SCHEDULES
SCHEDULE 1 Maintenance F12Calculations
F4PART IC4C5 Calculation of weekly amount of child support maintenance
Sch. 1 Pt. 1 substituted (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(3), 86(1)(a)(2), Sch. 1 (with ss. 28, 83(6)); S.I. 2000/2994, art. 2(1), Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.
Sch. 1 para. 6 (as originally enacted) amended (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 paras. 4, 5; S.I. 2005/3175, art. 2(1), Sch. 1
Sch. 1 para. 5 (as originally enacted) amended (18.3.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 7(8); S.I. 2008/787, art. 2(1)(4)(f), Sch.
General rule
1
1
The weekly rate of child support maintenance is the basic rate unless a reduced rate, a flat rate or the nil rate applies.
2
Unless the nil rate applies, the amount payable weekly to a person with care is—
a
the applicable rate, if paragraph 6 does not apply; or
b
if paragraph 6 does apply, that rate as apportioned between the persons with care in accordance with paragraph 6,
as adjusted, in either case, by applying the rules about shared care in paragraph 7 or 8.
Basic rate
2
1
The basic rate is the following percentage of the non-resident parent’s net weekly income—
15% where he has one qualifying child;
20% where he has two qualifying children;
25% where he has three or more qualifying children.
2
If the non-resident parent also has one or more relevant other children, the appropriate percentage referred to in sub-paragraph (1) is to be applied instead to his net weekly income less—
15% where he has one relevant other child;
20% where he has two relevant other children;
25% where he has three or more relevant other children.
Reduced rate
3
1
A reduced rate is payable if—
a
neither a flat rate nor the nil rate applies; and
b
the non-resident parent’s net weekly income is less than £200 but more than £100.
2
The reduced rate payable shall be prescribed in, or determined in accordance with, regulations.
3
The regulations may not prescribe, or result in, a rate of less than £5.
Flat rate
4
1
Except in a case falling within sub-paragraph (2), a flat rate of £5 is payable if the nil rate does not apply and—
a
the non-resident parent’s net weekly income is £100 or less; or
b
he receives any benefit, pension or allowance prescribed for the purposes of this paragraph of this sub-paragraph; or
c
he or his partner (if any) receives any benefit prescribed for the purposes of this paragraph of this sub-paragraph.
2
A flat rate of a prescribed amount is payable if the nil rate does not apply and—
a
the non-resident parent has a partner who is also a non-resident parent;
b
the partner is a person with respect to whom a maintenance calculation is in force; and
c
the non-resident parent or his partner receives any benefit prescribed under sub-paragraph (1)(c).
3
The benefits, pensions and allowances which may be prescribed for the purposes of sub-paragraph (1)(b) include ones paid to the non-resident parent under the law of a place outside the United Kingdom.
Nil rate
5
The rate payable is nil if the non-resident parent—
a
is of a prescribed description; or
b
has a net weekly income of below £5.
Apportionment
6
1
If the non-resident parent has more than one qualifying child and in relation to them there is more than one person with care, the amount of child support maintenance payable is (subject to paragraph 7 or 8) to be determined by apportioning the rate between the persons with care.
2
The rate of maintenance liability is to be divided by the number of qualifying children, and shared among the persons with care according to the number of qualifying children in relation to whom each is a person with care.
Net weekly income
10
1
For the purposes of this Schedule, net weekly income is to be determined in such manner as is provided for in regulations.
2
The regulations may, in particular, provide for the Secretary of State to estimate any income or make an assumption as to any fact where, in his view, the information at his disposal is unreliable, insufficient, or relates to an atypical period in the life of the non-resident parent.
3
Any amount of net weekly income (calculated as above) over £2,000 is to be ignored for the purposes of this Schedule.
Regulations about rates, figures, etc.
10A
1
The Secretary of State may by regulations provide that—
a
paragraph 2 is to have effect as if different percentages were substituted for those set out there;
b
paragraph 3(1) or (3), 4(1), 5, 7(7) or 10(3) is to have effect as if different amounts were substituted for those set out there.
