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The Child Support Maintenance Calculation Regulations 2012

S.I. 2012/2677 · Made 20 October 2012 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 15 March 2026.

Family Law

Child Support

Made 20th October 2012

Coming into force in accordance with regulation 1

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 3(3), 5(3), 12(4) and (5), 14(1) and (1A), 16(1), (4) and (6), 17(2), (3) and (5), 20(4) and (5), 28ZA(2)(b) and (4)(c), 28ZB(6)(c) and (8), 28A(5), 28B(2)(c), 28C(2)(b) and (5), 28F(2)(b), (3)(b) and (5), 28G(2) and (3), 42, 51(1) and (2), 52(4), 54 and 55(1)(b) of, and paragraphs 3(2) and (3), 4(1) and (2), 5, 5A(6)(b), 7(3), 8(2), 9, 10(1) and (2), 10C(2)(b) and 11 of Schedule 1, paragraphs 2, 4 and 5 of Schedule 4A and paragraphs 2(2) to (5), 4, 5 and 6 of Schedule 4B to, the Child Support Act 1991 M1.

A draft of this instrument was laid before and approved by a resolution of each House of Parliament in accordance with section 52(2) and (2A) of that Act M2.

Annotations to the whole text

Marginal citations

M1

1991 c. 48. Section 5(3) was amended by section 1(2)(a) of the Child Support, Pensions and Social Security Act 2000 (c. 19) (“the 2000 Act”). Section 12 was substituted by section 4 of that Act. Section 14(1) was amended by section 12 of, and paragraph 11(1) and (7) of Schedule 3 to, that Act and amended by Schedule 8 to the Child Maintenance and Other Payments Act 2008 (c. 6) (“the 2008 Act”). Section 14(1A) was inserted by paragraph 3 of Schedule 3 to the Child Support Act 1995 (c. 34). Section 16 was substituted by section 40 of the Social Security Act 1998 (c. 14). Section 17 was substituted by section 41 of the Social Security Act 1998; subsections (2) and (3) were substituted by section 17 of the 2008 Act. Sections 28ZA and 28ZB were inserted by section 43 of the Social Security Act 1998. Sections 28A to 28C were substituted by section 5(1) and (2) of the 2000 Act. Section 28F was substituted by section 5(1) and (5) of the 2000 Act. Section 28G was substituted by section 7 of the 2000 Act. Section 42 was amended by paragraph 11(1) and (2) of Schedule 3 to the 2000 Act. Section 51 was amended by section 1(2) of, and paragraph 11(1) and (19)(a) of Schedule 3 to, the 2000 Act. Section 55 was substituted by section 42 of the 2008 Act. Schedule 1 was amended as follows. Paragraphs 4 and 5 were amended by paragraphs 1 and 2 of Schedule 4 to the 2008 Act. Paragraph 5A was inserted by paragraph 5 of Schedule 4 to the 2008 Act. Paragraph 8(2) was amended by paragraphs 1 and 7 of Schedule 4 to the 2008 Act. Paragraph 9 was amended by paragraphs 1 and 8(2) to (4) of Schedule 4, and Schedule 8, to the 2008 Act. Paragraph 10 was amended by paragraphs 1, 2, 9 and 10 of Schedule 4 to the 2008 Act. Paragraph 10C was amended by paragraph 1(1) and (31) of Schedule 7 to the 2008 Act. Schedules 4A and 4B were substituted by section 6 of, and Schedule 2 to, the 2000 Act and amended by section 58 of, and Schedule 8 to, the 2008 Act and by S.I. 2008/2833. Section 54 is cited for the meaning of “prescribed”. References in the 1991 Act to “the Commission” were replaced by references to “the Secretary of State” by S.I. 2012/2007.

M2

Section 52(2) was substituted by section 25 of the 2000 Act. Section 52(2A) was inserted by paragraph 1(1) and (23) of Schedule 7 to the 2008 Act.

