The Child Support (Maintenance Assessments and Special Cases) Regulations 1992

1. Introductory Text

2. PART I GENERAL

   1. 1. Citation, commencement and interpretation

3. PART II CALCULATION OR ESTIMATION OF CHILD SUPPORT MAINTENANCE

   1. 2. Calculation or estimation of amounts

   2. 3. Calculation of AG

   3. 4. Basic rate of child benefit

   4. 5. The general rule

   5. 6. The additional element

   6. 7. Net income: calculation or estimation of N

   7. 8. Net income: calculation or estimation of M

   8. 9. Exempt income: calculation or estimation of E

   9. 10. Exempt income: calculation or estimation of F

   10. 11. Protected income

   11. 12. Disposable income

   12. 13. The minimum amount

   13. 14. Eligible housing costs

   14. 15. Amount of housing costs

   15. 16. Weekly amount of housing costs

   16. 17. Apportionment of housing costs: exempt income

   17. 18. Excessive housing costs

4. PART III SPECIAL CASES

   1. 19. Both parents are absent

   2. 20. Persons treated as absent parents

   3. 21. One parent is absent and the other is treated as absent

   4. 22. Multiple applications relating to an absent parent

   5. 23. Person caring for children of more than one absent parent

   6. 24. Persons with part-time care—not including a person treated as an absent parent

   7. 25. Care provided in part by a local authority

   8. 26. Cases where child support maintenance is not to be payable

   9. 27. Child who is a boarder or an in-patient

   10. 27A. Child who is allowed to live with his parent under section 23(5) of the Children Act 1989

   11. 28. Amount payable where absent parent is in receipt of income support or other prescribed benefit

5. Signature

6. 1. SCHEDULE 1

      CALCULATION OF N AND M

      1. PART I EARNiNGS

         1. Chapter 1 Earnings of an employed earner

            1. 1. (1) Subject to sub-paragraphs (2) and (3), “earnings" means in...

            2. 2. (1) Subject to sub-paragraphs (2) to (4)—

      2. Chapter 2 Earnings of a self-employed earner

         1. 3. (1) Subject to sub-paragraphs (2) and (3) and to paragraph...

         2. 4. In a case where a person is self-employed as a...

         3. 5. (1) Subject to sub-paragraphs (2) and (3)—

      3. PART II BENEFIT PAYMENTS

         1. 6. (1) The benefit payments to be taken into account in...

         2. 7. (1) Where a benefit payment under the Contributions and Benefits...

      4. PART III OTHER INCOME

         1. 8. The amount of the other income to be taken into...

         2. 9. Any periodic payment of pension or other benefit under an...

         3. 10. Any payment received on account of the provision of board...

         4. 11. Subject to regulation 7(3)(b) and paragraph 12, any payment to...

         5. 12. The income of a student shall not include any payment—...

         6. 13. Any interest, dividend or other income derived from capital.

         7. 14. Any maintenance payments in respect of a parent.

         8. 15. Any other payments or other amounts received on a periodical...

         9. 16. (1) Subject to sub-paragraphs (2) to (6) the amount of...

      5. PART IV INCOME OF CHILD TREATED AS INCOME OF PARENT

         1. 17. The amount of any income of a child which is...

         2. 18. Where a child has income which falls within the following...

         3. 19. Where child support maintenance is being assessed for the support...

         4. 20. Where child support maintenance is being assessed to support more...

         5. 21. Where child support maintenance is not being assessed for the...

         6. 22. Where a benefit under the Contributions and Benefits Act includes...

         7. 23. For the purposes of this Part, “the relevant income of...

         8. 24. The amount of the income of a child which is...

      6. PART V AMOUNTS TREATED AS THE INCOME OF A PARENT

         1. 25. The amounts which fall to be treated as income of...

         2. 26. Where a child support officer is satisfied—

         3. 27. Subject to paragraphs 28 to 30, where the child support...

         4. 28. No amount shall be treated as income by virtue of...

         5. 29. Where an amount is included in the income of a...

         6. 30. Where a child support officer determines under paragraph 27 that...

         7. 31. Where a payment is made on behalf of a parent...

         8. 32. Where paragraph 26 applies the amount to be treated as...

   2. SCHEDULE 2

      AMOUNTS TO BE DISREGARDED WHEN CALCULATING OR ESTIMATING N and M

      1. 1. The amounts referred to in this Schedule are to be...

      2. 2. An amount in respect of income tax applicable to the...

      3. 3. Where a payment is made in a currency other than...

