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

Cases where child support maintenance is not to be payable

26.—(1) Where the circumstances of a case are that—

(a) but for this regulation the minimum amount prescribed in regulation 13(1) would apply; and

(b) any of the following conditions are satisfied—

(i) the income of the absent parent includes one or more of the payments or awards specified in Schedule 4 or would include such a payment but for a provision preventing the receipt of that payment by reason of it overlapping with some other benefit payment or would, in the case of the payments referred to in paragraph (a)(i) or (iv) of that Schedule, include such a payment if the relevant contribution conditions for entitlement had been satisfied;

(ii) an amount to which regulation 11(1)(f) applies (protected income: income support family premium) is taken into account in calculating or estimating the protected income of the absent parent;

(iii) the absent parent is a child within the meaning of section 55 of the Act;

(iv) the absent parent is a prisoner; or

(v) the absent parent is a person in respect of whom N (as calculated or estimated under regulation 7(1)) is less than the minimum amount prescribed by regulation 13(1),

the case shall be treated as a special case for the purposes of the Act.

(2) For the purposes of this case—

(a) the requirement in paragraph 7(2) of Schedule 1 to the Act (minimum amount of child support maintenance fixed by an assessment to be the prescribed minimum amount) shall not apply;

(b) the amount of the child support maintenance to be fixed by the assessment shall be nil.