The Child Support and Claims and Payments (Miscellaneous Amendments and Change to the Minimum Amount of Liability) Regulations 2013
Citation and commencement1.
(1)
These Regulations may be cited as the Child Support and Claims and Payments (Miscellaneous Amendments and Change to the Minimum Amount of Liability) Regulations 2013.
(2)
(3)
In paragraph (2), “a case to which the new calculation rules apply” means a case in which liability to pay child support maintenance is calculated in accordance with Part 1 of Schedule 1 to the Child Support Act 1991 as amended by paragraph 2 of Schedule 4 to the Child Maintenance and Other Payments Act 2008.
Amendment to Schedule 1 to the Child Support Act 19912.
Amendment to the Social Security (Claims and Payments) Regulations 19873.
(a)
for “£5” substitute “the flat rate of maintenance”; and
(b)
Amendment to the Child Support Information Regulations 20084.
Amendment to the Child Support Maintenance Calculation Regulations 20125.
(1)
The Child Support Maintenance Calculation Regulations 2012 are amended as follows.
(2)
“Number of relevant other children of the non-resident parent
T (%)
1 qualifying child of the non-resident parent
0
17.0
14.1
13.2
12.4
1
2
3 or more
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”
(3)
In regulation 69 (non-resident parent with unearned income)—
(a)
“or
(c)
the Secretary of State is unable, for whatever reason, to request or obtain the information from HMRC,”;
(b)
“(8)
Subject to paragraph (9), where the non-resident parent makes relievable pension contributions, which have not been otherwise taken into account for the purposes of the maintenance calculation, there is to be deducted from the additional weekly income calculated in accordance with paragraph (7) an amount determined by the Secretary of State as representing the weekly average of those contributions.
(9)
An amount must only be deducted in accordance with paragraph (8) where the relievable pension contributions referred to in that paragraph relate to the same tax year that has been used for the purposes of determining the additional weekly income.”.
(4)
In paragraph (1)(c) of regulation 70 (non-resident parent on a flat or nil rate with gross weekly income), omit “equal to or”.
(5)
“(1A)
Where the application of a variation agreed to (or of the aggregate of variations agreed to) would decrease the amount of child support maintenance payable by the non-resident parent to less than the figure equivalent to the flat rate referred to in paragraph 4(1) of Schedule 1 to the 1991 Act (or in that sub-paragraph as modified by regulations under paragraph 10A of that Schedule), the non-resident parent is instead liable to pay child support maintenance at a rate equivalent to that flat rate apportioned if appropriate as provided in paragraph 6 of Schedule 1 to that Act.”.
Signed by the authority of the Secretary of State for Work and Pensions.
These Regulations make a consequential amendment to Schedule 1 to the Child Support Act 1991 (c. 48) (“the 1991 Act”) arising from the increase to the flat rate of child support maintenance from £5 to £7 for cases in which liability for child support maintenance is calculated under Part 1 of Schedule 1 to the 1991 Act as amended by paragraph 2 of Schedule 4 to the Child Maintenance and Other Payments Act 2008 (c. 6) (the “2012 scheme rules”). The flat rate of child support maintenance was increased from £5 to £7 by paragraph 4 of Schedule 4 and paragraph 1(28) of Schedule 7 to the Child Maintenance and Other Payments Act 2008for cases subject to the 2012 scheme rules. These Regulations also make other consequential amendments to certain secondary legislation as a result of the increase to the flat rate for those cases and make miscellaneous amendments to the Child Support Maintenance Calculation Regulations (S.I. 2012/2677) (“the 2012 Regulations”) in relation to the reduced rate of child support maintenance and in relation to variations. The reduced rate of child support maintenance is payable if neither the flat or nil rate applies and the non-resident parent has income of less than £200 but more than £100. Variations allow for deviations from the usual rules for calculating maintenance in certain limited circumstances.
Regulation 5 amends provisions of the 2012 Regulations as they relate to the reduced rate provisions and variations. Paragraph (2) substitutes the table contained in regulation 43 concerning the calculation of the reduced rate of child support maintenance as a consequence of the increase to the flat rate from £5 to £7. Paragraph (3)(a) amends regulation 69 so that, in cases where the Secretary of State is unable to request or obtain information from HMRC, the Secretary of State can determine the amount of the non-resident parent’s unearned income by reference to the most recent tax year, based, as far as possible, on information that would be required to be provided in a self-assessment tax return. Paragraph (3)(b) amends regulation 69 so that relievable pension contributions can be taken account of for the purposes of calculating unearned income. Paragraph (4) amends regulation 70 so that a case can be subject to a variation in circumstances where the nil rate or the flat rate apply and the non-resident parent has a gross weekly income of more than £100 per week. Paragraph (5) amends regulation 74 so that, where the application of a variation would otherwise decrease the amount payable to less than the flat rate, the non-resident parent will be liable to pay child support maintenance at a rate equal to the flat rate.
A full impact assessment has not been published for this instrument as it has no impact on the private sector or civil society organisations.