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

Protected income

11.—(1) For the purposes of paragraph 6 of Schedule 1 to the Act the protected income level of an absent parent shall, subject to paragraphs (3) and (4), be the aggregate of the following amounts—

(a) where—

(i) the absent parent does not have a partner, an amount equal to the amount specified in column (2) of paragraph 1(1)(e) of the relevant Schedule (income support personal allowance for a single claimant aged not less than 25 years);

(ii) the absent parent has a partner, an amount equal to the amount specified in column (2) of paragraph 1(3)(c) of the relevant Schedule (income support personal allowance for a couple where both members are aged not less than 18 years);

(iii) the absent parent is a member of a polygamous marriage, an amount in respect of himself and one of his partners, equal to the amount specified in sub-paragraph (ii) and, in respect of each of his other partners, an amount equal to the difference between the amounts specified in sub-paragraph (ii) and sub-paragraph (i);

(b) an amount in respect of housing costs determined in accordance with regulations 14, 15, 16 and 18, or, in a case where the absent parent is a non-dependant member of a household who is treated as having no housing costs by regulation 15(10)(a), the non-dependant amount which would be calculated in respect of him under regulation 15(5);

(c) where, if the absent parent were a claimant, the condition in paragraph 8 of the relevant Schedule (income support lone parent premium) would be satisfied but the condition set out in paragraph 11 of that Schedule (income support disability premium) would not be satisfied, an amount equal to the amount specified in column (2) of paragraph 15(1) of that Schedule (income support lone parent premium);

(d) where, if the parent were a claimant, the conditions in paragraph 11 of the relevant Schedule (income support disability premium) would be satisfied, an amount equal to the amount specified in column (2) of paragraph 15(4) of that Schedule (income support disability premium);

(e) where, if the parent were a claimant, the conditions in paragraph 13 or 14ZA of the relevant Schedule (income support severe disability and carer premiums) would be satisfied in respect of either or both premiums, an amount equal to the amount or amounts specified in column (2) of paragraph 15(5) or, as the case may be, (7) of that Schedule in respect of that or those premiums (income support premiums);

(f) where, if the parent were a claimant, the conditions in paragraph 3 of the relevant Schedule (income support family premium) would be satisfied, the amount specified in that paragraph;

(g) in respect of each child who is a member of the family of the absent parent—

(i) an amount equal to the amount of the personal allowance for that child, specified in column (2) of paragraph 2 of the relevant Schedule (income support personal allowance);

(ii) if the conditions set out in paragraphs 14(b) and (c) of the relevant Schedule (income support disabled child premium) are satisfied in respect of that child, an amount equal to the amount specified in column (2) of paragraph 15(6) of the relevant Schedule;

(h) where, if the parent were a claimant, the conditions specified in Part III of the relevant Schedule would be satisfied by the absent parent in question or any member of his family in relation to any premium not otherwise included in this regulation, an amount equal to the amount specified in Part IV of that Schedule (income support premiums) in respect of that premium;

(i) where the absent parent in question or his partner is living in—

(i) accommodation provided under Part III of the National Assistance Act 1948 M1 ;

(ii) accommodation provided under paragraphs 1 and 2 of Schedule 8 to the National Health Service Act 1977 M2 ; or

(iii) a nursing home or residential care home,

the amount of the fees paid in respect of the occupation of that accommodation or, as the case may be, that home.

(j) the amount of council tax which the absent parent in question or his partner is liable to pay in respect of the home for which housing costs are included under sub-paragraph (b) less any council tax benefit;

(k) an amount of £8·00;

(l) where the income of—

(i) the absent parent in question;

(ii) any partner of his; and

(iii) any child or children for whom an amount is included under sub-paragraph (g)(i);

exceeds the sum of the amounts to which reference is made in sub-paragraphs (a) to (k), 10 per centum of the excess.

(2) For the purposes of sub-paragraph (l) of paragraph (1) “income" shall be calculated—

(a) in respect of the absent parent in question or any partner of his, in the same manner as N (net income of absent parent) is calculated under regulation 7 except—

(i) there shall be taken into account the basic rate of any child benefit and any maintenance which in either case is in payment in respect of any member of the family of the absent parent;

(ii) there shall be deducted the amount of any maintenance under a maintenance order which the absent parent or his partner is paying in respect of a child in circumstances where an application for a maintenance assessment could not be made in accordance with the Act in respect of that child; and

(b) in respect of any child in that family, as being the total of that child’s income but only to the extent that such income does not exceed the amount included under sub-paragraph (g) of paragraph (1) (income support personal allowance for a child and income support disabled child premium) reduced, as the case may be, under paragraph (4).

(3) Where an absent parent does not have day to day care of any child (whether or not a relevant child) for 7 nights each week but does have day to day care of one or more such children for fewer than 7 nights each week, any amounts to be taken into account under sub-paragraphs (c) and (f) of paragraph (1) (income support lone parent premium and income support family premium) shall be reduced so that they bear the same proportion to the amounts referred to in those sub-paragraphs as the average number of nights each week in respect of which such care is provided has to 7.

(4) Where an absent parent has day to day care of a child (whether or not a relevant child) for fewer than 7 nights each week any amounts in relation to that child to be taken into account under sub-paragraph (g) of paragraph (1) (income support personal allowance for child and income support disabled child premium) shall be reduced so that they bear the same proportion to the amounts referred to in that sub-paragraph as the average number of nights in respect of which such care is provided has to 7.

(5) The amounts referred to in paragraph (1) shall be the amounts applicable at the effective date.

Marginal Citations

M1 1948 c.29.

M2 1977 c.49.