Regulation 2 Interpretation for the purposes of section 74A of the Act

In section 74A of the Act (payment of benefit where maintenance payments collected by Secretary of State)—

(a)

“child maintenance" means any payment towards the maintenance of a child or young person, including payments made—

(i)

under a court order;

(ii)

under a maintenance F1calculation made under the Child Support Act 1991 M1;

(iii)

under an agreement for maintenance; or

(iv)

voluntarily,

and for this purpose a “young person" is a person referred to in regulation 3 of these Regulations (persons of a prescribed description);

(b)

“spousal maintenance" means any payment made by a person towards the maintenance of that person’s spouse F2or civil partner, including payments made—

(i)

under a court order;

(ii)

under an agreement for maintenance; or

(iii)

voluntarily;

(c)

“relevant income" means—

(i)

any income which is taken into account under Part V of the Income Support Regulations for the purposes of calculating the amount of income support to which the claimant is entitled; or

(ii)

any income which is taken into account under Part VIII of the Jobseeker’s Allowance Regulations for the purposes of calculating the amount of jobseeker’s allowance to which the claimant is entitledF3; or

(iii)

any income which is taken into account under Part 10 of the Employment and Support Allowance Regulations for the purposes of calculating the amount of employment and support allowance to which the claimant is entitled.

Annotations

Textual amendments

F1: Word in reg. 8 substituted (3.3.03) by S.I. 2001/158, regs. 1(3), 8
F2: Words in reg. 2(b) inserted (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. 3 para. 27 (with art. 3)
F3: Reg. 2(c)(iii) added (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 59(3)

Marginal citations

M1: 1991 c.48.