2
The Secretary of State may by regulations provide that—
a
the Table in paragraph 7(4) is to have effect as if different numbers of nights were set out in the first column and different fractions were substituted for those set out in the second column;
b
paragraph 7(6) is to have effect as if a different amount were substituted for that mentioned there, or as if the amount were an aggregate amount and not an amount for each qualifying child, or both.
Regulations about income
10B
The Secretary of State may by regulations provide that, in such circumstances and to such extent as may be prescribed—
a
where the Secretary of State is satisfied that a person has intentionally deprived himself of a source of income with a view to reducing the amount of his net weekly income, his net weekly income shall be taken to include income from that source of an amount estimated by the Secretary of State;
b
a person is to be treated as possessing income which he does not possess;
c
income which a person does possess is to be disregarded.
References to various terms
10C
1
References in this Part of this Schedule to “qualifying children” are to those qualifying children with respect to whom the maintenance calculation falls to be made.
2
References in this Part of this Schedule to “relevant other children” are to—
a
children other than qualifying children in respect of whom the non-resident parent or his partner receives child benefit under Part IX of the Social Security Contributions and Benefits Act 1992; and
b
such other description of children as may be prescribed.
3
In this Part of this Schedule, a person “receives” a benefit, pension, or allowance for any week if it is paid or due to be paid to him in respect of that week.
4
In this Part of this Schedule, a person’s “partner” is—
a
if they are a couple, the other member of that couple;
b
if the person is a husband or wife by virtue of a marriage entered into under a law which permits polygamy, another party to the marriage who is of the opposite sex and is a member of the same household.
F135
In sub-paragraph (4)(a), “couple” means—
a
a man and a woman who are married to each other and are members of the same household,
b
a man and a woman who are not married to each other but are living together as husband and wife,
c
two people of the same sex who are civil partners of each other and are members of the same household, or
d
two people of the same sex who are not civil partners of each other but are living together as if they were civil partners.
F136
For the purposes of this paragraph, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.
Part II General Provisions About Maintenance F12Calculations
Effective date of F12calculation
11
1
A F11maintenance calculation shall take effect on such date as may be determined in accordance with regulations made by the Secretary of State.
2
That date may be earlier than the date on which the F12calculation is made.
Form of F12calculation
12
Every F11maintenance calculation shall be made in such form and contain such information as the Secretary of State may direct.
Assessments where amount of child support is nil
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Consolidated applications and F12calculations
14
F61
The Secretary of State may by regulations provide—
a
for two or more applications for maintenance F12calculations to be treated, in prescribed circumstances, as a single application; and
F72
In sub-paragraph (1), the references (however expressed) to applications for maintenance calculations include references to applications treated as made.
Separate F12calculations for different periods
15
Where F1the Secretary of State is satisfied that the circumstances of a case require different amounts of child support maintenance to be assessed in respect of different periods, he may make separate maintenance F12calculations each expressed to have effect in relation to a different specified period.
Termination of F12calculations
I116
1
A F11maintenance calculation shall cease to have effect—
a
on the death of the F3non-resident parent, or of the person with care, with respect to whom it was made;
b
on there no longer being any qualifying child with respect to whom it would have effect;
c
on the F3non-resident parent with respect to whom it was made ceasing to be a parent of—
i
the qualifying child with respect to whom it was made; or
ii
where it was made with respect to more than one qualifying child, all of the qualifying children with respect to whom it was made;
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10
A person with care with respect to whom a F11maintenance calculation is in force shall provide the Secretary of State with such information, in such circumstances, as may be prescribed, with a view to assisting the Secretary of State F2... in determining whether the F12calculation has ceased to have effect F10...
11
The Secretary of State may by regulations make such supplemental, incidental or transitional provision as he thinks necessary or expedient in consequence of the provisions of this paragraph.
Word in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(b), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.