Words in reg. 1(2) inserted (5.11.2003) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2003 (S.I. 2003/2779), regs. 1, 4(2)(c)
Words in reg. 1(2) substituted (28.10.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications of Enactments) Order 2011 (S.I. 2011/2581), art. 1(2)(b), Sch. 2 para. 18(a)
Words in reg. 1(2) inserted (7.4.1997) by The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1803), regs. 1(b), 7
Words in reg. 1(2) inserted (6.4.2003) by The Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/328), regs. 1(3)(d), 6(2)(a)
Words in reg. 1(2) inserted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), Sch. 2 para. 20(2)(a)
Words in reg. 1(2) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 41(2)(a)
Words in reg. 1(2) inserted (13.1.1997) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1996 (S.I. 1996/3196), regs. 1(1), 10(2)(a)(b)
Words in reg. 1(2) revoked (1.4.2013) by The Council Tax Benefit Abolition (Consequential Provision) Regulations 2013 (S.I. 2013/458), reg. 1, Sch. 1
Words in reg. 1(2) substituted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 4 para. 2(2)(a) (with art. 3)
Word in reg. 1(2) substituted (5.4.1993) by The Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 19(2)(a)
Words in reg. 1(2) substituted (18.4.1995) by The Child Support and Income Support (Amendment) Regulations 1995 (S.I. 1995/1045), regs. 1(2), 41(2)(i)
Words in reg. 1(2) substituted (1.6.1999) by The Social Security Act 1998 (Commencement No. 7 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/1510), arts. 3(1), 14(1)(a)(i)
Words in reg. 1(2) substituted (22.1.1996) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995 (S.I. 1995/3261), regs. 1(2), 40(2)(a)
Words in reg. 1(2) substituted (1.6.1999) by The Social Security Act 1998 (Commencement No. 7 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/1510), arts. 3(1), 14(1)(a)(ii)
Words in reg. 1(2) inserted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 42(2)(a) (with reg. 59)
Words in reg. 1(2) omitted (19.1.1998) b.v.o (S.I. 1996/2907) 68(2) being revoked byThe Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 30
Words in reg. 1(2) omitted (6.4.2003) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/328), regs. 1(3)(d), 6(2)(b)
Words in reg. 1(2) substituted (4.10.1999) by The Child Support (Miscellaneous Amendments) Regulations 1999 (S.I. 1999/977), regs. 1(1), 6(2)(a) (with reg. 7)
Words in reg. 1(2) added (7.10.1996) by The Child Support (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1945), regs. 1(2), 18(2)
Words in reg. 1(2) added (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 42(2)(b) (with reg. 59)
Words in reg. 1(2) substituted (5.8.1996) by The Child Support (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1945), regs. 1, 18(3)
Words in reg. 1(2) substituted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 4 para. 2(2)(b) (with art. 3)
Words in reg. 1(2) substituted (5.11.2003) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2003 (S.I. 2003/2779), regs. 1, 4(2)(a)
Words in reg. 1(2) substituted (1.6.1999) by The Social Security Act 1998 (Commencement No. 7 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/1510), arts. 3(1), 14(1)(b)(i)
Words in reg. 1(2) substituted (1.6.1999) by The Social Security Act 1998 (Commencement No. 7 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/1510), arts. 3(1), 14(1)(b)(ii)
Words in reg. 1(2) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 4(2)(a) (with regs. 2, 3, Sch. 3, Sch. 4)
Words in reg. 1(2) inserted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 4(2)(b) (with regs. 2, 3, Sch. 3, Sch. 4)
Words in reg. 1(2) substituted (28.10.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications of Enactments) Order 2011 (S.I. 2011/2581), art. 1(2)(b), Sch. 2 para. 18(b)
Words in reg. 1(2) substituted (1.10.2010) by The Health and Social Care Act 2008 (Miscellaneous Consequential Amendments) Order 2010 (S.I. 2010/1881), arts. 1(1), 7
Words in reg. 1(2) inserted (5.4.1993) by The Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 19(2)(c)(i)
Words in reg. 1(2) inserted (1.10.2007) by The Independent Living Fund (2006) Order 2007 (S.I. 2007/2538), arts. 1, 3(2)
Words in reg. 1(2) inserted (5.4.1993) by The Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 19(2)(c)(ii)
Words in reg. 1(2) inserted (7.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996 (S.I. 1996/1345), regs. 1, 6(2)
Words in reg. 1(2) omitted (5.12.2005) by virtue of The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 4 para. 2(2)(c) (with art. 3)