      4. 4. Any amount payable in a country outside the United Kingdom...

      5. 5. Any compensation for personal injury and any payments from a...

      6. 6. Any advance of earnings or any loan made by an...

      7. 7. Any payment by way of, or any reduction or discharge...

      8. 8. Any disability living allowance, mobility supplement or any payment intended...

      9. 9. Any payment which is— (a) an attendance allowance under section...

      10. 10. Any payment under section 148 of the Contributions and Benefits...

      11. 11. Any social fund payment within the meaning of Part VIII...

      12. 12. Any payment made by the Secretary of State to compensate...

      13. 13. Any payment made by the Secretary of State to compensate...

      14. 14. Any payment made by the Secretary of State to compensate...

      15. 15. Any concessionary payment made to compensate for the non-payment of...

      16. 16. Any payments of child benefit to the extent that they...

      17. 17. Any payment made under regulations 9 to 11 or 13...

      18. 18. Subject to paragraph 20 and to the extent that it...

      19. 19. (1) Except where sub-paragraph (2) applies and subject to sub-paragraph...

      20. 20. (1) Where, but for this paragraph, more than £10·00 would...

      21. 21. In the case of a person participating in arrangements for...

      22. 22. Where a parent occupies a dwelling as his home and...

      23. 23. Where a parent, who is not a self-employed earner, is...

      24. 24. Where a parent provides board and lodging accommodation in his...

      25. 25. Any payment made to a person in respect of an...

      26. 26. Where a local authority makes a payment in respect of...

      27. 27. Any payment received under a policy of insurance taken out...

      28. 28. In the calculation of the income of the parent with...

      29. 29. Any payment made by a local authority to a person...

      30. 30. Any payment made by a health authority, local authority or...

      31. 31. Any payment made by a local authority under section 17...

      32. 32. Any resettlement benefit which is paid to the parent by...

      33. 33. (1) Any payment or repayment made— (a) as respects England...

      34. 34. Any payment made (other than a training allowance), whether by...

      35. 35. Any contribution to the expenses of maintaining a household which...

      36. 36. Any sum in respect of a course of study attended...

      37. 37. Where a person receives income under an annuity purchased with...

      38. 38. Any payment of the description specified in paragraph 39 of...

      39. 39. Any payment made to a juror or witness in respect...

      40. 40. Any special war widows’ payment made under—

      41. 41. Any payment to a person as holder of the Victoria...

      42. 42. Any payment made either by the Secretary of State for...

      43. 43. Any amount by way of a refund of income tax...

      44. 44. Maintenance payments (whether paid under the Act or otherwise) insofar...

      45. 45. Where following a divorce or separation— (a) capital is divided...

      46. 46. Except in the case of a self-employed earner, payments in...

      47. 47. Any payment made by the Joseph Rowntree Memorial Trust from...

      48. 48. Any payment of expenses to a person who is—

      49. 48A. Any guardian’s allowance under Part III of the Contributions and...

      50. 48B. Any payment in respect of duties mentioned in paragraph 1(1)(i)...

      51. 49. In this Schedule— “concessionary payment" means a payment made under...

   3. SCHEDULE 3

      ELIGIBLE HOUSING COSTS

      1. 1. Eligible housing costs for the purposes of determining exempt income and protected income

      2. 2. Loans for repairs and improvements to the home

      3. 3. Exempt income: additional provisions relating to eligible housing costs

      4. 4. Conditions relating to eligible housing costs

      5. 5. Accommodation also used for other purposes

      6. 6. Ineligible service and fuel charges

      7. 7. Interpretation

   4. SCHEDULE 4

      CASES WHERE CHILD SUPPORT MAINTENANCE IS NOT TO BE PAYABLE

      1. The payments and awards specified for the purposes of regulation...

   5. SCHEDULE 5

      PROVISIONS APPLYING TO CASES TO WHICH SECTION 43 OF THE ACT AND REGULATION 28 APPLY

      1. 1. In this Schedule “relevant decision” means a decision of a...

      2. 2. A relevant decision may be reviewed by a child support...

      3. 3. A relevant decision shall be reviewed by a child support...

      4. 4. (1) Before conducting a review under paragraph 6 the child...

      5. 5. After completing a review under paragraph 2, 3 or 6,...

      6. 6. Where a child support officer has made a decision under...

      7. 7. The modifications to the provisions of section 18(5) to (7)...

      8. 8. The provisions of section 20 of the Act (appeals) shall...

      9. 9. The provisions of paragraphs (1) and (2) of regulation 5...

7. Explanatory Note