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The Child Support (Maintenance Assessments and Special Cases) Regulations 1992

S.I. 1992/1815 · Made 20 July 1992

Up to date with all changes known to legislation.gov.uk, revised to 1 July 2022.

FAMILY LAW

CHILD SUPPORT

Made 20th July 1992

Coming into force 5th April 1993

F1 Whereas a draft of this instrument was laid before Parliament in accordance with section 52(2) of the Child Support Act 1991 M1 and approved by a resolution of each House of Parliament:

Now, therefore, the Secretary of State for Social Security, in exercise of the powers conferred by sections 42, 43, 51, 52(4) and 54M2 of, and paragraphs 1, 2 and 4 to 9 of Schedule 1 to, the Child Support Act 1991 and of all other powers enabling him in that behalf hereby makes the following Regulations:C1F2C2C3

Annotations to the whole text

Textual amendments

F1

Regulations revoked (coming into force in accordance with reg. 1(4) of the amending S.I.) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 2012 (S.I. 2012/2785), reg. 10(b)

F2

regulations revoked (3.3.2003 for specified purposes) by The Child Support (Maintenance Calculations and Special Cases) Regulations 2000 (S.I. 2001/155), reg. 15(1) (with reg. 15(2)-(4))

Marginal citations

M1

1991 c.48.

M2

Section 54 is cited because of the meaning ascribed to the word “prescribed".

Modifications

C1

Instrument modified (2.4.1999) by The New Deal (25 plus) (Miscellaneous Provisions) Order 1999 (S.I. 1999/779), art. 2, Sch.

C2

Regulations applied (5.10.2009) by The Child Support (Maintenance Assessments and Special Cases) Regulations 1992 (S.I. 2009/1562), reg. 2(1)(c), Sch.

C3

Regulations applied (with modifications) (1.10.2010) by The Child Support (Miscellaneous Amendments) Regulations 2007 2010 (S.I. 2010/1907), reg. 16(2)(e)(iii)(3) (with reg. 3)

