The Child Support (Maintenance Calculations and Special Cases) Regulations 2000

Nil rate E+W+S

5.  The rate payable is nil where the non-resident parent is—

(a) a student;

(b) a child within the meaning given in section 55(1) of the Act;

(c) a prisoner;

(d) a person who is 16 or 17 years old and—

(i) in receipt of income support or income-based jobseeker’s allowance; or

(ii) a member of a couple whose partner is in receipt of income support or income-based jobseeker’s allowance;

(e) a person receiving an allowance in respect of work-based training for young people, or in Scotland, Skillseekers training;

(f) a person in a residential care home or nursing home who—

(i) is in receipt of a pension, benefit or allowance specified in regulation 4(1) or (2); or

(ii) has the whole or part of the cost of his accommodation met by a local authority;

(g) a patient in hospital who is in receipt of income support whose applicable amount includes an amount under paragraph 1(a) or (b) of Schedule 7 to the Income Support Regulations (patient for more than 6 weeks);

(h) a person in receipt of a benefit specified in regulation 4(1) the amount of which has been reduced in accordance with the provisions of regulations 4(d) and 6 of the Social Security Hospital In-Patients Regulations 1975 (circumstances in which personal benefit is to be adjusted and adjustment of personal benefit after 52 weeks in hospital) M1 ; or

(i) a person who would be liable to pay the flat rate because he satisfies the description in paragraph 4(1)(c) of Schedule 1 to the Act but his net weekly income, inclusive of—

(aa) any benefit, pension or allowance that he receives which is prescribed for the purposes of paragraph 4(1)(b) of Schedule 1 to the Act; and

(bb) any benefit that he or his partner receives which is prescribed for the purposes of paragraph 4(1)(c) of Schedule 1 to the Act,

is less than £5 a week.

Commencement Information

I1 Reg. 5 coming into force in accordance with {reg. 1(4)}

Marginal Citations

M1 S.I. 1975/555. Regulation 4(d) has been amended by regulation 2(3)(b) of S.I. 1987/1683 and regulation 6 has been amended by section 18(1) of the Social Security Act 1986 (c. 50), regulation 3 of S.I. 1977/1963, regulation 2 of S.I. 1987/31 and regulation 2 of S.I. 1987/1683.