# The Social Security (Child Maintenance Premium) Amendment Regulations 2004, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations amend the Income Support (General) Regulations 1987 (S.I. 1987/1967) (“the Income Support Regulations”), the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207) (“the Jobseeker’s Allowance Regulations”) and the Social Security (Child Maintenance Premium and Miscellaneous Amendments) Regulations 2000 (S.I. 2000/3176) (“the Child Maintenance Premium Regulations”).
Regulation 1 provides for citation, commencement and interpretation. Regulations 1 and 4 apply from 16th February 2004. Regulations 2 and 3 apply—
from 16th February 2004 in relation to a case in respect of which section 23 of the Child Support, Pensions and Social Security Act 2000 (c. 19) (“the 2000 Act”) has before 16th February 2004 come into force (section 23 relates to the abolition of the child maintenance bonus) (regulation 1(3)(a));
where regulation 1(3)(a) does not apply, from the date on which section 23 of the 2000 Act is commenced for different types of cases (regulation 1(3)(b));
from 16th February 2004 in respect of a person who, on or after that date, makes a claim for income support or an income-based jobseeker’s allowance and on or after that date receives a payment of child maintenance made voluntarily (regulation 1(3)(c));
in respect of a person who, on 16th February 2004, is entitled to income support or an income-based jobseeker’s allowance and on or after that date first receives a payment of child maintenance made voluntarily whilst he is entitled to that benefit, from 16th February 2004 if the first such payment of child maintenance is received on that date, or from the day on which the first such payment of child maintenance is received if it is received after that date (regulation 1(3)(d)).
The Income Support Regulations and the Jobseeker’s Allowance Regulations are amended to make it clear that when more than one payment of child maintenance is made—
in respect of more than one child or young person, or
by more than one person in respect of a child or young person,
all such payments which are to be taken into account in any week shall be aggregated and treated as a single payment of child maintenance (regulations 2 and 3).
The Income Support Regulations and the Jobseeker’s Allowance Regulations are also amended to ensure that when payments of child maintenance are made otherwise than weekly the child maintenance premium disregard is applied to each weekly equivalent amount of child maintenance paid (regulations 2 and 3).
Regulation 4(1) substitutes a new regulation for regulation 1 of the Child Maintenance Premium Regulations (citation and commencement) to ensure that those Regulations apply—
from 16th February 2004 in respect of a person who, on or after that date, makes a claim for income support or an income-based jobseeker’s allowance and on or after that date receives a payment of child maintenance made voluntarily; or
in respect of a person who, on that date, is entitled to income support or an income-based jobseeker’s allowance and on or after 16th February 2004 first receives a payment of child maintenance made voluntarily whilst he is entitled to that benefit, from 16th February 2004 if the first such payment of child maintenance is received on that date, or from the day on which the first such payment of child maintenance is received if it is received after that date.
Regulation 4(2) omits regulation 2(1)(b) and (2)(b) of the Child Maintenance Premium Regulations as a consequence of the amendments made by regulations 2 and 3 of these Regulations.
A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.

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Source: https://www.legislation.gov.uk/uksi/2004/98/note (the official version)
Page: https://openlegislation.uk/social-security-child-maintenance-premium-amendment-regulations-2004/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.