The basic principles

I13 Meaning of certain terms used in this Act.

1

A child is a “qualifying child” if—

a

one of his parents is, in relation to him, F2a non-resident parent; or

b

both of his parents are, in relation to him, F2non-resident parents.

2

The parent of any child is F2a “non-resident parent”, in relation to him, if—

a

that parent is not living in the same household with the child; and

b

the child has his home with a person who is, in relation to him, a person with care.

3

A person is a “person with care”, in relation to any child, if he is a person—

a

with whom the child has his home;

C1C2b

who usually provides day to day care for the child (whether exclusively or in conjunction with any other person); and

c

who does not fall within a prescribed category of person.

4

The Secretary of State shall not, under subsection (3)(c), prescribe as a category—

a

parents;

b

guardians;

c

persons in whose favour residence orders under section 8 of the M1Children Act 1989 are in force;

d

in Scotland, persons F1with whom a child is to live by virtue of a residence order under section 11 of the Children (Scotland) Act 1995.

5

For the purposes of this Act there may be more than one person with care in relation to the same qualifying child.

6

Periodical payments which are required to be paid in accordance with a F3maintenance calculation are referred to in this Act as “child support maintenance”.

7

Expressions are defined in this section only for the purposes of this Act.