Words in Sch. 2 para. 15 inserted (5.11.2003) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2003 (S.I. 2003/2779), regs. 1, 4(7)(a)
Words in Sch. 2 para. 15 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(5)
Words in Sch. 2 para. 18(a) inserted (5.11.2003) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2003 (S.I. 2003/2779), regs. 1, 4(7)(b)
Words in Sch. 2 para. 18(b)(ii) inserted (5.11.2003) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2003 (S.I. 2003/2779), regs. 1, 4(7)(b)
Sch. 2 para. 18A inserted (16.3.2005) by The Child Support (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/785), regs. 1(2)(a), 4(3)(a)
Words in Sch. 2 para. 19(1) substituted (8.4.1996) by The Child Support (Maintenance Assessments and Special Cases) and Social Security (Claims and Payments) Amendment Regulations 1996 (S.I. 1996/481), regs. 1(1), 3(2) (with reg. 4)
Sum in Sch. 2 para. 20(1) substituted (8.4.1996) by The Child Support (Maintenance Assessments and Special Cases) and Social Security (Claims and Payments) Amendment Regulations 1996 (S.I. 1996/481), regs. 1(1), 3(3) (with reg. 4)
Words in Sch. 2 para. 20 substituted (16.3.2005) by The Child Support (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/785), regs. 1(2)(a), 4(3)(b)
Words in Sch. 2 para. 22 substituted (6.4.2003) by The Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/328), regs. 1(3)(d), 6(7)(a)
Sch. 2 para. 23(a) substituted (5.4.1993) by The Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 28
Words in Sch. 2 para. 24 substituted (18.4.1995) by The Child Support and Income Support (Amendment) Regulations 1995 (S.I. 1995/1045), regs. 1(2), 55(2)
Words in Sch. 2 para. 24(a) inserted (18.4.1995) by The Child Support and Income Support (Amendment) Regulations 1995 (S.I. 1995/1045), regs. 1(2), 55(3)
Words in Sch. 2 para. 25 inserted (16.3.2005) by The Child Support (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/785), regs. 1(2)(a), 4(3)(c)
Words in Sch. 2 para. 25 substituted (6.4.1999) by The Child Support (Miscellaneous Amendments) Regulations 1999 (S.I. 1999/977), regs. 1(1), 6(6) (with reg. 7)
Words in Sch. 2 para. 25(a) substituted (5.4.1993) by The Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 29
Words in Sch. 2 para. 25 added (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 57 (with reg. 59)
Sch. 2 para. 25A inserted (16.3.2005) by The Child Support (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/785), regs. 1(2)(a), 4(3)(d)
Words in Sch. 2 para. 26 substituted (5.4.1993) by The Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 30
Words in Sch. 2 para. 27 substituted (22.1.1996) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995 (S.I. 1995/3261), regs. 1(2), 46
Words in Sch. 2 para. 30 inserted (1.10.2002) by The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (S.I. 2002/2469), regs. 1, 9, Sch. 6
Sch. 2 para. 36A inserted (16.9.2004) by The Child Support (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/2415), regs. 1(2)(a), 5(3)
Words in Sch. 2 para. 39 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(6)(7)(c)
Words in Sch. 2 para. 44 added (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 57 (with reg. 59)
Sch. 2 para. 46 substituted (5.4.1993) by The Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 31
Sch. 2 paras. 48A, 48B inserted (5.4.1993) by The Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 32
Sch. 2 para. 48C added (13.1.1997) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1996 (S.I. 1996/3196), regs. 1(1), 14
Words in Sch. 2 para. 48C inserted (W.) (1.11.2004) by The Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2004 (S.I. 2004/1748), reg. 1(b), Sch. 2 para. 2
Words in Sch. 2 para. 48C inserted (E.) (8.4.2003) by The Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2003 (S.I. 2003/762), regs. 1(1), 11(2), Sch. 2
Sch. 2 para. 48D inserted (6.4.2003) by The Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/328), regs. 1(3)(d), 6(7)(b)
Sch. 2 para. 48E substituted (5.11.2003) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2003 (S.I. 2003/2779), regs. 1, 4(7)(c)
Sch. 2 para. 48F added (5.11.2003) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2003 (S.I. 2003/2779), regs. 1, 4(7)(d)
Words in Sch. 2 para. 49 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(6)(7)(c)
S.I. 1988/536; the relevant amending instrument is S.I. 1990/3.
