Regulation 57 Period over which payments other than periodical payments are to be taken into account

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 21AA(4)(zzc(i) word omitted by Social Security (Habitual Residence and Past Presence) 2022 reg.002(1)(a)(2)(a)
reg. 21AA(4)(zzc(ii) word added by Social Security (Habitual Residence and Past Presence) 2022 reg.002(1)(b)(2)(a)
reg. 21AA(4)(zzc(iii) added by Social Security (Habitual Residence and Past Presence) 2022 reg.002(1)(c)(2)(a)
reg. 57(1)(b)(ii) omitted by Child Benefit, Child Support and Social Security 1996 reg. 5(3)
reg. 57(2)(b) omitted by Child Benefit, Child Support and Social Security 1996 reg. 5(3)
reg. 57(1)(b)(iv) words substituted by Social Security (Carer’s Allowance) 2002 Sch. para. 1(g)
reg. 6(2)(3 omitted by Social Security (Back to Work Bonus and Lone Parent Run-on Amendment and Revocation) 2003 reg. 2(a)(i)
reg. 57(1) words substituted by Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) 2003 Sch. 1 para. 15(a)
reg. 57(1)(b) omitted by Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) 2003 Sch. 1 para. 15(c)
reg. 57(2) words substituted by Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) 2003 Sch. 1 para. 15(b)
reg. 57(2)(a) word omitted by Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) 2003 Sch. 1 para. 15(c)
reg. 57(2)(b) omitted by Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) 2003 Sch. 1 para. 15(c)
reg. 57(3)(a) words omitted by Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) 2003 Sch. 1 para. 15(d)
reg. 57(3)(a)(b) words omitted by Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) 2003 Sch. 1 para. 15(d)
reg. 57 substituted by Social Security (Child Maintenance Amendments) 2008 reg. 2(8)
reg. 57(3)(b) and word omitted by Social Security 2009 reg. 2(11)(a)
reg. 57(10) words omitted by Social Security 2009 reg. 2(11)(b)

(1)

Subject to paragraph (2), the number of weeks over which a payment other than a periodical payment is to be taken into account shall be equal to the number (and any fraction shall be treated as a corresponding fraction of a week) obtained by dividing that payment by—

(a)

where the payment is in respect of the claimant or the claimant and any child or young person who is a member of the family, the aggregate of £2 and the amount of income support which would be payable had the payment not been made;

(b)

where the payment is in respect of one or more than one child or young person who is a member of the family the amount prescribed in Schedule 2 (applicable amounts) in respect of each child or young person and any family and lone parent premium;

(2)

Where a liable relative makes a periodical payment and any other payment concurrently and the weekly amount of that periodical payment, as calculated in accordance with regulation 58 (calculation of the weekly amount of a liable relative payment), is less than—

(a)

in a case where the periodical payment is in respect of the claimant or the claimant and any child or young person who is a member of the family, the aggregate of £2 and the amount of income support which would be payable had the payments not been made; or

(b)

in a case where the periodical payment is in respect of one or more than one child or young person who is a member of the family, the aggregate of the amount prescribed in Schedule 2 in respect of each such child or young person and any family and lone parent premium,

that other payment shall, subject to paragraph (3), be taken into account over a period of such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing that payment by an amount equal to the extent of the difference between the amount referred to in sub-paragraph (a) or (b), as the case may be, and the weekly amount of the periodical payment.

(3)

If—

(a)

the liable relative ceases to make periodical payments, the balance (if any) of the other payment shall be taken into account over the number of weeks equal to the number (and any fraction shall be treated as a corresponding fraction of a week) obtained by dividing that balance by the amount referred to in paragraph (1)(a) or (b), as the case may be;

(b)

the amount of any subsequent periodical payment varies, the balance (if any) of the other payment shall be taken into account over a period of such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing that balance by an amount equal to the extent of the difference between the amount referred to in paragraph (2)(a) or (b) and the weekly amount of the subsequent periodical payment.

(4)

The period under paragraph (1) or (2) shall begin on the date on which the payment is treated as paid under regulation 59 (date on which a liable relative payment is to be treated as paid) and under paragraph (3) shall begin on the first day of the benefit week in which the cessation or variation of the periodical payment occurred.