The Child Support (Maintenance Assessments and Special Cases) Regulations 1992
PART I GENERAL
1 Citation, commencement and interpretation
PART II CALCULATION OR ESTIMATION OF CHILD SUPPORT MAINTENANCE
2 Calculation or estimation of amounts
3 Calculation of AG
4 Basic rate of child benefit
5 The general rule
6 The additional element
7 Net income: calculation or estimation of N
8 Net income: calculation or estimation of M
9 Exempt income: calculation or estimation of E
10 Exempt income: calculation or estimation of F
10A Assessable income: working tax credit paid to or in respect of a parent with care or an absent parent
10BAssessable income: state pension credit paid to or in respect of a parent with care or an absent parent
10CAssessable income : universal credit paid to or in respect of the parent concerned
11 Protected income
12 Disposable income
13 The minimum amount
14 Eligible housing costs
15 Amount of housing costs
16 Weekly amount of housing costs
17 Apportionment of housing costs: exempt income
18 Excessive housing costs
PART III SPECIAL CASES
19 Both parents are absent
20 Persons treated as absent parents
21 One parent is absent and the other is treated as absent
22 Multiple applications relating to an absent parent
23 Person caring for children of more than one absent parent
24 Persons with part-time care—not including a person treated as an absent parent
25 Care provided in part by a local authority
26 Cases where child support maintenance is not to be payable
27 Child who is a boarder or an in-patient
27AChild in care who is allowed to live with their parent
28 Amount payable where absent parent is in receipt of income support or other prescribed benefit
SCHEDULE 1 CALCULATION OF N AND M
PART I EARNINGS
Chapter 1Earnings of an employed earner
1(1) Subject to sub-paragraphs (2) and (3), “earnings" means in...
2(1) Subject to sub-paragraphs (1A) to (4), the amount of...
Chapter 2Earnings of a self-employed earner
2A(1) Subject to paragraphs ... 2C, 4 and 5A, “earnings”...
2B. . . . . . . . . ....
2CWhere the Secretary of State accepts that it is not...
3(1) Where paragraph 2C applies, and subject to sub-paragraphs (2)...
4In a case where a person is self-employed as a...
5(1) Subject to sub-paragraphs (2) to (3)—
5A(1) Subject to sub-paragraph (2) of this paragraph, the earnings...
CHAPTER 3Estimate of earnings where insufficient information available
5B(1) Where the Secretary of State is calculating earnings of...
PART II BENEFIT PAYMENTS
6(1) The benefit payments to be taken into account in...
7(1) Where a benefit payment under the Contributions and Benefits...
PART III OTHER INCOME
8The amount of the other income to be taken into...
9Any periodic payment of pension or other benefit under an...
9A(1) Where a war disablement pension includes an adult or...
10Any payment received on account of the provision of board...
11Subject to regulation 7(3)(b) and paragraph 12, any payment to...
12The income of a student shall not include any payment—...
13Any interest, dividend or other income derived from capital.
14Any maintenance payments in respect of a parent.
14A(1) Subject to sub-paragraph (2), the amount of any earnings...
14B(1) Subject to sub-paragraph (2), payments to a person of...
15Any other payments or other amounts received on a periodical...
16(1) Subject to sub-paragraphs (2) to (7) the amount of...
PART IV INCOME OF CHILD TREATED AS INCOME OF PARENT
17The amount of any income of a child which is...
18Where a child has income which falls within the following...
19Where child support maintenance is being assessed for the support...
20Where child support maintenance is being assessed to support more...
21Where child support maintenance is not being assessed for the...
22(1) Where a benefit under the Contributions and Benefits Act...
23For the purposes of this Part, “the relevant income of...
24The amount of the income of a child which is...
PART V AMOUNTS TREATED AS THE INCOME OF A PARENT
25The amounts which fall to be treated as income of...
26Where the Secretary of State is satisfied—
27Subject to paragraphs 28 to 30, where the Secretary of...