1973 c.50; section 2 was substituted by section 25(1) of the Employment Act 1988 (c.19).
1976 c.36. Section 57A was inserted by paragraph 25 of Schedule 10 to the Children Act 1989 (c.41). The Adoption Allowance Regulations 1991 (S.I. 1991/2030) and the Adoption Allowance (Amendment) Regulations 1991(S.I. 1991/2130) have been made.
1980 c.44; section 49 was amended by the Self Governing Schools (Scotland) Act 1989 (c.39), Schedule 10.
Paragraph 39 was substituted by S.I. 1991/1175.
1865 c.73. Copies of the Order are available from the Ministry of Defence, NPC2, Room 317, Archway Block South, Old Admiralty Buildings, Spring Gardens, London SW1A 2BE.
Army Code No. 13045 published by HMSO.
1917 c.51. Queen's Regulations for the Royal Air Force are available from HMSO.
1980 c.9. Copies of the Regulations are available from the Ministry of Defence, NPC2, Room 317, Archway Block South, Old Admiralty Building, Spring Gardens, London SW1A 2BE.
Army Code No. 60589 published by HMSO.
Regulations 7(2) and 8
The amounts referred to in this Schedule are to be disregarded when calculating or estimating N and M (parent’s net income).
An amount in respect of income tax applicable to the income in question where not otherwise allowed for under these Regulations.
Where a payment is made in a currency other than sterling, an amount equal to any banking charge or commission payable in converting that payment to sterling.
Any amount payable in a country outside the United Kingdom where there is a prohibition against the transfer to the United Kingdom of that amount.
Any compensation for personal injury and any payments from a trust fund set up for that purpose.
Any advance of earnings or any loan made by an employer to an employee.
Any payment by way of, or any reduction or discharge of liability resulting from entitlement to, housing benefit or council tax benefit.
Any disability living allowance, mobility supplement or any payment intended to compensate for the non-payment of any such allowance or supplement.
Any payment which is—
an attendance allowance under section 64 of the Contributions and Benefits Act;
an increase of disablement pension under section 104 or 105 of that Act (increases where constant attendance needed or for exceptionally severe disablement);
a payment made under regulations made in exercise of the power conferred by Schedule 8 to that Act (payments for pre-1948 cases);
an increase of an allowance payable in respect of constant attendance under that Schedule;
payable by virtue of articles 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983
a payment based on the need for attendance which is paid as part of a war disablement pension.
Any payment under section 148 of the Contributions and Benefits Act (pensioners’ Christmas bonus).
Any social fund payment within the meaning of Part VIII of the Contributions and Benefits Act.
Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.
Any payment made by the Secretary of State to compensate for loss of housing benefit supplement under regulation 19 of the Supplementary Benefit (Requirements) Regulations 1983
Any payment made by the Secretary of State to compensate a person who was entitled to supplementary benefit in respect of a period ending immediately before 11th April 1988 but who did not become entitled to income support in respect of a period beginning with that day.
Any concessionary payment made to compensate for the non-payment of income support
Any payments of child benefit to the extent that they do not exceed the basic rate of that benefit as defined in regulation 4.
Any payment made under regulations 9 to 11 or 13 of the Welfare Food Regulations 1988
Subject to paragraph 20 and to the extent that it does not exceed £10·00—
war disablement pension or war widow’s pension
a pension paid by the government of a country outside Great Britain and which either—
is analogous to a war disablement pension; or
is analogous to a war widow’s pension
Subject to paragraph 20, and to the extent that it does not exceed £10.00, a payment made in respect of a parent under a scheme mentioned in section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004 (compensation schemes for armed and reserve forces).
Except where sub-paragraph (2) applies and subject to sub-paragraph (3) and paragraphs 20, 38 and 47,
Subject to sub-paragraph (3) and paragraphs 38 and 47, any charitable or voluntary payment made or due to be made at regular intervals which is intended and used for an item other than food, ordinary clothing or footwear, gas, electricity or fuel charges, housing costs of any member of the family or the payment of council tax.
Sub-paragraphs (1) and (2) shall not apply to a payment which is made by a person for the maintenance of any member of his family or of his former partner or of his children.
