Regulation 26 Cases where child support maintenance is not to be payable

(1)

Where the circumstances of a case are that—

(a)

but for this regulation the minimum amount prescribed in regulation 13(1) would apply; and

(b)

any of the following conditions are satisfied—

(i)

the income of the absent parent includes one or more of the payments or awards specified in Schedule 4 or would include such a payment but for a provision preventing the receipt of that payment by reason of it overlapping with some other benefit payment or would, in the case of the payments referred to in paragraph (a)(i) or (iv) of that Schedule, include such a payment if the relevant contribution conditions for entitlement had been satisfied;

(ii)

an amount to which regulation F111(1)(f) applies (protected income: income support family premium) is taken into account in calculating or estimating F2under paragraphs(1) to (5) of regulation 11, the protected income of the absent parent;

(iii)

the absent parent is a child within the meaning of section 55 of the Act;

(iv)

the absent parent is a prisoner; or

(v)

the absent parent is a person in respect of whom N (as calculated or estimated under regulation 7(1)) is less than the minimum amount prescribed by regulation 13(1),

the case shall be treated as a special case for the purposes of the Act.

(2)

For the purposes of this case—

(a)

the requirement in paragraph 7(2) of Schedule 1 to the Act (minimum amount of child support maintenance fixed by an assessment to be the prescribed minimum amount) shall not apply;

(b)

the amount of the child support maintenance to be fixed by the assessment shall be nil.

Annotations

Textual amendments

F1: Words in reg. 26(1)(b)(ii) substituted (6.4.1998) by The Child Support (Miscellaneous Amendments) Regulations 1997 1998 (S.I. 1998/58), regs. 1(3), 54 (with reg. 59)
F2: Words in reg. 26(1)(b)(ii) inserted (18.4.1995) by The Child Support and Income Support (Amendment) Regulations 1995 (S.I. 1995/1045), regs. 1(2), 53

Notes on the whole SI

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))