28No amount shall be treated as income by virtue of...
29Where an amount is included in the income of a...
30Where the Secretary of State determines under paragraph 27 that...
31Where a payment is made on behalf of a parent...
32Where paragraph 26 applies the amount to be treated as...
SCHEDULE 2 AMOUNTS TO BE DISREGARDED WHEN CALCULATING OR ESTIMATING N and M
1The amounts referred to in this Schedule are to be...
2An amount in respect of income tax applicable to the...
3Where a payment is made in a currency other than...
4Any amount payable in a country outside the United Kingdom...
5Any compensation for personal injury and any payments from a...
6Any advance of earnings or any loan made by an...
7Any payment by way of, or any reduction or discharge...
7AAny payment of universal credit.
7BAny payment of bereavement support payment under section 30 of...
8Any disability living allowance, personal independence payment, mobility supplement ,...
9Any payment which is— (a) an attendance allowance under section...
10Any payment under section 148 of the Contributions and Benefits...
11Any social fund payment within the meaning of Part VIII...
12Any payment made by the Secretary of State to compensate...
13Any payment made by the Secretary of State to compensate...
14Any payment made by the Secretary of State to compensate...
15Any concessionary payment made to compensate for the non-payment of...
15AA payment made by the Secretary of State under section...
16Any payments of child benefit to the extent that they...
17Any payment made under regulations 9 to 11 or 13...
18Subject to paragraph 20 and to the extent that it...
18ASubject to paragraph 20, and to the extent that it...
19(1) Except where sub-paragraph (2) applies and subject to sub-paragraph...
20(1) Where, but for this paragraph, more than £20.00 would...
21In the case of a person participating in arrangements for...
22Where a parent occupies a dwelling as his home and...
23Where a parent, who is not a self-employed earner, is...
24For each week in which a parent provides board and...
25Any payment made to a person in respect of an...
25AAny payment made to a person in accordance with regulations...
26Where a local authority makes a payment in respect of...
27Any payment received under a policy of insurance taken out...
28In the calculation of the income of the parent with...
29Any payment made by a local authority to a person...
29AAny payment made to a person under section 73(1)(b) of...
29BAny payment made to a family or relative with whom...
30Any payment made by a health authority, integrated care board,...
31Any payment made by a local authority under section 17...
31AIn Wales, any payment made by a local authority under—...
32Any resettlement benefit which is paid to the parent by...
33(1) Any payment or repayment made— (a) as respects England...
34Any payment made (other than a training allowance), whether by...
35Any contribution to the expenses of maintaining a household which...
36Any sum in respect of a course of study attended...
36AAny sum in respect of financial assistance given, or given...
37Where a person receives income under an annuity purchased with...
38Any payment of the description specified in paragraph 39 of...
39Any payment made to a juror or witness in respect...
40Any special war widows’ payment made under—
41Any payment to a person as holder of the Victoria...
42Any payment made either by the Secretary of State for...
43Any amount by way of a refund of income tax...
44Maintenance payments (whether paid under the Act or otherwise) insofar...
45Where following a divorce, dissolution of a civil partnership or...
46Except in the case of a self-employed earner, payments in...
47Any payment made by the Joseph Rowntree Memorial Trust from...
48Any payment of expenses to a person who is—
48AAny guardian’s allowance under Part III of the Contributions and...
48BAny payment in respect of duties mentioned in paragraph 1(1)(i)...
48C(1) Any payment to a person under section 1 of...
48DAny payment of child tax credit.
48EAny payment made by a local authority, or by the...
48FAny supplementary pension under article 29(1A) of the Naval, Military...
48GAny top-up payment made under the Childcare Payments Act 2014...
49In this Schedule— “concessionary payment" means a payment made under...
