The Child Support (Maintenance Assessments and Special Cases) Regulations 1992

Amount of housing costs

15.—(1) Subject to the provisions of this regulation and regulations 16 to 18, a parent’s housing costs shall be the aggregate of the eligible housing costs payable in respect of his home.

(2) Where a local authority has determined that a parent is entitled to housing benefit, the amount of his housing costs shall, subject to paragraphs (4) to (9), be the weekly amount treated as rent under regulations 10 and 69 of the Housing Benefit Regulations (rent and calculation of weekly amounts) less the amount of housing benefit.

(3) Where a parent has eligible housing costs and another person who is not a member of his family is also liable to make payments in respect of the home, the amount of the parent’s housing costs shall be his share of those costs.

(4) Where one or more non-dependants are members of the parent’s household, there shall be deducted from the amount of any housing costs determined under the preceding paragraphs of this regulation any non-dependant amount or amounts determined in accordance with the provisions of paragraphs (5) to (9).

(5) The non-dependant amount shall be an amount equal to the amount which would be calculated under [F1 paragraphs (1), (2) and (9) of regulation 63] of the Housing Benefit Regulations (non-dependant deductions) for the non-dependant in question if he were a non-dependant in respect of whom a calculation were to be made under [F1 those paragraphs (disregarding any other provision of that regulation)].

(6) For the purposes of paragraph (5)—

(a) in the case of a couple or, as the case may be, the members of a polygamous marriage—

(i) regard shall be had to their joint weekly income; and

(ii) only one deduction shall be made at whichever is the higher rate.

(7) Where a person is a non-dependant in respect of more than one joint occupier of a dwelling (except where the joint occupiers are a couple or members of a polygamous marriage), the deduction in respect of that non-dependant shall be apportioned between the joint occupiers having regard to the number of joint occupiers and the proportion of the housing costs in respect of the home payable by each of them.

(8) No deduction shall be made in respect of any non-dependants occupying the home of the parent, if the parent or any partner of his is—

(a) blind or treated as blind by virtue of paragraph 12 of the relevant Schedule (income support additional condition for the higher pensioner and disability premiums); or

(b) receiving in respect of himself either—

(i) attendance allowance under section 64 of the Contributions and Benefits Act; or

(ii) the care component of disability living allowance.

(9) No deduction shall be made in respect of a non-dependant—

(a) if, although he resides with the parent, it appears to the child support officer that his home is normally elsewhere; or

(b) if he is in receipt of a training allowance paid in connection with a Youth Training Programme established under section 2 of the Employment and Training Act 1973 M1 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 M2 ; or

(c) if he is a student; or

(d) if he is aged under 25 and in receipt of income support; or

(e) if he is not residing with the parent because he is a prisoner or because he has been a patient for a period, or two or more periods separated by not more than 28 days, exceeding 6 weeks.

(10) A parent shall be treated as having no housing costs where—

(a) he is a non-dependant member of a household and is not responsible for meeting housing costs except to another member, or other members, of that household; or

(b) but for this paragraph, his housing costs would be less than nil.

Textual Amendments

F1 Words in reg. 15(5) substituted (5.4.1993) by The Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 22

Marginal Citations

M1 1973 c.50, as amended by sections 9 and 11 and Schedule 2, Part II, paragraph 9 and Schedule 3 of the Employment and Training Act 1981 (c.57).

M2 1990 c.35.