The Child Support (Maintenance Calculations and Special Cases) Regulations 2000

Flat rate E+W+S

4.—(1) The following benefits, pensions and allowances are prescribed for the purposes of paragraph 4(1)(b) of Schedule 1 to the Act—

(a) under the Contributions and Benefits Act—

(i) bereavement allowance under section 39B M1 ;

(ii) category A retirement pension under section 44 M2 ;

(iii) category B retirement pension under section 48C M3 ;

(iv) category C and category D retirement pensions under section 78 M4 ;

(v) incapacity benefit under section 30A M5 ;

(vi) invalid care allowance under section 70;

(vii) maternity allowance under section 35 M6 ;

(viii) severe disablement allowance under section 68 M7 ;

(ix) industrial injuries benefit under section 94;

(x) widowed mother’s allowance under section 37;

(xi) widowed parent’s allowance under section 39A; and

(xii) widow’s pension under section 38;

(b) contribution-based jobseeker’s allowance under section 1 of the Jobseekers Act;

(c) a social security benefit paid by a country other than the United Kingdom;

(d) a training allowance (other than work-based training for young people or, in Scotland, Skillseekers training); and

(e) a war disablement pension or war widow’s pension within the meaning of section 150(2) of the Contributions and Benefits Act M8 or a pension which is analogous to such a pension paid by the government of a country outside Great Britain.

(2) The benefits prescribed for the purposes of paragraph 4(1)(c) of Schedule 1 to the Act are—

(a) income support under section 124 of the Contributions and Benefits Act; and

(b) income-based jobseeker’s allowance under section 1 of the Jobseekers Act.

(3) Where the non-resident parent is liable to a pay a flat rate by virtue of paragraph 4(2) of Schedule 1 to the Act—

(a) if he has one partner, then the amount payable by the non-resident parent shall be half the flat rate; and

(b) if he has more than one partner, then the amount payable by the non-resident parent shall be the result of apportioning the flat rate equally among him and his partners.

Commencement Information

I1 Reg. 4 coming in force into accordance with {reg. 1(4)(5)}

Marginal Citations

M1 Sections 39A and 39B were inserted by section 55 of the Welfare Reform and Pensions Act 1999 (c. 30).

M2 Section 44 was amended by paragraph 32 of Schedule 8 to the Pension Schemes Act 1993 (c. 48), sections 1–3, 5, 6, 8–10 of and Schedule 1 to, the Social Security (Incapacity for Work) Act 1994 (c. 18), sections 127–134 of, and Schedules 1 and 2 to, the Pensions Act 1995 (c. 26) and by sections 30(2) and 35(5)–(7) of the Child Support, Pensions and Social Security Act 2000. Section 44(4) was substituted by section 68 of the Social Security Act 1998 (c. 47).

M3 Section 48C was inserted by paragraph 7 of Schedule 8 to the Welfare Reform and Pensions Act 1999.

M4 Section 78 was amended by section 127–134 of, and Schedules 4 and 5 to, the Pensions Act 1995.

M5 Section 30A was inserted by section 1(1) of the Social Security (Incapacity for Work) Act 1994.

M6 Section 35 was amended by section 67 of the Social Security Act 1988, section 2 of the Still-Birth Definition Act 1992 (c. 29) and by section 53 of the Welfare Reform and Pensions Act 1999. Sections 35(1) and (1A) were substituted by section 53 of the Welfare Reform and Pensions Act 1999.

M7 Section 68 is prospectively repealed with savings by section 65 of, and Part IV of Schedule 13 to, the Welfare Reform and Pensions Act 1999.

M8 Section 150(2) was amended by section 132 of, and paragraph 13 of Schedule 4 to, the Pensions Act 1995.