Regulation 38 Amendment of regulation 36 of the Maintenance Assessment Procedure Regulations

Regulation 36 of the Maintenance Assessment Procedure Regulations (amount of and period of reduction of relevant benefit under a reduced benefit direction) shall be amended in accordance with the following provisions of this regulation.

In paragraph (4), for the words “Subject to paragraph (5)”, there shall be substituted the words “ Subject to paragraphs (5), (5A) and (5B) ”.

After paragraph (5), there shall be inserted the following paragraphs—

“(5A)

Where the relevant benefit is family credit or disability working allowance and, at the time a direction is given, a lump sum payment has already been made under the provisions of regulation 27(1A) of the Social Security (Claims and Payments) Regulations 1987 M1 (payment of family credit or disability working allowance by lump sum) the direction shall, subject to paragraph (5B), come into operation on the first day of any benefit week which immediately follows the period in respect of which the lump sum payment was made, or the first day of any benefit week which immediately follows 18th April 1995 if later.

(5B)

Where the period in respect of which the lump sum payment was made is not immediately followed by a benefit week, but family credit or disability working allowance again becomes payable, or income support becomes payable, during a period of 52 weeks from the date the direction was given, the direction shall come into operation on the first day of the second benefit week which immediately follows the expiry of a period of 14 days from service of the notice specified in paragraph (5C).

(5C)

Where paragraph (5B) applies, the parent to or in respect of whom family credit or disability working allowance has again become payable, or income support has become payable, shall be notified in writing by a child support officer that the amount of family credit, disability working allowance or income support paid to or in respect of her will be reduced in accordance with the provisions of paragraph (5B) if she continues to fail to comply with the obligations imposed by section 6 of the Act.

(5D)

Where—

(a)

family credit or disability working allowance has been paid by lump sum under the provisions of regulation 27(1A) of the Social Security (Claims and Payments) Regulations 1987 (whether or not a benefit week immediately follows the period in respect of which the lump sum payment was made); and

(b)

where income support becomes payable to or in respect of a parent to or in respect of whom family credit or disability working allowance was payable at the time the direction referred to in paragraph (5A) was made, income support shall become a relevant benefit for the purposes of that direction and the amount payable by way of income support shall be reduced in accordance with that direction.

(5E)

In circumstances to which paragraph (5A)

or (5B) applies, where no relevant benefit has become payable during a period of 52 weeks from that date on which a direction was given, it shall lapse.”.