PART III SPECIAL CASES

Care provided in part by a local authority25

1

Where the circumstances of a case are that a local authority and a person each provide day to day care for the same qualifying child, that case shall be treated as a special case for the purposes of the Act.

2

F2Subject to paragraph (3), in a case where this regulation applies—

a

child support maintenance shall be calculated in respect of that child as if this regulation did not apply;

b

the amount so calculated shall be divided by 7 so as to produce a daily amount;

c

in respect of each night for which day to day care for that child is provided by a person other than the local authority, the daily amount relating to that period shall be payable by the absent parent (or, as the case may be, by the person treated as an absent parent under regulation 20(2));

d

child support maintenance shall not be payable in respect of any night for which the local authority provides day to day care for that qualifying child.

F13

In a case where more than one qualifying child is included in a child support maintenance assessment application and ad where this regulation applies to at least one of those children, child support maintenance shall be a calculated by applying the formula—

where–

S is the total amount of child support maintenance in respect of all qualifying children included in that maintenance assessment application, calculated as if this regulation did not apply;

A is the aggregate of the number of nights of day to day care for all qualifying children included in that maintenance assessment application provided in each week by a person other than the local authority;

B is the number of qualifying children in respect of whom the maintenance assessment application has been made.