SCHEDULES

C17 SCHEDULE 1 Maintenance F14Calculations

Section 11.

Annotations:
Amendments (Textual)
F14

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.

Modifications etc. (not altering text)
C17

Sch. 1 modified (5.4.1993) by S.I. 1992/1815, reg. 21(2)

C14C1C8C20C18C16F42PART I Calculation of weekly amount of child support maintenance

Annotations:
Amendments (Textual)
F42

Sch. 1 Pt. I 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.

Modifications etc. (not altering text)
C1

Sch. 1 para. 5 (as originally enacted) amended (18.3.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 7(8); S.I.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.

C8

Sch. 1 para. 5 (as originally enacted) amended (25.2.2013 for specified purposes, 29.4.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 2; S.I. 2013/358, art. 2(1), Sch. 1 para. 21; S.I. 2013/983, art. 3(1)(b)(i)

C20

Sch. 1 para. 6 (as originally enacted) amended (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 paras. 4, 5; S.I. 2005/3175, art. 2(1), Sch. 1

C18

Sch. 1 para. 6 (as originally enacted) amended (E.W.) (13.3.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), art. 1(2), Sch. 1 para. 21(2)

General rule

1

1

F15Subject to paragraph 5A, 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

F22

1

Subject to sub-paragraph (2), the basic rate is the following percentage of the non-resident parent's gross weekly income—

  • 12% where the non-resident parent has one qualifying child;

  • 16% where the non-resident parent has two qualifying children;

  • 19% where the non-resident parent has three or more qualifying children.

2

If the gross weekly income of the non-resident parent exceeds £800, the basic rate is the aggregate of the amount found by applying sub-paragraph (1) in relation to the first £800 of that income and the following percentage of the remainder—

  • 9% where the non-resident parent has one qualifying child;

  • 12% where the non-resident parent has two qualifying children;

  • 15% where the non-resident parent has three or more qualifying children.

3

If the non-resident parent also has one or more relevant other children, gross weekly income shall be treated for the purposes of sub-paragraphs (1) and (2) as reduced by the following percentage—

  • F4411% where the non-resident parent has one relevant other child;

  • F4414% where the non-resident parent has two relevant other children;

  • F4416% where the non-resident parent 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 F31gross 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 F36£7.

Flat rate

4

1

Except in a case falling within sub-paragraph (2), a flat rate of F6£7 is payable if the nil rate does not apply and—

a

the non-resident parent’s F31gross 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 F31gross weekly income of below F20£7.

F32Non-resident parent party to other maintenance arrangement

Annotations:
Amendments (Textual)
F32

Sch. 1 para. 5A and cross-heading inserted (8.10.2012 for specified purposes, 10.12.2012 for specified purposes, 29.7.2013 for specified purposes, 25.11.2013 in so far as not already in force) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 4 para. 5(2); S.I. 2012/2523, art. 2(2)(b); S.I. 2012/3042, arts. 2(b), 3 (with arts. 5, 6) (as amended (29.7.2013) by S.I. 2013/1860, art. 6 and (24.6.2014) by S.I. 2014/1635, art. 6); S.I. 2013/1860, arts. 2(b), 3 (with arts. 5, 7) (as amended (24.6.2014) by S.I. 2014/1635, art. 7); S.I. 2013/2947, art. 2(a) (with arts. 3-5)

C45A

1

This paragraph applies where—

a

the non-resident parent is a party to a qualifying maintenance arrangement with respect to a child of his who is not a qualifying child, and

b

the weekly rate of child support maintenance apart from this paragraph would be the basic rate or a reduced rate or calculated following agreement to a variation where the rate would otherwise be a flat rate or the nil rate.

2

The weekly rate of child support maintenance is the greater of F9£7 and the amount found as follows.

3

First, calculate the amount which would be payable if the non-resident parent's qualifying children also included every child with respect to whom the non-resident parent is a party to a qualifying maintenance arrangement.

4

Second, divide the amount so calculated by the number of children taken into account for the purposes of the calculation.

5

Third, multiply the amount so found by the number of children who, for purposes other than the calculation under sub-paragraph (3), are qualifying children of the non-resident parent.

6

For the purposes of this paragraph, the non-resident parent is a party to a qualifying maintenance arrangement with respect to a child if the non-resident parent is—

a

liable to pay maintenance or aliment for the child under a maintenance order, or

b

a party to an agreement of a prescribed description which provides for the non-resident parent to make payments for the benefit of the child,

and the child is habitually resident in the United Kingdom.

Apportionment

C136

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.

Shared care—basic and reduced rate

C6C127

1

F24This paragraph applies where the rate of child support maintenance payable is the basic rate or a reduced rate or is determined under paragraph 5A.

C72

F41If the care of a qualifying child is, or is to be, shared between the non-resident parent and the person with care, so that the non-resident parent from time to time has care of the child overnight, the amount of child support maintenance which he would otherwise have been liable to pay the person with care, as calculated in accordance with the preceding paragraphs of this Part of this Schedule, is to be decreased in accordance with this paragraph.

