SCHEDULES
SCHEDULE 1 Maintenance F2Calculations
F1PART IC5C4 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Sch. 1 para. 5 (as originally enacted) amended (18.3.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 7(8); S.I.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.
Sch. 1 para. 6 (as originally enacted) amended (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 paras. 4, 5; S.I. 2005/3175, art. 2(1), Sch. 1
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
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
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.
F35
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.
F36
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.
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.