Insertion of regulation 10A into the Maintenance Assessments and Special Cases Regulations11

After regulation 10 of the Maintenance Assessments and Special Cases Regulations, there shall be inserted the following regulation—

Assessable income: family credit or disability working allowance paid to or in respect of a parent with care or an absent parent10A

1

Subject to paragraph (2), where family credit or disability working allowance is paid to or in respect of a parent with care or an absent parent, that parent shall, for the purposes of Schedule 1 to the Act, be taken to have no assessable income.

2

Paragraph (1) shall apply to an absent parent only if—

a

he is also a parent with care; and

b

either—

i

a maintenance assessment in respect of a child in relation to whom he is a parent with care is in force; or

ii

the child support officer is considering an application for such an assessment to be made.