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

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

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”.

in the heading, for the words after “direction” substitute “(income support)”;

in paragraph (1)—

omit paragraph (1A);

in paragraph (2) omit “or (1A)”; and

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)^f6.

(4)

In paragraph (3)—

• “care home” has the meaning assigned to it by section 3 of the Care Standards Act 2000^f7;

• “care home service” has the meaning assigned to it by section 2(3) of the Regulation of Care (Scotland) Act 2001^f8;

• “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.”.

in the heading, for the words after “direction” substitute “(income-based jobseeker’s allowance)”;

in paragraph (1)—

omit paragraph (2);

in paragraph (3), omit “or (2)”; and

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)^f10.

(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.”.

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”;

omit the definitions of “nursing home” and “residential care home”;

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;”;

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

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;”^f3.

in paragraph 9A(2) after “war widow’s pension” insert “and a war widower’s pension”; and

in paragraph 22(1B)(2) after “war widow’s pension” insert “and a war widower’s pension”.

in paragraph 15 after “income support” insert “, state pension credit”;

in paragraph 18(a) and (b)(ii) after “war widow’s pension” insert “or war widower’s pension”;

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

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)^f9 or under article 27(3) of the Personal Injuries (Civilians) Scheme 1983 (pensions to widows and widowers)^f10.”.

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

in head (ii) for the words after “given,” substitute “the circumstances in regulation 14(4) or 15(4), as the case may be, apply,”.

in the heading, omit “when a modified applicable amount is payable”;

in paragraph (1)—

omit paragraph (2);

in paragraph (3) omit “or (2)”; and

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.”.

in the heading, omit “when a modified applicable amount is payable”;

in paragraph (1)—

omit paragraph (2);

in paragraph (3) omit “or (2)”; and

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.”.

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”;

omit the definitions of “nursing home” and “residential care home”;

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;”;

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;”;

in the definition of “occupational pension scheme” after “1988” add “or is a statutory scheme to which section 594 of that Act applies”;

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”)^f3, or section 2 of the Enterprise and New Towns (Scotland) Act 1990 (“the 1990 Act”)^f4, which is paid—

  1. (a)

     to a person for his maintenance; and

  2. (b)

     in respect of a period during which that person—

     1. (i)

        is undergoing training pursuant to arrangements made under section 2 of the 1973 Act or section 2 of the 1990 Act; and

     2. (ii)

        has no net weekly income of a type referred to in Part II or Part III of the Schedule;”; and

after the definition of “training allowance” insert—

• ““war widow’s pension” means any pension or allowance payable for a widow which is—

  1. (a)

     granted in respect of a death due to service or war injury and payable by virtue of the Air Force (Constitution) Act 1917^f5, the Personal Injuries (Emergency Provisions) Act 1939^f6, the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939^f7, the Polish Resettlement Act 1947^f8 or Part VII or section 151 of the Reserve Forces Act 1980^f9;

  2. (b)

     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;

  3. (c)

     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

  4. (d)

     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;”.

in sub-paragraph (e), omit “or war widow’s pension”; and

after sub-paragraph (e) add—

“and

(f)

a war widow’s pension or a war widower’s pension.”.

in paragraph (3) after “applies,” insert “subject to paragraph (5),”; and

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.”.

“where” where it first appears in that sub-paragraph; and

“the relevant property transfer to be replaced with”.

in paragraph (3) for “and (5)” substitute “, (5) and (6)”; and

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.”.

in paragraph (9) for “Where” substitute “Subject to paragraph (10), where”; and

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.”.