26.—(1) Subject to regulation 27, where this regulation applies the amount of child support maintenance which the non-resident parent shall be liable to pay shall be whichever is the lesser of—
(a)a weekly amount calculated by aggregating an amount equivalent to the flat rate stated in or prescribed for the purposes of paragraph 4(1)(b) of Schedule 1 to the Act with the amount calculated by applying that Schedule to the Act to the additional income arising under the variation, other than the weekly amount of any benefit, pension or allowance the non-resident parent receives which is prescribed for the purposes of that paragraph; or
(b)a weekly amount calculated by applying Part 1 of Schedule 1 to the Act to the additional income arising under the variation.
(2) This regulation applies where the variation agreed to is one to which regulation 25 applies and the non-resident parent’s liability calculated as provided in Part 1 of Schedule 1 to the Act and Regulations made under that Schedule would, but for the variation, be—
(a)a flat rate under paragraph 4(1)(b) of that Schedule;
(b)a flat rate but is less than that amount or nil, owing to the application of paragraph 8 of that Schedule; or
(c)a flat rate under paragraph 4(1)(b) of that Schedule but for the application of paragraph 5(a) of that Schedule.
(3) For the purposes of paragraph (1)—
(a)any benefit, pension or allowance taken into account in the additional income referred to in sub-paragraph (b) shall not include—
(i)in the case of industrial injuries benefit under section 94 of the Contributions and Benefits Act, any increase in that benefit under section 104 (constant attendance) or 105 (exceptionally severe disablement) of that Act;
(ii)in the case of a war disablement pension within the meaning in section 150(2) of the Contributions and Benefits Act, any award under the following articles of the Naval, Military and Air Forces Etc., (Disablement and Death) Service Pensions Order 1983 (“the Service Pensions Order”): article 14 (constant attendance allowance), 15 (exceptionally severe disablement allowance), 16 (severe disablement occupational allowance) or 26A (mobility supplement) M1 or any analogous allowances payable in conjunction with any other war disablement pension; and
(iii)any award under article 18 of the Service Pensions Order (unemployability allowances) which is an additional allowance in respect of a child of the non-resident parent where that child is not living with the non-resident parent;
(b)“additional income” for the purposes of sub-paragraphs (a) and (b) means such income after the application of a variation falling within regulations 10 to 14 (special expenses); and
(c)“weekly amount” for the purposes of sub-paragraphs (a) and (b) means the aggregate of the amounts referred to in the relevant sub-paragraph—
(i)adjusted as provided in regulation 27(3) as if the reference in that regulation to child support maintenance were to the weekly amount; and
(ii)after any deduction provided for in regulation 27(4) as if the reference in that regulation to child support maintenance were to the weekly amount.
Commencement Information
I1Reg. 26 partly in force; reg. 26 not in force at made date; reg. 26 in force at 3.3.2003 for certain purposes, see reg. 1(1) and S.I. 2003/192
Marginal Citations
M1S.I. 1983/883. Article 26A was inserted by article 4 of S.I. 1983/1116 and amended by S.I. 1983/1821, 1986/592, 1990/1308, 1991/766, 1992/710, 1995/766 and 1997/286.