a parent with care or an absent parent, that parent shall, for the purposes of Schedule 1 to the Act, be taken to have no assessable income. . 5 In regulation 11(1) (protected income) , for paragraph (i) substitute— i where the absent parent or his partner 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, the amount of fees paid in respect of that home, hospital or service, as the case may be, but where it has been determined that the absent parent in question or his partner is entitled to housing benefit in respect of fees for that home, hospital or service, as the case may be, the net amount of such fees after deduction of housing benefit; . 6 In Schedule 1 (calculation of N and M) — a in paragraph 9A(2) after “war widow’s pension” insert “and a war widower’s pension”; and b in paragraph 22(1B)(2) after “war widow’s pension” insert “and a war widower’s pension”. 7 In Schedule 2 (amounts to be disregarded when calculating or estimating N and M) — a in paragraph 15 after “income support” insert “, state pension credit”; b in paragraph 18(a) and (b)(ii) after “war widow’s pension” insert “or war widower’s pension”; c for paragraph 48E substitute— 48E Any payment made by a local authority, or by the National Assembly for Wales, to a person relating to a service which is provided to develop or sustain the capacity of that person to live independently in his accommodation. ; and d after paragraph 48E add— 48F Any supplementary pension under article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (pensions to widows and widowers) or under article 27(3) of the Personal Injuries (Civilians) Scheme 1983 (pensions to widows and widowers) . . Amendment of the Child Support (Maintenance Calculation Procedure) Regulations 2000 5 1 The Child Support (Maintenance Calculation Procedure) Regulations 2000 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. . Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 6 1 The Child Support (Maintenance Calculations and Special Cases) Regulations 2000 shall be amended in accordance with the following paragraphs. 2 In regulation 1(2) (citation, commencement and interpretation) — a in the definition of “home”, for “a residential care home or a nursing home” substitute “a care home or an independent hospital or the provision of a care home service or an independent health care service”; b omit the definitions of “nursing home” and “residential care home”; c after the definition of “the Act” insert— “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; ; d after the definition of “Income Support Regulations” insert— “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; “independent hospital” has the meaning assigned to it by section 2 of the Care Standards Act 2000; ; e in the definition of “occupational pension scheme” after “1988” add “or is a statutory scheme to which section 594 of that Act applies”; f for the definition of “training allowance” substitute— “training allowance” means a payment under section 2 of the Employment and Training Act 1973 (“the 1973 Act ”) , or section 2 of the Enterprise and New Towns (Scotland) Act 1990 (“the 1990 Act ”) , which is paid— to a person for his maintenance; and in respect of a period during which that person— is undergoing training pursuant to arrangements made under section 2 of the 1973 Act or section 2 of the 1990 Act; and has no net weekly income of a type referred to in Part II or Part III of the Schedule; ; and g after the definition of “training allowance” insert— “war widow’s pension” means any pension or allowance payable for a widow which is— granted in respect of a death due to service or war injury and payable by virtue of the Air Force (Constitution) Act 1917 , the Personal Injuries (Emergency Provisions) Act 1939 , the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 , the Polish Resettlement Act 1947 or Part VII or section 151 of the Reserve Forces Act 1980 ; payable under so much of any Order in Council, Royal Warrant, order or scheme as relates to death due to service in the armed forces of the Crown, wartime service in the merchant navy or war injuries; payable in respect of death due to peacetime service in the armed forces of the Crown before 3rd September 1939, and payable at rates, and subject to conditions, similar to those of a pension within sub-paragraph (b); or payable under the law of a country other than the United Kingdom and of a character substantially similar to a pension within sub-paragraph (a), (b) or (c), and “war widower’s pension” shall be construed accordingly; . 3 In regulation 4(1) (flat rate)— a in sub-paragraph (e), omit “or war widow’s pension”; and b after sub-paragraph (e) add— and f a war widow’s pension or a war widower’s pension. . 4 In regulation 5 (nil rate) , 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)— a in paragraph (3) after “applies,” insert “subject to paragraph (5),”; and b after paragraph (4) add— 5 If the application of paragraph (3) would decrease the weekly amount of child support maintenance (or the aggregate of all such amounts) payable by the non-resident parent to the person with care (or all of them) to an amount which is less than a figure equivalent to the flat rate of child support maintenance payable under paragraph 4(1) of Schedule 1 to the Act, the non-resident parent shall instead be liable to pay child support maintenance at a rate equivalent to that flat rate apportioned (if appropriate) as provided in paragraph 6 of Schedule 1 to the Act. . Amendment of the Child Support (Transitional Provisions) Regulations 2000 7 1 The Child Support (Transitional Provisions) Regulations 2000 shall be amended in accordance with the following paragraphs. 2 In regulation 2(1) (interpretation) , 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— a “where” where it first appears in that sub-paragraph; and b “the relevant property transfer to be replaced with”. 4 In regulation 17 (relevant departure direction and relevant property transfer) , after paragraph (9) add— 10 Where— a a relevant property transfer is taken into account for the purposes of a conversion decision; b an application is made for a variation of a type referred to in paragraph 3 of Schedule 4B to the Act and Part IV of the Variations Regulations (property or capital transfers) which relates to the same property or capital transfer as the relevant property transfer referred to in sub-paragraph (a); and c the variation is agreed to, the relevant property transfer shall cease to have effect on the effective date of the subsequent decision which resulted from the application for a variation. . 5 In regulation 24 (phasing amount) — a in paragraph (3) for “and (5)” substitute “, (5) and (6)”; and b after paragraph (5) add— 6 Where a subsequent decision is made the effective date of which is the case conversion date— a the reference in paragraph (3) to the conversion decision shall apply as if it were a reference to the subsequent decision; and b the reference in paragraph (5) to the new amount shall apply as if it were a reference to the subsequent decision amount. . 6 In regulation 25 (maximum transitional amount) after paragraph (4) add— 5 Subject to paragraphs (6) and (7), “maximum transitional amount” means 30% of the non-resident parent’s net weekly income taken into account in the conversion decision, or the subsequent decision, as the case may be. 6 Where the new amount is calculated under regulation 22(1) , “maximum transitional amount” means 30% of the aggregate of the income calculated under regulation 22(1)(b). 7 Where the new amount or the subsequent decision amount, as the case may be, is calculated under regulation 26(1) of the Variations Regulations “maximum transitional amount” means 30% of the additional income arising under the variation. . 7 In regulation 27 (subsequent decision with effect in transitional period—amount payable) — a in paragraph (9) for “Where” substitute “Subject to paragraph (10), where”; and b after paragraph (9) add— 10 Where a subsequent decision (“decision B”) is made in respect of a decision which is itself a subsequent decision (“decision A”) and— a decision B has the same effective date as decision A; or b decision B— i is a revision or alteration on appeal of decision A; and ii includes within it a determination that the effective date of decision A was incorrect, paragraphs (2) to (5) shall apply so that the subsequent decision amount of decision B is compared with the new amount or the subsequent decision amount, as the case may be, which was in place immediately before decision A was made. . Amendment of the Child Support (Variations) Regulations 2000 8 In regulation 28 (transitional provisions—conversion decisions) of the Child Support (Variations) Regulations 2000 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