Reg. 1(2) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 4(2)(c) (with regs. 2, 3, Sch. 3, Sch. 4)
Words in reg. 1(2) omitted (5.11.2003) by virtue of The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2003 (S.I. 2003/2779), regs. 1, 4(2)(b)
Words in reg. 1(2) substituted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 42(2)(c) (with reg. 59)
Words in reg. 1(2) substituted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 4 para. 2(2)(d) (with art. 3)
Words in reg. 1(2) inserted (6.4.2009) by The Child Support (Miscellaneous and Consequential Amendments) Regulations 2009 (S.I. 2009/736), regs. 1(1), 3(2)(a)
Words in reg. 1(2) substituted (13.1.1997) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1996 (S.I. 1996/3196), regs. 1(1), 10(2)(c)
Words in reg. 1(2) omitted (1.4.2013) by virtue of The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 20(2)(b)
Words in reg. 1(2) substituted (E.W.N.I.) (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078), art. 1(1), Sch. 2 para. 15; (S) (S.I. 2005/445), Sch. para. 18
Words in reg. 1(2) inserted (13.1.1997) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1996 (S.I. 1996/3196), regs. 1(1), 10(2)(d)
Words in reg. 1(2) inserted (6.4.2009) by The Child Support (Miscellaneous and Consequential Amendments) Regulations 2009 (S.I. 2009/736), regs. 1(1), 3(2)(b)
Words in reg. 1(2) inserted (18.4.1995) by The Child Support and Income Support (Amendment) Regulations 1995 (S.I. 1995/1045), regs. 1(2), 41(2)(ii)
Words in reg. 1(2) substituted (1.6.1999) by The Social Security Act 1998 (Commencement No. 7 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/1510), arts. 3(1), 14(1)(c)
Words in reg. 1(2) added (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 42(2)(e) (with reg. 59)
Words in reg. 1(2) inserted (5.11.2003) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2003 (S.I. 2003/2779), regs. 1, 4(2)(e)
Words in reg. 1(2) substituted (18.4.1995) by The Child Support and Income Support (Amendment) Regulations 1995 (S.I. 1995/1045), regs. 1(2), 41(2)(iii)
Words in reg. 1(2) omitted (5.4.1993) by virtue of The Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 19(2)(e)
Words in reg. 1(2) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 41(2)(b)
Words in reg. 1(2) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 58(2)
Words in reg. 1(2) substituted (6.4.1999) by The Child Support (Miscellaneous Amendments) Regulations 1999 (S.I. 1999/977), regs. 1(1), 6(2)(b) (with reg. 7)
Words in reg. 1(2) substituted (6.4.2003) by The Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/328), regs. 1(3)(d), 6(2)(c)
Reg. 1(2A) inserted (5.4.1993) by The Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 19(3)
Words in reg. 1(2A) inserted (13.1.1997) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1996 (S.I. 1996/3196), regs. 1(1), 10(3)(a)
Words in reg. 1(2A) substituted (18.4.1995) by The Child Support and Income Support (Amendment) Regulations 1995 (S.I. 1995/1045), regs. 1(2), 41(3)(a)
Words in reg. 1(2A) substituted (18.4.1995) by The Child Support and Income Support (Amendment) Regulations 1995 (S.I. 1995/1045), regs. 1(2), 41(3)(b)
Words in reg. 1(2A)(a) added (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 42(3) (with reg. 59)
Words in reg. 1(2A) omitted (18.4.1995) by virtue of The Child Support and Income Support (Amendment) Regulations 1995 (S.I. 1995/1045), regs. 1(2), 41(3)(c)
Words in reg. 1(2A) substituted (18.4.1995) by The Child Support and Income Support (Amendment) Regulations 1995 (S.I. 1995/1045), regs. 1(2), 41(3)(c)
Reg. 1(2A)(d)(e) inserted (18.4.1995) by The Child Support and Income Support (Amendment) Regulations 1995 (S.I. 1995/1045), regs. 1(2), 41(3)(d)
Words in reg. 1(2A)(e)(ii) omitted (13.1.1997) by virtue of The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1996 (S.I. 1996/3196), regs. 1(1), 10(3)(b)
Words in reg. 1(2A)(e)(ii) inserted (22.1.1996) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995 (S.I. 1995/3261), regs. 1(2), 40(3)
Reg. 1(2B) inserted (30.9.2013) by The Child Support (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/1517), regs. 1(2), 3
Words in reg. 1(4) inserted (2.12.1996) by The Child Support Departure Direction and Consequential Amendments Regulations 1996 (S.I. 1996/2907), regs. 1(1), 68(3)
S.I. 1987/1967; the relevant amending instruments are S.I. 1988/663, 1228, 1445, 2022; 1989/534, 1034, 1678; 1990/547, 1168, 1776; 1991/236, 387, 503, 1559.
S.I. 1975/555; the relevant amending instruments are S.I. 1977/1693 and 1987/1683.
1990 c.6; section 1 is amended by the Further and Higher Education (Scotland) Act 1992 (c.37), Schedule 9.