For the purposes of sub-paragraph (1) where a number of charitable or voluntary payments fall to be taken into account they shall be treated as though they were one such payment.
Where, but for this paragraph, more than
Where any payment which is due to be paid in one week is paid in another week, sub-paragraph (1) and paragraphs
In the case of a person participating in arrangements for training made under section 2 of the Employment and Training Act 1973
any travelling expenses reimbursed to the person;
any living away from home allowance under section 2(2)(d) of the 1973 Act or section 2(4)(c) of the 1990 Act;
any training premium,
but this paragraph, except in so far as it relates to a payment mentioned in sub-paragraph (a), (b) or (c), does not apply to any part of any allowance under section 2(2)(d) of the 1973 Act or section 2(4)(c) of the 1990 Act.
Where a parent occupies a dwelling as his home and that dwelling is also occupied by a person, other than a non-dependant or a person who is provided with board and lodging accommodation, and that person is contractually liable to make payments in respect of his occupation of the dwelling to the parent, the amount or, as the case may be, the amounts specified in
Where a parent, who is not a self-employed earner, is in receipt of rent or any other money in respect of the use and occupation of property other than his home, that rent or other payment to the extent of any sums which that parent is liable to pay by way of—
payments which are to be taken into account as eligible housing costs under sub- paragraphs (b), (c), (d) and (t) of paragraph 1 of Schedule 3 (eligible housing costs for the purposes of determining exempt income and protected income) and paragraph 3 of that Schedule (exempt income: additional provisions relating to eligible housing costs);
council tax payable in respect of that property;
water and sewerage charges payable in respect of that property.
£20.00 of any payment for that accommodation made by
where any such payment exceeds £20.00, 50 per centum of the excess.
Any payment made to a person in respect of an adopted child who is a member of his family that is made in accordance with any regulations made under section 57A or pursuant to section 57A(6) of the Adoption Act 1976
where the child is not a child in respect of whom child support maintenance is being assessed, to the extent that it exceeds
in any other case, to the extent that it does not exceed the amount of the income of a child which is treated as that of his parent by virtue of Part IV
Any payment made to a person in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services) in respect of a child who is a member of his family.
Where a local authority makes a payment in respect of the accommodation and maintenance of a child in pursuance of paragraph 15 of Schedule 1 to the Children Act 1989
Any payment received under a policy of insurance taken out to insure against the risk of being unable to maintain repayments on a loan taken out to acquire an interest in, or to meet the cost of repairs or improvements to, the parent’s home and used to meet such repayments, to the extent that the payment received under that policy exceeds
In the calculation of the income of the parent with care, any maintenance payments made by the absent parent in respect of his qualifying child.
Any payment made by a local authority to a person who is caring for a child under section 23(2)(a) of the Children Act 1989 (provision of accommodation and maintenance by a local authority for children whom the authority is looking after) or, as the case may be, section 21 of the Social Work (Scotland) Act 1968
Any payment made by a health authority
Any payment made by a local authority under section 17 or 24 of the Children Act 1989 or, as the case may be, section 12, 24 or 26 of the Social Work (Scotland) Act 1968 (local authorities’ duty to promote welfare of children and powers to grant financial assistance to persons looked after, or in, or formerly in, their care).
Any resettlement benefit which is paid to the parent by virtue of regulation 3 of the Social Security (Hospital In-Patients) Amendment (No. 2) Regulations 1987
Any payment or repayment made—
as respects England and Wales, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988
as respects Scotland, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988
Any payment or repayment made by the Secretary of State for Health, the Secretary of State for Scotland or the Secretary of State for Wales which is analogous to a payment or repayment mentioned in sub-paragraph (1).
Any payment made (other than a training allowance), whether by the Secretary of State or any other person, under the Disabled Persons Employment Act 1944
Any contribution to the expenses of maintaining a household which is made by a non-dependant member of that household.
Any sum in respect of a course of study attended by a child payable by virtue of regulations made under section 81 of the Education Act 1944
Any sum in respect of financial assistance given, or given under arrangements made, by the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) under section 14 of the Education Act 2002 (power of Secretary of State and National Assembly for Wales to give financial assistance for purposes related to education), to a child.