Contents

  1. Part I: GENERAL
  2. 1Citation, commencement and interpretation
  3. Part II: CALCULATION OR ESTIMATION OF CHILD SUPPORT MAINTENANCE
  4. 2Calculation or estimation of amounts
  5. 3Calculation of AG
  6. 4Basic rate of child benefit
  7. 5The general rule
  8. 6The additional element
  9. 7Net income: calculation or estimation of N
  10. 8Net income: calculation or estimation of M
  11. 9Exempt income: calculation or estimation of E
  12. 10Exempt income: calculation or estimation of F
  13. 10AAssessable income: working tax credit paid to or in respect of a parent with care or an absent parent
  14. 10BAssessable income: state pension credit paid to or in respect of a parent with care or an absent parent
  15. 10CAssessable income : universal credit paid to or in respect of the parent concerned
  16. 11Protected income
  17. 12Disposable income
  18. 13The minimum amount
  19. 14Eligible housing costs
  20. 15Amount of housing costs
  21. 16Weekly amount of housing costs
  22. 17Apportionment of housing costs: exempt income
  23. 18Excessive housing costs
  24. Part III: SPECIAL CASES
  25. 19Both parents are absent
  26. 20Persons treated as absent parents
  27. 21One parent is absent and the other is treated as absent
  28. 22Multiple applications relating to an absent parent
  29. 23Person caring for children of more than one absent parent
  30. 24Persons with part-time care—not including a person treated as an absent parent
  31. 25Care provided in part by a local authority
  32. 26Cases where child support maintenance is not to be payable
  33. 27Child who is a boarder or an in-patient
  34. 27AChild in care who is allowed to live with their parent
  35. 28Amount payable where absent parent is in receipt of income support or other prescribed benefit
  36. Signature
  37. Schedule 1: CALCULATION OF N AND M
  38. Part I: EARNINGS
  39. Chapter 1: Earnings of an employed earner
  40. 1Paragraph 1
  41. 2Paragraph 2
  42. Chapter 2: Earnings of a self-employed earner
  43. 2AParagraph 2A
  44. 2BParagraph 2B Repealed
  45. 2CParagraph 2C
  46. 3Paragraph 3
  47. 4Paragraph 4
  48. 5Paragraph 5
  49. 5AParagraph 5A
  50. Part II: BENEFIT PAYMENTS
  51. 6Paragraph 6
  52. 7Paragraph 7
  53. Part III: OTHER INCOME
  54. 8Paragraph 8
  55. 9Paragraph 9
  56. 9AParagraph 9A
  57. 10Paragraph 10
  58. 11Paragraph 11
  59. 12Paragraph 12
  60. 13Paragraph 13
  61. 14Paragraph 14
  62. 14AParagraph 14A
  63. 14BParagraph 14B
  64. 15Paragraph 15
  65. 16Paragraph 16
  66. Part IV: INCOME OF CHILD TREATED AS INCOME OF PARENT
  67. 17Paragraph 17
  68. 18Paragraph 18
  69. 19Paragraph 19
  70. 20Paragraph 20
  71. 21Paragraph 21
  72. 22Paragraph 22
  73. 23Paragraph 23
  74. 24Paragraph 24
  75. Part V: AMOUNTS TREATED AS THE INCOME OF A PARENT
  76. 25Paragraph 25
  77. 26Paragraph 26
  78. 27Paragraph 27
  79. 28Paragraph 28
  80. 29Paragraph 29
  81. 30Paragraph 30
  82. 31Paragraph 31
  83. 32Paragraph 32
  84. Estimate of earnings where insufficient information available
  85. 5BParagraph 5B
  86. Schedule 2: AMOUNTS TO BE DISREGARDED WHEN CALCULATING OR ESTIMATING N and M
  87. 1Paragraph 1
  88. 2Paragraph 2
  89. 3Paragraph 3
  90. 4Paragraph 4
  91. 5Paragraph 5
  92. 6Paragraph 6
  93. 7Paragraph 7
  94. 7AParagraph 7A
  95. 7BParagraph 7B
  96. 8Paragraph 8
  97. 9Paragraph 9
  98. 10Paragraph 10
  99. 11Paragraph 11
  100. 12Paragraph 12
  101. 13Paragraph 13
  102. 14Paragraph 14
  103. 15Paragraph 15
  104. 15AParagraph 15A
  105. 16Paragraph 16
  106. 17Paragraph 17
  107. 18Paragraph 18
  108. 18AParagraph 18A
  109. 19Paragraph 19
  110. 20Paragraph 20
  111. 21Paragraph 21
  112. 22Paragraph 22
  113. 23Paragraph 23
  114. 24Paragraph 24
  115. 25Paragraph 25
  116. 25AParagraph 25A
  117. 26Paragraph 26
  118. 27Paragraph 27
  119. 28Paragraph 28
  120. 29Paragraph 29
  121. 29AParagraph 29A
  122. 29BParagraph 29B
  123. 30Paragraph 30
  124. 31Paragraph 31
  125. 31AParagraph 31A
  126. 32Paragraph 32
  127. 33Paragraph 33
  128. 34Paragraph 34
  129. 35Paragraph 35
  130. 36Paragraph 36
  131. 36AParagraph 36A
  132. 37Paragraph 37
  133. 38Paragraph 38
  134. 39Paragraph 39
  135. 40Paragraph 40
  136. 41Paragraph 41
  137. 42Paragraph 42
  138. 43Paragraph 43
