Prescribed circumstancesE+W+S
7.—(1) This regulation applies where an application for a variation is made under [F1section 28A or 28G] of the Act and—
(a)the application is made by a relevant person and a circumstance set out in paragraph (2) applies at the relevant date;
(b)the application is made by a non-resident parent and a circumstance set out in paragraph (3) or (4) applies at the relevant date;
(c)the application is made by a person with care, or a child to whom section 7 of the Act applies, on a ground in paragraph 4 of Schedule 4B to the Act (additional cases) and a circumstance set out in paragraph (5) applies at the relevant date; or
(d)the application is made by a non-resident parent on a ground in paragraph 2 of Schedule 4B to the Act (special expenses) and a circumstance set out in paragraph (6) applies at the relevant date.
(2) The circumstances for the purposes of this paragraph are that—
(a)a default maintenance decision is in force with respect to the non-resident parent;
(b)the non-resident parent is liable to pay the flat rate of child support maintenance owing to the application of paragraph 4(1)(c) of Schedule 1 to the Act, or would be so liable but is liable to pay less than that amount, or nil, owing to the application of paragraph 8 of Schedule 1 to the Act, or the Transitional Regulations; or
(c)the non-resident parent is liable to pay child support maintenance at a flat rate of a prescribed amount owing to the application of paragraph 4(2) of Schedule 1 to the Act, or would be so liable but is liable to pay less than that amount, or nil, owing to the application of paragraph 8 of Schedule 1 to the Act, or the Transitional Regulations.
(3) The circumstances for the purposes of this paragraph are that the non-resident parent is liable to pay child support maintenance—
(a)at the nil rate owing to the application of paragraph 5 of Schedule 1 to the Act;
(b)at a flat rate owing to the application of paragraph 4(1)(a) of Schedule 1 to the Act, including where the net weekly income of the non-resident parent which is taken into account for the purposes of a maintenance calculation in force in respect of him is £100 per week or less owing to a variation being taken into account or to the application of regulation 18, 19 or 21 of the Transitional Regulations (reduction for relevant departure direction or relevant property transfer); or
(c)at a flat rate owing to the application of paragraph 4(1)(b) of Schedule 1 to the Act, or would be so liable but is liable to pay less than that amount, or nil, owing to the application of paragraph 8 of Schedule 1 to the Act, or the Transitional Regulations.
(4) The circumstances for the purposes of this paragraph are that the non-resident parent is liable to pay an amount of child support maintenance at a rate—
(a)of £5 per week or such other amount as may be prescribed owing to the application of paragraph 7(7) of Schedule 1 to the Act (shared care); or
(b)equivalent to the flat rate provided for in, or prescribed for the purposes of, paragraph 4(1)(b) of Part 1 of Schedule 1 to the Act owing to the application of—
(i)regulation 27(5);
(ii)regulation 9 of the Maintenance Calculations and Special Cases Regulations (care provided in part by a local authority); or
(iii)regulation 23(5) of the Transitional Regulations.
(5) The circumstances for the purposes of this paragraph are that—
(a)the amount of the net weekly income of the non-resident parent to which the Secretary of State had regard when making the maintenance calculation was the capped amount; or
(b)the non-resident parent or a partner of his is in receipt of [F2working tax credit under section 10 of the Tax Credits Act 2002] F3....
(6) The circumstances for the purposes of this paragraph are that the amount of the net weekly income of the non-resident parent to which the Secretary of State would have regard after deducting the amount of the special expenses would exceed the capped amount.
(7) For the purposes of paragraph (1), the “relevant date” means the date from which, if the variation were agreed [F4and the application had been made under section 28G of the Act], the decision under section 16 or 17 of the Act, as the case may be, would take effect [F5and if the variation were agreed, and the application had been made under section 28A of the Act, the decision under section 11 of the Act would take effect].
Textual Amendments
F1Words in reg. 7(1) substituted (30.4.2002) by The Child Support (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1204), regs. 3(a), 9(2)(a)
F2Words in reg. 7(5)(b) substituted (6.4.2003) by The Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/328), regs. 1(3)(d), 10
F3Words in reg. 7(5)(b) omitted (16.9.2004) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/2415), regs. 1(2)(a), 9(3)
F4Words in reg. 7(7) inserted (30.4.2002) by virtue ofThe Child Support (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1204), regs. 3(a), 9(2)(b)(i)
F5Words in reg. 7(7) inserted (30.4.2002) by virtue ofThe Child Support (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1204), regs. 3(a), 9(2)(b)(ii)
Commencement Information
I1Reg. 7 partly in force; reg. 7 not in force at made date; reg. 7 in force at 3.3.2003 for certain purposes, see reg. 1(1) and S.I. 2003/192