1973 c.50; section 2 is substituted by the Employment Act 1988 (c.19), section 25(1).
These Regulations may be cited as the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 and shall come into force on 5th April 1993.
In these Regulations unless the context otherwise requires—
“the Act" means the Child Support Act 1991;
“claimant" means a claimant for income support;
“Contributions and Benefits Act" means the Social Security Contributions and Benefits Act 1992
“
a man and woman who are married to each other and are members of the same household;
a man and woman who are not married to each other but are living together as husband and wife;
two people of the same sex who are civil partners of each other and are members of the same household; or
two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,
and for the purposes of paragraph (d), two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex;
“course of advanced education" means
a full-time course leading to a postgraduate degree or comparable qualification, a first degree or comparable qualification, a Diploma of Higher Education, a higher national diploma, a higher national diploma or higher national certificate of the Business and
any other full-time course which is a course of a standard above that of an ordinary national diploma, a national diploma or national certificate of the Business and
“covenant income" means the gross income payable to a student under a Deed of Covenant by a parent;
“day" includes any part of a day;
care of not less than 104 nights in total during the 12 month period ending with the relevant week; or
where, in the opinion of the
and for the purpose of this definition—
where a child is a boarder at a boarding school, or is an in-patient in a hospital, the person who, but for those circumstances, would otherwise provide day to day care of the child shall be treated as providing day to day care during the periods in question;
in relation to an application for child support maintenance, “relevant week" shall have the meaning ascribed to it in head (ii) of sub-paragraph (a) of the definition of “relevant week" in this paragraph;
in a case where notification is given under regulation 24 of the Maintenance Assessment Procedure Regulations to the relevant persons on different dates, “relevant week" means the period of seven days immediately preceding the date of the latest notification;
“earnings" has the meaning assigned to it by paragraph
“The Earnings Top-up Scheme" means the Earnings Top-up Scheme 1996;
“effective date" means the date on which a maintenance assessment takes effect for the purposes of the Act;
“eligible housing costs" shall be construed in accordance with Schedule 3;
“employed earner" has the same meaning as in section 2(1)(a) of the Contributions and Benefits Act
where a person who is not a member of
and for the purposes of this definition a person shall not be treated as having day to day care of a child who is a member of that person’s household where the child in question is being looked after by a local authority within the meaning of section 22 of the Children Act 1989 or, in Scotland, where the child is boarded out with that person by a local authority under the provisions of section 21 of the Social Work (Scotland) Act 1968;
“grant" means any kind of educational grant or award and includes any scholarship, exhibition, allowance or bursary but does not include a payment made under section 100 of the Education Act 1944
“grant contribution" means any amount which a Minister of the Crown or an education authority treats as properly payable by another person when assessing the amount of a student’s grant and by which that amount is, as a consequence, reduced;
“home" means—
the dwelling in which a person and any family of his normally live; or
if he or they normally live in more than one home, the principal home of that person and any family of his,
and for the purpose of determining the principal home in which a person normally lives no regard shall be had to residence in
“housing benefit" has the same meaning as in section 130 of the Contributions and Benefits Act;
“Income Support Regulations" means the Income Support (General) Regulations 1987
in England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; and
in Wales, has the meaning assigned to it by section 2 of the Care Standards Act 2000;
“Maintenance Assessment Procedure Regulations" means the Child Support (Maintenance Assessment Procedure) Regulations 1992
“non-dependant"means a person who is a non-dependant for the purposes of either—
regulation 3 of the Income Support Regulations; or
regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations;
or who would be a non-dependant for those purposes if another member of the household in which he is living were entitled to income support or housing benefit as the case may be;
“occupational pension scheme" has the same meaning as in section
“ordinary clothing or footwear" means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities;
“parent with care" means a person who, in respect of the same child or children, is both a parent and a person with care;
“partner" means—
in relation to a member of
in relation to a member of a polygamous marriage, any other member of that marriage with whom he lives;
“patient" means a person (other than a person who is serving a sentence of imprisonment or detention in a young offender institution within the meaning of the Criminal Justice Act 1982
“person" does not include a local authority;
“personal pension scheme" has the same meaning as in
“polygamous marriage" means any marriage during the subsistence of which a party to it is married to more than one person and in respect of which any ceremony of marriage took place under the law of a country which at the time of that ceremony permitted polygamy;
“prisoner" means a person who is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court other than a person whose detention is under the Mental Health Act 1983
in the case of a woman, pensionable age; or
in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;
“relevant child" means a child of an absent parent or a parent with care who is a member of the same family as that parent;
“relevant Schedule" means Schedule 2 to the Income Support Regulations (income support applicable amounts);
in relation to an application for child support maintenance—