  139. 44Paragraph 44
  140. 45Paragraph 45
  141. 46Paragraph 46
  142. 47Paragraph 47
  143. 48Paragraph 48
  144. 48AParagraph 48A
  145. 48BParagraph 48B
  146. 48CParagraph 48C
  147. 48DParagraph 48D
  148. 48EParagraph 48E
  149. 48FParagraph 48F
  150. 48GParagraph 48G
  151. 49Paragraph 49
  152. Schedule 3: ELIGIBLE HOUSING COSTS
  153. 1Eligible housing costs for the purposes of determining exempt income and protected income
  154. 2Loans for repairs and improvements to the home
  155. 2ALoans for repairs and improvements in transitional cases
  156. 3Exempt income: additional provisions relating to eligible housing costs
  157. 4Conditions relating to eligible housing costs
  158. 5Accommodation also used for other purposes
  159. 6Ineligible service and fuel charges
  160. 7Interpretation
  161. Schedule 3A: AMOUNT TO BE ALLOWED IN RESPECT OF TRANSFER OF PROPERTY
  162. 1Interpretation
  163. 2Evidence to be produced in connection with the allowance for transfers of property
  164. 3Consideration of evidence produced by other parent
  165. 4Computation of qualifying value—business assets and land
  166. 5Computation of qualifying value—cash, deposits and endowment policies
  167. 6Transfer wholly in lieu of periodical payments for relevant child
  168. 7Multiple transfers to related persons
  169. 8Computation of the value of compensation transfers
  170. 8AParagraph 8A
  171. 9Computation of relevant value of a qualifying transfer
  172. 10Amount to be allowed in respect of a qualifying transfer
  173. 11Paragraph 11
  174. Schedule 3B: AMOUNT TO BE ALLOWED IN RESPECT OF TRAVELLING COSTS
  175. 1Interpretation
  176. 2Computation of amount allowable in respect of travelling costs
  177. 3Computation in cases where there is one relevant employment and one work place in that employment
  178. 4Computation in cases where there is one relevant employment and one work place in that employment
  179. 5Computation in cases where there is one relevant employment and one work place in that employment
  180. 6Computation in cases where there is one relevant employment and one work place in that employment
  181. 7Computation in cases where there is one relevant employment and one work place in that employment
  182. 8Computation in cases where there is more than one work place but only one relevant employment
  183. 9Computation in cases where there is more than one work place but only one relevant employment
  184. 10Computation in cases where there is more than one work place but only one relevant employment
  185. 11Computation in cases where there is more than one work place but only one relevant employment
  186. 12Computation in cases where there is more than one work place but only one relevant employment
  187. 13Computation in cases where there is more than one work place but only one relevant employment
  188. 14Computation in cases where there is more than one work place but only one relevant employment
  189. 15Computation in cases where there is more than one relevant employment
  190. 16Computation in cases where there is more than one relevant employment
  191. 17Computation in cases where there is more than one relevant employment
  192. 17AComputation in cases where there is more than one relevant employment
  193. 18Computation in cases where there is more than one relevant employment
  194. 19Computation in cases where there is more than one relevant employment
  195. 20Computation in cases where there is more than one relevant employment
  196. 21Relevant employments in respect of which no amount is to be allowed
  197. 22Relevant employments in respect of which no amount is to be allowed
  198. 23Relevant employments in respect of which no amount is to be allowed
  199. Schedule 4: CASES WHERE CHILD SUPPORT MAINTENANCE IS NOT TO BE PAYABLE
  200. Paragraph
  201. Schedule 5: PROVISIONS APPLYING TO CASES TO WHICH SECTION 43 OF THE ACT AND REGULATION 28 APPLY
  202. 1Paragraph 1 Repealed
  203. 2Paragraph 2 Repealed
  204. 3Paragraph 3 Repealed
  205. 3AParagraph 3A Repealed
  206. 4Paragraph 4 Repealed
  207. 5Paragraph 5 Repealed
  208. 6Paragraph 6 Repealed
  209. 7Paragraph 7 Repealed
  210. 7AParagraph 7A Repealed
  211. 8Paragraph 8 Repealed
  212. 9Paragraph 9
  213. Explanatory note