Regulation 4 Flat rateI1

England, Wales and Scotland

(1)

The following benefits, pensions and allowances are prescribed for the purposes of paragraph 4(1)(b) of Schedule 1 to the Act—

(a)

under the Contributions and Benefits Act—

F1(i)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)

category A retirement pension under section 44^f1;

(iii)

category B retirement pension under section 48C^f2;

(iv)

category C and category D retirement pensions under section 78^f3;

(v)

incapacity benefit under section 30A^f4;

(vi)

F2carer’s allowance under section 70;

(vii)

maternity allowance under section 35^f5 F3or 35B;

(viii)

severe disablement allowance under section 68^f6;

(ix)

industrial injuries benefit under section 94;

(x)

widowed mother’s allowance under section 37;

(xi)

widowed parent’s allowance under section 39A; and

(xii)

widow’s pension under section 38;

(b)

contribution-based jobseeker’s allowance under section 1 of the Jobseekers Act;

(c)

a social security benefit paid by a country other than the United Kingdom;

(d)

a training allowance (other than work-based training for young people or, in Scotland, Skillseekers training); F4...

(e)

a war disablement pension F5... within the meaning of section 150(2) of the Contributions and Benefits Act^f7 or a pension which is analogous to such a pension paid by the government of a country outside Great Britain F6...

F7(f)

a war widow's pension, war widower's pension or surviving civil partner's war pension; F8; F9...

(g)

a payment under a scheme mentioned in section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004 (compensation schemes for armed and reserve forces) F10...

F11(h)

contributory employment and support allowance under section 2 of the Welfare Reform ActF12; and

(i)

a state pension under Part 1 of the Pensions Act 2014.

(2)

The benefits prescribed for the purposes of paragraph 4(1)(c) of Schedule 1 to the Act are—

(a)

income support under section 124 of the Contributions and Benefits Act; and

(b)

income-based jobseeker’s allowance under section 1 of the Jobseekers Act F13and

(c)

state pension credit F14...

F15(d)

income-related employment and support allowance under section 4 of the Welfare Reform ActF16; and

(e)

universal credit under Part 1 of the Welfare Reform Act 2012, where the award of universal credit is calculated on the basis that the non-resident parent does not have any earned income.

(3I2)

Where the non-resident parent is liable to a pay a flat rate by virtue of paragraph 4(2) of Schedule 1 to the Act—

(a)

if he has one partner, then the amount payable by the non-resident parent shall be half the flat rate; and

(b)

if he has more than one partner, then the amount payable by the non-resident parent shall be the result of apportioning the flat rate equally among him and his partners.

F17(4)

For the purposes of paragraph (2)(e) and regulation 5(d), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013 (earned income).

Annotations

Textual amendments

F1: Reg. 4(1)(a)(i) omitted (6.4.2017) by virtue of The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 17 (with arts. 2, 3); S.I. 2017/297, art. 3(1)(b)
F2: Words in reg. 4 substituted (1.4.2003) by The Social Security Amendment (Carer’s Allowance) Regulations 2002 (S.I. 2002/2497), reg. 1(b), Sch. 2 paras. 1, 2
F3: Words in reg. 4(1)(a)(vii) inserted (18.5.2014) by The Social Security (Maternity Allowance) (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/884), regs. 1, 3(2)
F4: Word in reg. 4(1)(d) omitted (16.3.2005) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/785), regs. 1(2)(a), 6(2)(a)
F5: Words in reg. 4(1)(e) omitted (5.11.2003) by virtue of The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2003 (S.I. 2003/2779), regs. 1, 6(3)(a)
F6: Word in reg. 4(1)(e) omitted (16.3.2005) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/785), regs. 1(2)(a), 6(2)(a)
F7: Reg. 4(1)(f) substituted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 4 para. 7(3) (with art. 3)
F8: Reg. 4(1)(g) added (16.3.2005) by The Child Support (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/785), regs. 1(2)(a), 6(2)(b)
F9: Word in reg. 4(1)(f) omitted (27.10.2008) by virtue of The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 61(3)(a)(i)
F10: Word in reg. 4(1)(g) omitted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by virtue of The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 19(a)
F11: Reg. 4(1)(h) added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 61(3)(a)(ii)
F12: Reg. 4(1)(i) and word inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 19(b)
F13: Reg. 4(2)(c) and word added (6.10.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 27(3)
F14: Word in reg. 4(2) omitted (29.4.2013) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 43(3)(a)
F15: Reg. 4(2)(d) added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 61(3)(b)
F16: Reg. 4(2)(e) and word inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 43(3)(a)
F17: Reg. 4(4) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 43(3)(b)

Commencement

I1: Reg. 4(1)(2) in force at 31.1.2001, see reg. 1(5)
I2: Reg. 4(3) in force at 18.1.2001 in accordance with, see reg. 1(4)

Footnotes

f1: Section 44 was amended by paragraph 32 of Schedule 8 to the Pension Schemes Act 1993 (c. 48), sections 1–3, 5, 6, 8–10 of and Schedule 1 to, the Social Security (Incapacity for Work) Act 1994 (c. 18), sections 127–134 of, and Schedules 1 and 2 to, the Pensions Act 1995 (c. 26) and by sections 30(2) and 35(5)–(7) of the Child Support, Pensions and Social Security Act 2000. Section 44(4) was substituted by section 68 of the Social Security Act 1998 (c. 47).
f2: Section 48C was inserted by paragraph 7 of Schedule 8 to the Welfare Reform and Pensions Act 1999.
f3: Section 78 was amended by section 127–134 of, and Schedules 4 and 5 to, the Pensions Act 1995.
f4: Section 30A was inserted by section 1(1) of the Social Security (Incapacity for Work) Act 1994.
f5: Section 35 was amended by section 67 of the Social Security Act 1988, section 2 of the Still-Birth Definition Act 1992 (c. 29) and by section 53 of the Welfare Reform and Pensions Act 1999. Sections 35(1) and (1A) were substituted by section 53 of the Welfare Reform and Pensions Act 1999.
f6: Section 68 is prospectively repealed with savings by section 65 of, and Part IV of Schedule 13 to, the Welfare Reform and Pensions Act 1999.
f7: Section 150(2) was amended by section 132 of, and paragraph 13 of Schedule 4 to, the Pensions Act 1995.

Notes on the whole SI

Textual amendments

F1: Regulations revoked for certain cases only (coming into force in accordance with reg. 1(4) of the amending S.I.) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(4), 10(e)