Contents

  1. Part 1: GENERAL
  2. 1Citation and commencement
  3. 2Interpretation
  4. 2AUse of electronic communications
  5. 3Meaning of “calculation decision”
  6. 4Meaning of “latest available tax year”
  7. 5Calculation – information applicable
  8. 6Rounding
  9. 7Service of documents
  10. 8Authorisation of representative
  11. Part 2: APPLICATION FOR A MAINTENANCE CALCULATION
  12. 9Applications under section 4 or 7 of the 1991 Act
  13. 10Multiple applications
  14. 11Notice of application
  15. Part 3: DECISION MAKING
  16. Chapter 1: MAKING THE MAINTENANCE CALCULATION
  17. 12Initial effective date
  18. 13Effect of variation applied for before a maintenance calculation is made
  19. Chapter 2: REVISION
  20. 14Grounds for revision
  21. 14AConsideration of revision before appeal
  22. 15Late application for a revision
  23. 16Effective date of a revision
  24. Chapter 3: SUPERSESSION
  25. 17Grounds for supersession
  26. 18Effective dates for supersession decisions
  27. Chapter 4: UPDATING GROSS WEEKLY INCOME
  28. 19Setting the review date
  29. 20Updating gross weekly income at the review date
  30. 21Updating unearned income at the review date
  31. 22Periodic current income check
  32. 2325% tolerance for changes outside annual review or periodic current income check
  33. Chapter 5: NOTIFICATION OF DECISIONS
  34. 24Notification – general
  35. 25Notification of a maintenance calculation
  36. 26Notification of a revision or supersession
  37. 27Notification of cessation of a maintenance calculation
  38. Chapter 5A: Accidental errors
  39. 27ACorrection of accidental errors
  40. Chapter 6: MISCELLANEOUS MATTERS RELATING TO APPEALS
  41. 28Decisions involving issues that arise on appeal in other cases
  42. 29Child support appeals involving issues that arise in other cases
  43. 30Tribunal decision made pending outcome of a related appeal
  44. 31Supersession of tribunal decision made in error due to misrepresentation etc.
  45. 32Supersession of look alike case where law reinterpreted by the Upper Tribunal or a court
  46. 33Procedural matters relating to appeals
  47. Part 4: THE MAINTENANCE CALCULATION RULES
  48. Chapter 1: DETERMINATION OF GROSS WEEKLY INCOME
  49. 34The general rule for determining gross weekly income
  50. 35Historic income – general
  51. 36Historic income – the HMRC figure
  52. 37Current income – general
  53. 38Current income as an employee or office-holder
  54. 39Current income from self-employment
  55. 40Deduction for pension contributions relievable at source
  56. 41Current income from a pension
  57. 42Estimate of current income where insufficient information available
  58. Chapter 2: RATES OF CHILD SUPPORT MAINTENANCE
  59. 43Reduced Rate
  60. 44Flat Rate
  61. 45Nil rate
  62. 46Decrease for shared care
  63. 47Assumption as to number of nights of shared care
  64. 48Non-resident parent party to another maintenance arrangement
  65. Chapter 3: DEFAULT MAINTENANCE DECISIONS
  66. 49Default rate
  67. Chapter 4: SPECIAL CASES
  68. 50Parent treated as a non-resident parent in shared care cases
  69. 51Child in care who is allowed to live with their parent
  70. 52Non-resident parent liable to maintain a child of the family or a child abroad
  71. 53Care provided in part by a local authority
  72. 54Care provided for relevant other child by a local authority
  73. 55Child who is a boarder or an in-patient in hospital
  74. Part 5: VARIATIONS
  75. Chapter 1: GENERAL
  76. 56Application for a variation
  77. 57Rejection of an application following preliminary consideration
  78. 58Provision of information
  79. 59Procedure in relation to a variation
  80. 60Factors not taken into account for the purposes of section 28F
  81. 61Procedure on revision or supersession of a previously determined variation
  82. 62Regular payments condition
  83. Chapter 2: GROUNDS FOR VARIATION: SPECIAL EXPENSES
  84. 63Contact costs
  85. 64Illness or disability of relevant other child
  86. 65Prior debts
  87. 66Boarding school fees
  88. 67Payments in respect of certain mortgages, loans or insurance policies
  89. 68Thresholds
  90. Chapter 3: GROUNDS FOR VARIATION: ADDITIONAL INCOME
  91. 69Non-resident parent with unearned income
  92. 69AAssets exceeding a prescribed value
  93. 70Non-resident parent on a flat rate or nil rate with gross weekly income
  94. 71Diversion of income
  95. Chapter 4: EFFECT OF VARIATION ON THE MAINTENANCE CALCULATION
  96. 72Effect on the maintenance calculation – special expenses
  97. 73Effect on the maintenance calculation – additional income grounds
  98. 74Effect on maintenance calculation – general
  99. 75Situations in which a variation previously agreed to may be taken into account in calculating maintenance liability
  100. Part 6: MEANING OF TERMS IN THE 1991 ACT
  101. 76Meaning of “child” for the purposes of the 1991 Act
  102. 77Meaning of “relevant other child” for the purposes of the 1991 Act
  103. 78Persons who are not persons with care
  104. Signature
  105. Schedule 1: Electronic Communications
  106. Part 1: Use of Electronic Communications
  107. 1Use of electronic communications
  108. 2Conditions for the use of electronic communications
  109. 3Use of intermediaries
  110. Part 2: Evidential provisions
  111. 4Proof of delivery
  112. 5Proof of identity
  113. 6Proof of content
  114. 7Interpretation
  115. Schedule 2: APPEALS: PROCEDURAL MATTERS
  116. 1Appeal against a decision which has been replaced or revised
  117. 2Late appeals
  118. 3Notice of Appeal
  119. 4Death of a party to an appeal
  120. Explanatory note