PART 4THE MAINTENANCE CALCULATION RULES
CHAPTER 2RATES OF CHILD SUPPORT MAINTENANCE
Reduced RateI143
The reduced rate is an amount calculated as follows—
where—
F is the flat rate liability applicable to the non-resident parent;
A is the amount of the non-resident parent's gross weekly income between £100 and £200; and
T is the percentage determined in accordance with the following Table—
F6Number of relevant other children of the non-resident parent | T (%) | |
1 qualifying child of the non-resident parent | 0 | 17.0 |
1 | 14.1 | |
2 | 13.2 | |
3 or more | 12.4 | |
2 qualifying children of the non-resident parent | 0 | 25.0 |
1 | 21.2 | |
2 | 19.9 | |
3 or more | 18.9 | |
3 or more qualifying children of the non-resident parent | 0 | 31.0 |
1 | 26.4 | |
2 | 24.9 | |
3 or more | 23.8 |
Flat RateI244
1
The following benefits, pensions or allowances are prescribed for the purposes of paragraph 4(1)(b) of Schedule 1 to the 1991 Act M1 (that is the benefits, pensions or allowances that qualify the non-resident parent for the flat rate)—
a
under the Social Security Contributions and Benefits Act 1992 M2—
F10i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ii
category A retirement pension under section 44 M3,
iii
category B retirement pension under section 48C M4,
iv
category C and category D retirement pension under section 78 M5,
v
incapacity benefit under section 30A M6,
vi
carer's allowance under section 70 M7,
viii
severe disablement allowance under section 68 M9,
ix
industrial injuries benefit under section 94,
x
widowed mother's allowance under section 37 M10,
xi
widowed parent's allowance under section 39A M11, and
xii
widow's pension under section 38 M12;
b
contribution-based jobseeker's allowance under the Jobseekers Act 1995 M13;
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);
e
a war disablement pension within the meaning of section 150(2) of the Social Security Contributions and Benefits Act 1992 M14 or a pension which is analogous to such a pension paid by the government of a country outside Great Britain;
f
a war widow's pension, war widower's pension or surviving civil partner's war pension within the meaning of that section M15;
g
h
contributory employment and support allowanceF9; and
i
a state pension under Part 1 of the Pensions Act 2014.
2
The following benefits are prescribed for the purposes of paragraph 4(1)(c) of Schedule 1 to the 1991 Act (that is the benefits that qualify the non-resident parent for the flat rate if received by the non-resident parent or their partner)—
a
income support;
b
income-based jobseeker's allowance;
c
income-related employment and support allowance; F1...
d
state pension credit; F2and
F2e
universal credit under Part 1 of the Welfare Reform Act 2012, where the award of universal credit is calculated on the basis that the non-resident parent does not have any earned income
3
Where the conditions referred to in paragraph 4(2) of Schedule 1 to the 1991 Act are satisfied (that is where an income-related benefit is payable to the non-resident parent or their partner and a maintenance calculation is in force in respect of each of them) the flat rate of maintenance payable is half the flat rate that would otherwise apply.
4
F35
For the purposes of paragraph (2)(e) and regulation 45(1)(c), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.
Nil rateI345
1
The nil rate is payable where the non-resident parent is—
a
a child;
b
a prisoner or a person serving a sentence of imprisonment detained in hospital;
c
a person who is 16 or 17 years old and—
i
in receipt of income support, income-based jobseeker's allowance or income-related employment and support allowance, F4...
ii
a member of a couple whose partner is in receipt of income support, income-based jobseeker's allowance or income-related employment and support allowance;
F5iii
in receipt of universal credit under Part 1 of the Welfare Reform Act 2012, where the award of universal credit is calculated on the basis that they do not have any earned income; or
iv
in a case not covered by paragraph (iii), a member of a couple where their partner is in receipt of universal credit under Part 1 of the Welfare Reform Act 2012 and the award of universal credit is calculated on the basis that the non-resident parent does not have any earned income
d
a person receiving an allowance in respect of work-based training for young people, or in Scotland, Skillseekers training; or
e
a person who is resident in a care home or an independent hospital or is being provided with a care home service or an independent health care service who—
i
is in receipt of a pension, benefit or allowance specified in regulation 44(1) or (2) (flat rate), or
ii
has the whole or part of the cost of their accommodation met by a local authority.