C7C153

First, there is to be a decrease according to the number of such nights which the F25Secretary of State determines there to have been, or expects there to be, or both during a prescribed twelve-month period.

C9C74

The amount of that decrease for one child is set out in the following Table—

Number of nights

Fraction to subtract

52 to 103

One-seventh

104 to 155

Two-sevenths

156 to 174

Three-sevenths

175 or more

One-half

C75

If the person with care is caring for more than one qualifying child of the non-resident parent, the applicable decrease is the sum of the appropriate fractions in the Table divided by the number of such qualifying children.

C76

If the applicable fraction is one-half in relation to any qualifying child in the care of the person with care, the total amount payable to the person with care is then to be further decreased by £7 for each such child.

C77

If the application of the preceding provisions of this paragraph 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 F27£7, he is instead liable to pay child support maintenance at the rate of F27£7 a week, apportioned (if appropriate) in accordance with paragraph 6.

Shared care—flat rate

8

1

This paragraph applies only if—

a

the rate of child support maintenance payable is a flat rate; and

b

that rate applies because the non-resident parent falls within paragraph 4(1)(b) or (c) or 4(2).

C10C22

F18If the care of a qualifying child is, or is to be, shared as mentioned in paragraph 7(2) for at least 52 nights during a prescribed 12-month period, the amount of child support maintenance payable by the non-resident parent to the person with care of that child is nil.

Regulations about shared care

9

F111

The Secretary of State may by regulations provide—

F30za

for how it is to be determined whether the care of a qualifying child is to be shared as mentioned in paragraph 7(2);

a

for which nights are to count for the purposes of shared care under paragraphs 7 and 8, F13... ;

b

for what counts, or does not count, as “care” for those purposes; and

F17ba

for how it is to be determined how many nights count for those purposes;

c

for paragraph 7(3) or 8(2) to have effect, in prescribed circumstances, as if the period mentioned there were other than 12 months, and in such circumstances for the Table in paragraph 7(4) (or that Table as modified pursuant to regulations made under paragraph 10A(2)(a)), or the period mentioned in paragraph 8(2), to have effect with prescribed adjustments.

F382

Regulations under sub-paragraph (1)(ba) may include provision enabling the F43Secretary of State to proceed for a prescribed period on the basis of a prescribed assumption.

F31Gross weekly income

10

1

For the purposes of this Schedule, F31gross weekly income is to be determined in such manner as is provided for in regulations.

F262

The regulations may, in particular—

a

provide for determination in prescribed circumstances by reference to income of a prescribed description in a prescribed past period;

b

provide for the F45Secretary of State to estimate any income or make an assumption as to any fact where, in F45Secretary of State's view, the information at F45Secretary of State's disposal is unreliable or insufficient, or relates to an atypical period in the life of the non-resident parent.

3

Any amount of F31gross weekly income (calculated as above) over F21£3,000 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 F232(2), 3(1) or (3), 4(1), 5, F335A(2), 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 F22Secretary 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 F31gross weekly income, his F31gross weekly income shall be taken to include income from that source of an amount estimated by the F22Secretary 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 F34or with respect to whom a maintenance calculation in respect of the non-resident parent has effect.

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.

F45

In sub-paragraph (4)(a), “couple” means—

a

two people who are married to, or civil partners of, each other and are members of the same household, or

b

two people who are not married to, or civil partners of, each other but are living together as a married couple F7or civil partners.

F166

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II General Provisions About Maintenance F14Calculations

Effective date of F14calculation

11

1

A F40maintenance 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 F14calculation is made.

Form of F14calculation

12

Every F40maintenance calculation shall be made in such form and contain such information as the F10Secretary of State may direct.

Assessments where amount of child support is nil

F3C3C1913

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consolidated applications and F14calculations

F1914

The Secretary of State may by regulations provide—

a

for two or more applications for maintenance calculations to be treated, in prescribed circumstances, as a single application; and

b

for the replacement, in prescribed circumstances, of a maintenance calculation made on the application of one person by a later maintenance calculation made on the application of that or any other person.

Separate F14calculations for different periods

15

Where F37the F5Secretary 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, F1the Secretary of State may make separate maintenance F14calculations each expressed to have effect in relation to a different specified period.

Termination of F14calculations

I116

1

A F40maintenance calculation shall cease to have effect—

a

on the death of the F12non-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 F12non-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;

F8d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F392

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39C113

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F394

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39C54A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F395

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F396

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F397

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F398

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F399

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

A person with care with respect to whom a F40maintenance calculation is in force shall provide the F28Secretary of State with such information, in such circumstances, as may be prescribed, with a view to assisting the F28Secretary of StateF35... in determining whether the F14calculation has ceased to have effect F29...

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.