SCHEDULE 3 ELIGIBLE HOUSING COSTS
1 Eligible housing costs for the purposes of determining exempt income and protected income
2 Loans for repairs and improvements to the home
2A Loans for repairs and improvements in transitional cases
3 Exempt income: additional provisions relating to eligible housing costs
4 Conditions relating to eligible housing costs
5 Accommodation also used for other purposes
6 Ineligible service and fuel charges
7 Interpretation
SCHEDULE 3AAMOUNT TO BE ALLOWED IN RESPECT OF TRANSFER OF PROPERTY
1Interpretation
2Evidence to be produced in connection with the allowance for transfers of property
3Consideration of evidence produced by other parent
4Computation of qualifying value—business assets and land
5Computation of qualifying value—cash, deposits and endowment policies
6Transfer wholly in lieu of periodical payments for relevant child
7Multiple transfers to related persons
8Computation of the value of compensation transfers
8A(1) This paragraph applies where— (a) the property which is...
9Computation of relevant value of a qualifying transfer
10Amount to be allowed in respect of a qualifying transfer
11This Schedule in its application to Scotland shall have effect...
SCHEDULE 3BAMOUNT TO BE ALLOWED IN RESPECT OF TRAVELLING COSTS
1Interpretation
2Computation of amount allowable in respect of travelling costs
3Computation in cases where there is one relevant employment and one work place in that employment
4There shall be calculated or, if this is impracticable, estimated—...
5The results of the calculation or estimate produced by sub-paragraph...
6The product of the multiplication required by paragraph 5 shall...
7Where the result of the division required by paragraph 6...
8Computation in cases where there is more than one work place but only one relevant employment
9There shall be calculated, or if that is impracticable, estimated—...
10Subject to paragraph 11, there shall be calculated for each...
11For the purposes of the calculation required by paragraph 10...
12The result of the calculation of the number of journeys...
13All the products of the multiplications required by paragraph 12...
14Where the result of the division required by paragraph 13...
15Computation in cases where there is more than one relevant employment
16There shall be calculated, or if that is impracticable, estimated—...
17Subject to paragraph 17A, there shall be calculated, or if...
17AFor the purposes of the calculation required by paragraph 17,...
18The result of the calculation or estimate of the number...
19All the products of the multiplications required by paragraph 18,...
20Where the result of the division required by paragraph 19,...
21Relevant employments in respect of which no amount is to be allowed
22The conditions is that relevant employer provides transport of any...
23The condition is that the relevant employer bears any part...
SCHEDULE 4 CASES WHERE CHILD SUPPORT MAINTENANCE IS NOT TO BE PAYABLE
The payments and awards specified for the purposes of regulation...
SCHEDULE 5PROVISIONS APPLYING TO CASES TO WHICH SECTION 43 OF THE ACT AND REGULATION 28 APPLY
1In this Schedule— (a) “relevant decision” means a decision of...
2A relevant decision may be reviewed by a child support...
3A relevant decision made on or before 18th April 1994...
3AA relevant decision made after 18th April 1994 shall be...
4(1) Before conducting a review under paragraph 6 the child...
5After completing a review under paragraph 2, 3 or 6,...
6Where a child support officer has made a decision under...
7The modifications to the provisions of section 18(5) to (7)...
7AIf, on a review under paragraph 2, 3, or 6,...
8The provisions of section 20 of the Act (appeals) shall...
9The provisions of paragraphs (1) and (2) of regulation 5...
1992 No. 1815
FAMILY LAW
CHILD SUPPORT

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

Made
Coming into force

F1 Whereas a draft of this instrument was laid before Parliament in accordance with section 52(2) of the Child Support Act 1991 M1 and approved by a resolution of each House of Parliament:

Now, therefore, the Secretary of State for Social Security, in exercise of the powers conferred by sections 42, 43, 51, 52(4) and 54M2 of, and paragraphs 1, 2 and 4 to 9 of Schedule 1 to, the Child Support Act 1991 and of all other powers enabling him in that behalf hereby makes the following Regulations:F2