SCHEDULES

C1F1SCHEDULE 4BApplications for a variation: The Cases and Controls

Annotations:
Amendments (Textual)
F1

Sch. 4B 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. 6(2), 86(1)(a)(2), Sch. 2 Pt. II (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)

Part IThe Cases

Special expenses

2

1

A variation applied for by a non-resident parent may be agreed with respect to his special expenses.

2

In this paragraph “special expenses” means the whole, or any amount above a prescribed amount, or any prescribed part, of expenses which fall within a prescribed description of expenses.

3

In prescribing descriptions of expenses for the purposes of this paragraph, the Secretary of State may, in particular, make provision with respect to—

a

costs incurred by a non-resident parent in maintaining contact with the child, or with any of the children, with respect to whom the application for a maintenance calculation has been made (or treated as made);

b

costs attributable to a long-term illness or disability of a relevant other child (within the meaning of paragraph 10C(2) of Schedule 1);

c

debts of a prescribed description incurred, before the non-resident parent became a non-resident parent in relation to a child with respect to whom the maintenance calculation has been applied for (or treated as having been applied for)—

i

for the joint benefit of both parents;

ii

for the benefit of any such child; or

iii

for the benefit of any other child falling within a prescribed category;

d

boarding school fees for a child in relation to whom the application for a maintenance calculation has been made (or treated as made);

e

the cost to the non-resident parent of making payments in relation to a mortgage on the home he and the person with care shared, if he no longer has an interest in it, and she and a child in relation to whom the application for a maintenance calculation has been made (or treated as made) still live there.

4

For the purposes of sub-paragraph (3)(b)—

a

“disability” and “illness” have such meaning as may be prescribed; and

b

the question whether an illness or disability is long-term shall be determined in accordance with regulations made by the Secretary of State.

5

For the purposes of sub-paragraph (3)(d), the Secretary of State may prescribe—

a

the meaning of “boarding school fees”; and

b

components of such fees (whether or not itemised as such) which are, or are not, to be taken into account,

and may provide for estimating any such component.