in the case of the applicant, the period of seven days immediately preceding the date on which the appropriate maintenance assessment application form (being an effective application within the meaning of regulation 2(4) of the Maintenance Assessment Procedure Regulations) is submitted to the Secretary of State;
in the case of a person to whom a maintenance assessment enquiry form is given or sent as the result of such an application, the period of seven days immediately preceding the date on which that form is given or sent to him or, as the case may be, the date on which it is treated as having been given or sent to him under regulation 1(6)(b) of the Maintenance Assessment Procedure Regulations;
where a decision (“the original decision") is to be—
revised under section 16 of the Act; or
superseded by a decision under section 17 of the Act on the basis that the original decision was made in ignorance of, or was based upon a mistake as to some material fact or was erroneous in point of law,
the period of seven days which was the relevant week for the purposes of the original decision;
where a decision (“the original decision") is to be superseded by a decision under section 17 of the Act—
on an application made for the purpose on the basis that a material change of circumstances has occurred since the original decision was made, the period of seven days immediately preceding the date on which that application was made;
subject to paragraph (b), in a case where a relevant person is given notice under regulation 24 of the Maintenance Assessment Procedure Regulations, the period of seven days immediately preceding the date of that notification;
except that where, under paragraph 15 of Schedule 1 to the Act, the Secretary of State makes separate maintenance assessments in respect of different periods in a particular case, because he is aware of one or more changes of circumstances which occurred after the date which is applicable to that case under paragraph (a), (b) or (c) the relevant week for the purposes of each separate assessment made to take account of each such change of circumstances, shall be the period of seven days immediately preceding the date on which notification was given to the Secretary of State of the change of circumstances relevant to that separate maintenance assessment;
“retirement annuity contract" means an annuity contract for the time being approved by the Board of Inland Revenue as having for its main object the provision of a life annuity in old age or the provision of an annuity for a partner or dependant and in respect of which relief from income tax may be given on any premium;
“self-employed earner" has the same meaning as in section 2(1)(b) of the Contributions and Benefits Act
“student" means a person, other than a person in receipt of a training allowance, who is aged less than 19 and attending a full-time course of advanced education or who is aged 19 or over and attending a full-time course of study at an educational establishment; and for the purposes of this definition—
a person who has started on such a course shall be treated as attending it throughout any period of term or vacation within it, until the last day of the course or such earlier date as he abandons it or is dismissed from it;
a person on a sandwich course (within the meaning of paragraph 1(1) of Schedule 5 to the
“student loan" means a loan which is made to a student pursuant to arrangements made under section 1 of the Education (Student Loans) Act 1990
“training allowance" has the same meaning as in regulation 2 of the Income Support Regulations;
“weekly council tax" means the annual amount of the council tax in question payable in respect of the year in which the effective date falls, divided by 52;
“
arrangements made under section 2 of the Employment and Training Act 1973
arrangements made by the Secretary of State for persons enlisted in Her Majesty’s forces for any special term of service specified in regulations made under section 2 of the Armed Forces Act 1966
for purposes which include the training of persons who, at the beginning of their training, are under the age of 18.
“year" means a period of 52 weeks;
Where any provision of these Regulations requires the income of a person to be estimated and that or any other provision of these Regulations requires that the amount of such estimated income is to be taken into account for any purpose after deducting from it a sum in respect of income tax or of primary Class 1 contributions under the Contributions and Benefits Act
the amount to be deducted in respect of income tax shall be calculated by applying to that income the rates of income tax applicable at the
the amount to be deducted in respect of Class 1 contributions under the Contributions and Benefits Act
the amount to be deducted in respect of contributions paid by that person towards an occupational
the amount to be deducted in respect of contributions towards a personal pension scheme shall be one half of the contributions paid by that person or, where that scheme is intended partly to provide a capital sum to discharge a mortgage secured on that person’s home, 37.5 per centum of those contributions;
in relation to any bonus or commission which may be included in that person’s income—
the amount to be deducted in respect of income tax shall be calculated by applying to the gross amount of that bonus or commission the rate or rates of income tax applicable in the relevant week;
the amount to be deducted in respect of primary Class 1 contributions under the Contributions and Benefit Act
the amount to be deducted in respect of contributions paid by that person in respect of the gross amount of that bonus or commission towards an occupational pension scheme shall be one half of any sum so paid.
For the purposes of these Regulations, where a person has made an election under section 13A(1) of the Social Security Administration Act 1992 (election not to receive child benefit) for payments of child benefit not to be made—
that person is to be treated as being in receipt of child benefit; and
the amount of child benefit that would be otherwise paid in respect of the relevant child is to be treated as being in payment.
In these Regulations, unless the context otherwise requires, a reference—
to a numbered Part is to the Part of these Regulations bearing that number;
to a numbered Schedule is to the Schedule to these Regulations bearing that number;
to a numbered regulation is to the regulation in these Regulations bearing that number;
in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number;
in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.