Effect on maintenance calculation – generalN.I.
73.—(1) Subject to paragraph (5), where more than one variation is agreed to in respect of the same period, regulations 71 and 72 apply and the results are to be aggregated as appropriate.
(2) Paragraph 7(2) to (7) of Schedule 1 applies where the rate of child support maintenance is affected by a variation which is agreed to and paragraph 7(2) is to be read as if after “as calculated in accordance with the preceding paragraphs” there were inserted, “, Schedule 4B and regulations made under that Schedule”.
(3) Subject to paragraphs (4) and (5), where the non-resident parent shares the care of a qualifying child within the meaning in Part 1 of Schedule 1, or where the care of such a child is shared with an authority, the amount of child support maintenance that the non-resident parent is liable to pay to the person with care, calculated to take account of any variation, is to be reduced in accordance with the provisions of paragraph 7 of that Part or regulation 52, as the case may be.
(4) If the application of paragraph (3) would decrease the weekly amount of child support maintenance (or the aggregate of all such amounts) payable by the non-resident parent to the person with care (or all of them) to less than a figure equivalent to the flat rate referred to in paragraph 4(1) of Schedule 1 (or in that sub-paragraph as modified by regulations under paragraph 10A of that Schedule), the non-resident parent is instead liable to pay child support maintenance at a rate equivalent to the flat rate apportioned if appropriate as provided in paragraph 6 of Schedule 1.
(5) The effect of a variation is not to be applied for any period during which a circumstance referred to in regulation 56(1)(d) to (f) applies.
Commencement Information
I1Reg. 73 comes into force in accordance with reg. 1