# The Child Support Maintenance Calculation Regulations 2012, Regulation 44: Flat Rate

Extent: E+W+S

(1) The following benefits, pensions or allowances are prescribed for the purposes of paragraph 4(1)(b) of Schedule 1 to the 1991 Act (that is the benefits, pensions or allowances that qualify the non-resident parent for the flat rate)—
(a) under the Social Security Contributions and Benefits Act 1992 —
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii) category A retirement pension under section 44 ,
(iii) category B retirement pension under section 48C ,
(iv) category C and category D retirement pension under section 78 ,
(v) incapacity benefit under section 30A ,
(vi) carer's allowance under section 70 ,
(vii) maternity allowance under section 35 or 35B,
(viii) severe disablement allowance under section 68 ,
(ix) industrial injuries benefit under section 94,
(x) widowed mother's allowance under section 37 ,
(xi) widowed parent's allowance under section 39A , and
(xii) widow's pension under section 38 ;
(b) contribution-based jobseeker's allowance under the Jobseekers Act 1995 ;
(c) a social security benefit paid by a country other than the United Kingdom;
(d) a training allowance (other than work-based training for young people or, in Scotland, Skillseekers training);
(e) a war disablement pension within the meaning of section 150(2) of the Social Security Contributions and Benefits Act 1992 or a pension which is analogous to such a pension paid by the government of a country outside Great Britain;
(f) a war widow's pension, war widower's pension or surviving civil partner's war pension within the meaning of that section ;
(g) a payment under a scheme mentioned in section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004 (compensation schemes for armed and reserve forces); ...
(h) contributory employment and support allowance;...
(i) a state pension under Part 1 of the Pensions Act 2014 and.
(j) the carer support payment component of carer support given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.
(2) The following benefits are prescribed for the purposes of paragraph 4(1)(c) of Schedule 1 to the 1991 Act (that is the benefits that qualify the non-resident parent for the flat rate if received by the non-resident parent or their partner)—
(a) income support;
(b) income-based jobseeker's allowance;
(c) income-related employment and support allowance; ...
(d) state pension credit; and
(e) universal credit under Part 1 of the Welfare Reform Act 2012, where the award of universal credit is calculated on the basis that the non-resident parent does not have any earned income
(3) Where the conditions referred to in paragraph 4(2) of Schedule 1 to the 1991 Act are satisfied (that is where an income-related benefit is payable to the non-resident parent or their partner and a maintenance calculation is in force in respect of each of them) the flat rate of maintenance payable is half the flat rate that would otherwise apply.
(4) In paragraph (1)(d) “training allowance” means a payment under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 which is paid to a person for their maintenance while they are undergoing training.
(5) For the purposes of paragraph (2)(e) and regulation 45(1)(c), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.

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Source: https://www.legislation.gov.uk/uksi/2012/2677/regulation/44 (the official version)
Page: https://openlegislation.uk/child-support-maintenance-calculation-regulations-2012/regulation-44
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.