PART VINCOME AND CAPITAL
F1CHAPTER VIIACHILD SUPPORT
Interpretation60A.
In this Chapter—
“child support maintenance” means such periodical payments as are referred to in section 3(6) of the Child Support Act 1991 F2and shall include any payments made by the Secretary of State in lieu of such payments;
“maintenance F3calculation” has the same meaning as in the Child Support Act 1991 by virtue of section 54 of that Act.
Treatment of child support maintenance60B.
F4Subject to regulation 60E, all payments of child support maintenance shall to the extent that they are not payments of income be treated as income and shall be taken into account on a weekly basis in accordance with the following provisions of this Chapter.
Calculation of the weekly amount of payments of child support maintenance 60C.
(1)
The weekly amount of child support maintenance shall be determined in accordance with the following provisions of this regulation.
(2)
Where payments of child support maintenance are made weekly, the weekly amount shall be the amount of that payment.
(3)
Where payments of child support maintenance are made monthly, the weekly amount shall be determined by multiplying the amount of the payment by 12 and dividing the product by 52.
(4)
Where payments of child support are made at intervals and those intervals are not a week or a month, the weekly amount shall be determined by dividing that payment by the number equal to the number of weeks (including any part of a week) in that interval.
(5)
Where a payment is made and that payment represents a commutation of child support maintenance the weekly amount shall be the weekly amount of the individual child support maintenance payments so commuted as calculated in accordance with paragraphs (2) to (4) as appropriate.
(6)
Paragraph (2), (3) or, as the case may be, (4) shall apply to any payments made at the intervals specified in that paragraph whether or not—
(a)
the amount paid is in accordance with the maintenance F5calculation, and
(b)
the intervals at which the payments are made are in accordance with the intervals specified by the Secretary of State under regulation 4 of the Child Support (Collection and Enforcement) Regulations 1992.
Date on which child support maintenance is to be treated as paid60D.
F6(1)
Subject to paragraph (2), a payment of child support maintenance is to be treated as paid—
(a)
F7subject to sub-paragraph (aa), in the case of a payment which is due to be paid before the first benefit week pursuant to the claim, on the day in the week in which it is due to be paid which corresponds to the first day of the benefit week;
F8(aa)
in the case of any amount of a payment which represents arrears of maintenance for a week prior to the first benefit week pursuant to a claim, on the day of the week in which it became due which corresponds to the first day of the benefit week;
(b)
in any other case, on the first day of the benefit week in which F9it is due to be paid or the first day of the first succeeding benefit week in which it is practicable to take it into account.
F10(2)
Where a payment to which paragraph (1)(b) refers is made to the Secretary of State and then transmitted to the person entitled to receive it, the payment shall be treated as paid on the first day of the benefit week in which it is transmitted or, where it is not practicable to take it into account in that week, the first day of the first succeeding benefit week in which it is practicable to take the payment into account.
F11Disregard of payments treated as not relevant income60E.
Where the Secretary of State treats any payment of child support maintenance as not being relevant income for the purposes of section 74A of the Social Security Administration Act 1992 (payment of benefit where maintenance payments collected by Secretary of State), that payment shall be disregarded in calculating a claimant’s income.