PART 4THE MAINTENANCE CALCULATION RULES

CHAPTER 2RATES OF CHILD SUPPORT MAINTENANCE

Flat rate43

1

The following benefits, pensions and allowances are prescribed for the purposes of paragraph 4(1)(b) of Schedule 1—

a

under the Contributions and Benefits Act—

i

bereavement allowance,

ii

category A retirement pension,

iii

category B retirement pension,

iv

category C and category D retirement pension,

v

incapacity benefit,

vi

carer’s allowance,

vii

maternity allowance,

viii

severe disablement allowance,

ix

industrial injuries benefit,

x

widowed mother’s allowance,

xi

widowed parent’s allowance, and

xii

widow’s pension;

b

contribution-based jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 199543;

c

a social security benefit paid by a country other than the United Kingdom;

d

a training allowance (other than in respect of a relevant training scheme);

e

a war disablement pension within the meaning of section 146(2) of the Contributions and Benefits Act44 or a pension which is analogous to such a pension paid by the government of a country outside the United Kingdom;

f

a war widow’s pension within the meaning of that section, or a war widower’s pension or surviving civil partner’s war pension;

g

a payment under a scheme mentioned in section 1(2) of the Armed Forces (Pensions and Compensation) Act 200445; and

h

contributory employment and support allowance.

2

The following benefits are prescribed for the purposes of paragraph 4(1)(c) of Schedule 1—

a

income support;

b

income-based jobseeker’s allowance;

c

income-related employment and support allowance; and

d

state pension credit.

3

Where the conditions referred to in paragraph 4(2) of Schedule 1 are satisfied the flat rate of maintenance payable is half the flat rate that would otherwise apply.

4

In paragraph (1)(d) “training allowance” means a payment under section 1 of the Employment and Training Act (Northern Ireland) 195046 which is paid to a person for that person’s maintenance while undergoing training.