The St Mary’s Music School (Aided Places) (Scotland) Regulations 2015

Total income: maintenance payments

25.—(1) Where any income of a person includes a maintenance payment, that payment shall be included in their total income, whether or not such payment or any part of it would be included in their total income for tax purposes.

(2) Where a person makes a maintenance payment, that payment shall be deducted from their total income, whether or not such payment or any part of it would be deductible for tax purposes.

(3) For the purposes of this paragraph, “maintenance payment” means a periodical payment (not including an instalment of a lump sum) which—

(a) is made in accordance with a maintenance assessment under the Child Support Act 1991(1); or

(b) is made under an order by a court (whether in the United Kingdom or elsewhere) or under a written agreement by one of the parties to a marriage or civil partnership (including a marriage or civil partnership which has been dissolved or annulled) either—

(i) to or for the benefit of the other party and for the maintenance of the other party;

(ii) to the other party for the maintenance by the other party of any child of the said parties; or

(iii) to a child of the said parties for the child’s own maintenance, benefit or education,

and is due at a time when the said parties are not living together, and in that connection a person shall be treated as living with his or her spouse or civil partner unless the said parties are separated under an order of a court of competent jurisdiction, or by deed of separation.

(1)

1991 c.48. Part 1 was relevantly amended by S.I. 2012/2677.