The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2009

Amendment of the Maintenance Calculation Procedure Regulations

4.—(1) Schedule 1 to the Maintenance Calculation Procedure Regulations (meaning of “child” for the purposes of the Act)(1) is amended as follows.

(2) For paragraph 1 (persons of 16 or 17 years of age who are not in full-time non-advanced education), substitute—

“1.   The conditions which must be satisfied for a person to be a child within section 55(1)(c) of the Act are that the person—

(a) is registered for training with a qualifying body; and

(b) is a person in respect of whom child benefit is payable.

Period for which a person is to be treated as continuing to fall within section 55(1) of the Act

1A.   Where a person (“P”) has ceased to fall within section 55(1) of the Act, P is to be treated as continuing to fall within that subsection for any period during which P is a person in respect of whom child benefit is payable.”.

(3) For paragraph 2 (meaning of “advanced education” for the purposes of section 55 of the Act), substitute—

“2.   For the purposes of section 55 of the Act “advanced education” means education for the purposes of—

(a) a course in preparation for a degree, a diploma of higher education, a higher national diploma or a teaching qualification; or

(b) any other course which is of a standard above ordinary national diploma, a national diploma or national certificate of Edexcel, a general certificate of education (advanced level) or Scottish national qualifications at higher or advanced higher level.”.

(4) For sub-paragraph (2) of paragraph 4 (interruption of full-time education), substitute—

“(2) The provisions of sub-paragraph (1) do not apply to any period of interruption of a person’s full-time education which is followed immediately by a period during which child benefit ceases to be payable in respect of that person.”.

(5) Omit paragraph 5 (circumstances in which a person who has ceased to receive full-time education is to be treated as continuing to fall within section 55(1) of the Act).

(6) For paragraph 6 (interpretation), substitute—

“6.   In this Schedule “qualifying body” has the same meaning as in regulation 5(4) of the Child Benefit (General) Regulations 2006 (extension period: 16 and 17 year olds)(2).”.

(1)

Schedule 1 was amended by S.I. 2008/1554.

(2)

S.I. 2006/223.