The Child Support (Miscellaneous Amendments) Regulations 2005

Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992

4.—(1) The Child Support (Maintenance Assessments and Special Cases) Regulations 1992(1) shall be amended in accordance with the following paragraphs.

(2) In Schedule 1 (calculation of N and M)—

(a) in paragraph 2A(3)(a)(2), for “equivalent to any personal allowance” substitute “calculated as if it were equivalent to any personal allowance which would be”;

(b) in paragraph 3(5)(a)(3), for “equivalent to any personal allowance” substitute “calculated as if it were equivalent to any personal allowance which would be”.

(3) In Schedule 2 (amounts to be disregarded when calculating or estimating N and M)—

(a) after paragraph 18, insert—

“18A.   Subject to paragraph 20(4), and to the extent that it does not exceed £10.00, a payment made in respect of a parent under a scheme mentioned in section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004(5) (compensation schemes for armed and reserve forces).”;

(b) in paragraph 20 for the words “18 and 19(1)” wherever they appear, substitute “18 to 19(1)”;

(c) in paragraph 25(6) after the words “(permitted allowances)”, insert “or paragraph 3 of Schedule 4 to the Adoption and Children Act 2002(7)”;

(d) after paragraph 25, insert—

“25A.   Any payment made to a person in accordance with regulations made pursuant to section 14F of the Children Act 1989(8) (special guardianship support services) in respect of a child who is a member of his family.”.

(4) In paragraph (b) of Schedule 4 (cases where child support maintenance is not to be payable)—

(a) at the end of sub-paragraph (ix), omit “and”;

(b) after sub-paragraph (ix), add—

“(x) the Armed Forces (Pensions and Compensation) Act 2004; and”.

(1)

S.I. 1992/1815. The relevant amending instruments are S.I. 1993/913, S.I. 1995/1045, S.I. 1996/481, S.I. 1996/3196, S.I. 1998/58, S.I. 1999/997 and S.I. 2003/2779.

(2)

Paragraph 2A was inserted by S.I. 1999/997.

(3)

Paragraph 3(5) was substituted by S.I. 1996/3196 and amended by S.I. 1998/58.

(4)

Paragraph 20 was amended by S.I. 1996/481.

(5)

2004 c. 32.

(6)

Paragraph 25 was amended by S.I. 1993/913, S.I. 1998/58 and S.I. 1999/997.

(7)

2002 c. 38.

(8)

1989 c. 41. Section 14F was inserted by section 115 of the Adoption and Children Act 2002 (c. 38).