The Child Support Maintenance Calculation Regulations 2012

Nil rate E+W+S

45.—(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, F1 ...

(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;

[F2 (iii) 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 M1 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)—

• [F3 “care home” in England has the meaning given by section 3 of the Care Standards Act 2000;]

• “care home service” [F4 in Wales means a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 which is provided wholly or mainly to persons aged 18 or over and in Scotland] has the meaning given by paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 M2 and “independent health care service” has the meaning given by section 10F(1)(a) and (b) of the National Health Service (Scotland) Act 1978M3 ;

• [F5 “independent hospital” has the meaning given by section 2 of the Care Standards Act 2000;]

• “person serving a sentence of imprisonment detained in hospital” means a person who—

  (a)

  is being detained—

  (i)

  under section 45A or 47 of the Mental Health Act 1983 M4 ; and

  (ii)

  before the day which the Secretary of State certifies to be that person's release date within the meaning of section 50(3) of that Act M5 (in any case where there is such a release date); or

  (b)

  is being detained under—

  (i)

  section 59A of the Criminal Procedure (Scotland) Act 1995 M6 ; or

  (ii)

  section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 M7 ;

• “prisoner” means a person who—

  (c)

  is detained in custody pending trial or sentence upon conviction or under sentence imposed by a court; or

  (d)

  is on temporary release in accordance with the provisions of the Prison Act 1952 M8 or the Prisons (Scotland) Act 1989 M9 ,

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.

Textual Amendments

F1 Word in Pt. 4 reg. 45(1)(c) omitted (29.4.2013) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 44(4)

F2 Pt. 4 reg. 45(1)(c)(iii)(iv) and semi-colon inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 44(4)

F3 Words in Pt. 4 reg. 45(3) substituted (2.4.2018) by The Social Security and Child Support (Regulation and Inspection of Social Care (Wales) Act 2016) (Consequential Provision) Regulations 2018 (S.I. 2018/228), regs. 1, 13(2)(a)

F4 Words in Pt. 4 reg. 45(3) inserted (2.4.2018) by The Social Security and Child Support (Regulation and Inspection of Social Care (Wales) Act 2016) (Consequential Provision) Regulations 2018 (S.I. 2018/228), regs. 1, 13(2)(b)

F5 Words in Pt. 4 reg. 45(3) inserted (2.4.2018) by The Social Security and Child Support (Regulation and Inspection of Social Care (Wales) Act 2016) (Consequential Provision) Regulations 2018 (S.I. 2018/228), regs. 1, 13(2)(c)

Commencement Information

I1 Reg. 45 wholly in force; reg. 45 not in force at made date; reg. 45 in force at 29.7.2013 for certain purposes and reg. 45 in force at 25.11.2013 in so far as not already in force, see reg. 1, SI 2013/1860 and S.I. 2013/2947

Marginal Citations

M1 Paragraph 5 of Schedule 1 was amended by paragraphs 1 and 2 of Schedule 4 to the Child Maintenance and Other Payments Act 2008 (c. 6) (“the 2008 Act”).

M2 2010 asp 8.

M3 1978 c. 29. Section 10F was inserted by section 108 of the Public Services Reform (Scotland) Act 2010 (asp 8).

M4 1983 c. 20. Section 45A was inserted by section 46 of the Crime (Sentences) Act 1997 (c. 43) and amended by sections 304 and 332 of, and paragraphs 37 and 39 of Schedule 32 and Part 7 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44) and sections 1(4), 4(1) and (6), 10(1) and (8) and section 53 of, and paragraphs 1 and 9 of Schedule 1 and Part 1of Schedule 11 to, the Mental Health Act 2007 (c. 12). Section 47 was amended by sections 49(3) and 56(2) of, and Schedule 6 to, the Crime (Sentences) Act 1997 (c. 43), section 58(1) of, and paragraph 18 of Schedule 10 to, the Domestic Violence, Crime and Victims Act 2004 (c. 28), section 378(1) of, and paragraph 97 of Schedule 16 to, the Armed Forces Act 2006 (c. 52) and sections 1(4), 4(1) and (7) and 55 of, and paragraphs 1 and 10 of Schedule 1 and Part 1 of Schedule 11 to, the Mental Health Act 2007.

M5 Section 50(3) was substituted by section 294(1) and (3) of the Criminal Justice Act 2003 (c. 44).

M6 1995 c.46. Section 59A was substituted by paragraph 8(6) of Schedule 4 to the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).

M7 2003 asp 13.

M8 1952 c. 52.

M9 1989 c. 45.