Where a person receives income under an annuity purchased with a loan which satisfies the following conditions—
that loan was made as part of a scheme under which not less than 90 per centum of the proceeds of the loan were applied to the purchase by the person to whom it was made of an annuity ending with his life or with the life of the survivor of two or more persons (in this paragraph referred to as “the annuitants") who include the person to whom the loan was made;
that the interest on the loan is payable by the person to whom it was made or by one of the annuitants;
that at the time the loan was made the person to whom it was made or each of the annuitants had attained the age of 65;
that the loan was secured on a dwelling in Great Britain and the person to whom the loan was made or one of the annuitants owns an estate or interest in that dwelling; and
that the person to whom the loan was made or one of the annuitants occupies the dwelling on which it was secured as his home at the time the interest is paid,
the amount, calculated on a weekly basis equal to—
where, or insofar as, section 26 of the Finance Act 1982
in any other case the interest which is payable on the loan without deduction of such a sum.
Any payment of the description specified in paragraph 39 of Schedule 9 to the Income Support Regulations
Any payment made to a juror or witness in respect of attendance at court other than compensation for loss of earnings or for loss of a benefit payable under the Contributions and Benefits Act
Any special war widows’ payment made under—
the Naval and Marine Pay and Pensions (Special War Widows Payment) Order 1990 made under section 3 of the Naval and Marine Pay and Pensions Act 1865
the Royal Warrant dated 19th February 1990 amending the Schedule to the Army Pensions Warrant 1977
the Queen’s Order dated 26th February 1990 made under section 2 of the Air Force (Constitution) Act 1917
the Home Guard War Widows Special Payments Regulations 1990 made undersection 151 of the Reserve Forces Act 1980
the Orders dated 19th February 1990 amending Orders made on 12th December 1980 concerning the Ulster Defence Regiment made in each case under section 140 of the Reserve Forces Act 1980
and any analogous payment by the Secretary of State for Defence to any person who is not a person entitled under the provisions mentioned in sub-paragraphs (a) to (e).
Any payment to a person as holder of the Victoria Cross or the George Cross or any analogous payment.
Any payment made either by the Secretary of State for the Home Department or by the Secretary of State for Scotland under a scheme established to assist relatives and other persons to visit persons in custody.
Any amount by way of a refund of income tax deducted from profits or emoluments chargeable to income tax under Schedule D or Schedule E.
Maintenance payments (whether paid under the Act or otherwise) insofar as they are not treated as income under Part III or IV
Where following a divorce or separation—
capital is divided between the parent and the person who was his partner before the divorce or separation; and
that capital is intended to be used to acquire a new home for that parent or to acquire furnishings for a home of his,
income derived from the investment of that capital for one year following the date on which that capital became available to the parent.
Except in the case of a self-employed earner, payments in kind.
Any payment made by the Joseph Rowntree Memorial Trust from money provided to it by the Secretary of State for Health for the purpose of maintaining a family fund for the benefit of severely handicapped children.
Any payment of expenses to a person who is—
engaged by a charitable or voluntary body; or
a volunteer,
if he otherwise derives no remuneration or profit from the body or person paying those expenses.
Any guardian’s allowance under Part III of the Contributions and Benefits Act.
Any payment in respect of duties mentioned in paragraph 1(1)(i) of Chapter 1 of Part I of Schedule 1 relating to a period of one year or more.
Any payment to a person under section 1 of the Community Care (Direct Payments) Act 1996 or section 12B of the Social Work (Scotland) Act 1968
Any payment of child tax credit.
Any payment made by a local authority, or by the National Assembly for Wales, to a person relating to a service which is provided to develop or sustain the capacity of that person to live independently in his accommodation.
Any supplementary pension under article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (pensions to widows and widowers) or under article 27(3) of the Personal Injuries (Civilians) Scheme 1983 (pensions to widows and widowers).
In this Schedule—
“concessionary payment" means a payment made under arrangements made by the Secretary of State with the consent of the Treasury which is charged either to the National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit under the Contributions and Benefits Act
“health authority" means a health authority established under the National Health Service Act 1977
“mobility supplement" has the same meaning as in regulation 2(1) of the Income Support Regulations;
“war disablement pension" and “war widow" have the same meanings as in section 150(2) of the Contributions and Benefits Act.