The Child Support (Miscellaneous Amendments) Regulations 2013

Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000

6.—(1) The Child Support (Maintenance Calculations and Special Cases) Regulations 2000(1) are amended as follows.

(2) For paragraph (3) of regulation 1 (prescription of “relevant other child”) substitute—

“(3) For the purposes of paragraph 10C(2)(b) of Schedule 1 to the Act (which provides for other descriptions of relevant other children to be prescribed) “relevant other child” includes a child, other than a qualifying child, in respect of whom the non-resident parent or the non-resident parent’s partner—

(a) would receive child benefit under Part IX of the Contributions and Benefits Act, but in respect of whom they do not do so, solely because the conditions set out in section 146 of that Act (persons outside Great Britain) are not met; or

(b) has made an election under section 13A(1) of the Social Security Administration Act 1992 (election not to receive child benefit) for payments of child benefit not to be made.”.

(3) In paragraph (3) of regulation 8 (persons treated as non-resident parents), the words from ““child benefit” means” to the end become sub-paragraph (a), and after that sub-paragraph insert—

“(b) where a person has made an election under section 13A(1) of the Social Security Administration Act 1992 (election not to receive child benefit) for payments of child benefit not to be made, that person is to be treated as being in receipt of child benefit.”.

(1)

S.I. 2001/155. The Regulations have been revoked in relation to particular cases by S.I. 2012/2785.