2
For the purposes only of determining whether paragraph 5(b) of Schedule 1 to the 1991 Act M19 applies (nil rate payable where non-resident parent has gross weekly income of below the flat rate that is referred to in, or prescribed for the purposes of, paragraph 4(1) of Schedule 1 to the 1991 Act), the gross weekly income of the non-resident parent is to include any payments made by way of benefits, pensions or allowances referred to in regulation 44(1) or (2).
3
In paragraph (1)—
“independent hospital” and “care home” have the meaning given by sections 2 and 3 of the Care Standards Act 2000 M20 respectively;
“care home service” has the meaning given by paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 M21 and “independent health care service” has the meaning given by section 10F(1)(a) and (b) of the National Health Service (Scotland) Act 1978 M22;
“person serving a sentence of imprisonment detained in hospital” means a person who—
- a
is being detained—
- b
is being detained under—
- a
“prisoner” means a person who—
other than a person who is detained in hospital under the provisions of the Mental Health Act 1983 or, in Scotland, the Mental Health (Care and Treatment)(Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995.
Decrease for shared careI446
1
This regulation and regulation 47 apply where the Secretary of State determines the number of nights which count for the purposes of the decrease in the amount of child support maintenance under paragraphs 7 and 8 of Schedule 1 to the 1991 Act M29.
2
Subject to paragraph (3), the determination is to be based on the number of nights for which the non-resident parent is expected to have the care of the qualifying child overnight during the 12 months beginning with the effective date of the relevant calculation decision.
3
The Secretary of State may have regard to a period of less than 12 months where the Secretary of State considers a shorter period is appropriate (for example where the parties have an agreement in relation to a shorter period) and, if the Secretary of State does so, paragraphs 7(3) and 8(2) of Schedule 1 to the 1991 Act are to have effect as if—
a
the period mentioned there were that shorter period; and
b
the number of nights mentioned in the Table in paragraph 7(4), or in paragraph 8(2), of that Schedule were reduced proportionately.
4
When making a determination under paragraphs (1) to (3) the Secretary of State must consider—
a
the terms of any agreement made between the parties or of any court order providing for contact between the non-resident parent and the qualifying child; or
b
if there is no agreement or court order, whether a pattern of shared care has already been established over the past 12 months (or such other period as the Secretary of State considers appropriate in the circumstances of the case).
5
For the purposes of this regulation—
a
a night will count where the non-resident parent has the care of the qualifying child overnight and the child stays at the same address as the non-resident parent;
b
the non-resident parent has the care of the qualifying child when the non-resident parent is looking after the child; and
c
where, on a particular night, a child is a boarder at a boarding school, or an in-patient in a hospital, the person who would, but for those circumstances, have the care of the child for that night, shall be treated as having care of the child for that night.
Assumption as to number of nights of shared careI547
1
This regulation applies where the Secretary of State is required to make a determination under regulation 46 for the purposes of a calculation decision.
2
If it appears to the Secretary of State that—
a
the parties agree in principle that the care of a qualifying child is to be shared during the period mentioned in regulation 46(2) or (3) (decrease for shared care); but
b
there is insufficient evidence to make that determination on the basis set out in regulation 46(4) (for example because the parties have not yet agreed the pattern or frequency or the evidence as to a past pattern is disputed),
the Secretary of State may make the decision on the basis of an assumption that the non-resident parent is to have the care of the child overnight for one night per week.
3
Where the Secretary of State makes a decision under paragraph (2) the assumption applies until an application is made under section 17 of the 1991 Act for a supersession of that decision and the evidence provided is sufficient to enable a determination to be made on the basis set out in regulation 46(4).
Non-resident parent party to another maintenance arrangementI648
1
An agreement described in paragraph (2) is an agreement of a prescribed description for the purposes of paragraph 5A(6)(b) of Schedule 1 to the 1991 Act M30 (that is an agreement which is a qualifying maintenance arrangement for the purposes of that paragraph).
2
The agreement may be oral or written and must satisfy the following conditions—
a
it must relate to a child of the non-resident parent who is habitually resident in the UK;
b
it must be between the non-resident parent and a person with whom the child has their home (but not in the same household as the non-resident parent) and who usually provides day to day care for that child; and
c
it must provide for the non-resident parent to make regular payments for the benefit of the child.
3
The payments mentioned in paragraph (2)(c) may include payments made by the non-resident parent direct to the person mentioned in paragraph (2)(b) or payments to other persons.