The Child Support (Maintenance Calculation Procedure) Regulations 2000

No maintenance calculation in force: applications by different persons for a maintenance calculation E+W+S

3.—(1) Where the Secretary of State receives more than one effective application for a maintenance calculation with respect to the same person with care and non-resident parent, he shall, if no maintenance calculation has been made in relation to any of the applications, determine which application he shall proceed with in accordance with sub-paragraphs (2) to (11).

(2) Where an application by a person with care is made under section 4 of the Act or is treated as made under section 6 of the Act, and an application is made by a non-resident parent under section 4 of the Act, the Secretary of State shall proceed with the application of the person with care.

(3) Where there is an application for a maintenance calculation by a qualifying child under section 7 of the Act and a subsequent application is made with respect to that child by a person who is, with respect to that child, a person with care or a non-resident parent, the Secretary of State shall proceed with the application of that person with care or non-resident parent, as the case may be.

(4) Where, in a case falling within sub-paragraph (3), there is made more than one subsequent application, the Secretary of State shall apply the provisions of sub-paragraphs (2), (7), (8), or (10), as is appropriate in the circumstances of the case, to determine which application he shall proceed with.

(5) Where there is an application for a maintenance calculation by more than one qualifying child under section 7 of the Act in relation to the same person with care and non-resident parent, the Secretary of State shall proceed with the application of the elder or, as the case may be, eldest of the qualifying children.

(6) Where there are two non-resident parents in respect of the same qualifying child and an effective application is received from each such person, the Secretary of State shall proceed with both applications, treating them as a single application for a maintenance calculation.

(7) Where an application is treated as having been made by a parent with care under section 6 of the Act and there is an application under section 4 of the Act by another person with care who has parental responsibility for (or, in Scotland, parental rights over) the qualifying child or qualifying children with respect to whom the application under section 6 of the Act was treated as made, the Secretary of State shall proceed with the application under section 6 of the Act by the parent with care.

(8) Where—

(a) more than one person with care makes an application for a maintenance calculation under section 4 of the Act in respect of the same qualifying child or qualifying children (whether or not any of those applications is also in respect of other qualifying children);

(b) each such person has parental responsibility for (or, in Scotland, parental rights over) that child or children; and

(c) under the provisions of regulation 8 of the Maintenance Calculations and Special Cases Regulations one of those persons is to be treated as a non-resident parent,

the Secretary of State shall proceed with the application of the person who does not fall to be treated as a non-resident parent under the provisions of regulation 8 of those Regulations.

(9) Where, in a case falling within sub-paragraph (8), there is more than one person who does not fall to be treated as a non-resident parent under the provisions of regulation 8 of those Regulations, the Secretary of State shall apply the provisions of paragraph (10) to determine which application he shall proceed with.

(10) Where—

(a) more than one person with care makes an application for a maintenance calculation under section 4 of the Act in respect of the same qualifying child or qualifying children (whether or not any of those applications is also in respect of other qualifying children); and

(b) either—

(i) none of those persons has parental responsibility for (or, in Scotland, parental rights over) that child or children; or

(ii) the case falls within sub-paragraph (8)(b) but the Secretary of State has not been able to determine which application he is to proceed with under the provisions of sub-paragraph (8),

the Secretary of State shall proceed with the application of the principal provider of day to day care, as determined in accordance with sub-paragraph (11).

(11) Where—

(a) the applications are in respect of one qualifying child, the application of that person with care to whom child benefit is paid in respect of that child;

(b) the applications are in respect of more than one qualifying child, the application of that person with care to whom child benefit is paid in respect of those children;

(c) the Secretary of State cannot determine which application he is to proceed with under head (a) or (b) the application of that applicant who in the opinion of the Secretary of State is the principal provider of day to day care for the child or children in question.

(12) Subject to sub-paragraph (13), where, in any case falling within sub-paragraphs (2) to (10), the applications are not in respect of identical qualifying children, the application that the Secretary of State is to proceed with as determined by those sub-paragraphs shall be treated as an application with respect to all of the qualifying children with respect to whom the applications were made.

(13) Where the Secretary of State is satisfied that the same person with care does not provide the principal day to day care for all of the qualifying children with respect to whom an application would but for the provisions of this paragraph be made under sub-paragraph (12), he shall make separate maintenance calculations in relation to each person with care providing such principal day to day care.

(14) For the purposes of this paragraph “day to day care” has the same meaning as in the Maintenance Calculations and Special Cases Regulations.