# The Child Support Maintenance Calculation Regulations 2012, Regulation 45: Nil rate

Extent: E+W+S

(1) The nil rate is payable where the non-resident parent is—
(a) a child;
(b) a prisoner or a person serving a sentence of imprisonment detained in hospital;
(c) a person who is 16 or 17 years old and—
(i) in receipt of income support, income-based jobseeker's allowance or income-related employment and support allowance, ...
(ii) a member of a couple whose partner is in receipt of income support, income-based jobseeker's allowance or income-related employment and support allowance;
(iii) in receipt of universal credit under Part 1 of the Welfare Reform Act 2012, where the award of universal credit is calculated on the basis that they do not have any earned income; or
(iv) in a case not covered by paragraph (iii), a member of a couple where their partner is in receipt of universal credit under Part 1 of the Welfare Reform Act 2012 and the award of universal credit is calculated on the basis that the non-resident parent does not have any earned income
(d) a person receiving an allowance in respect of work-based training for young people, or in Scotland, Skillseekers training; or
(e) a person who is resident in a care home or an independent hospital or is being provided with a care home service or an independent health care service who—
(i) is in receipt of a pension, benefit or allowance specified in regulation 44(1) or (2) (flat rate), or
(ii) has the whole or part of the cost of their accommodation met by a local authority.
(2) For the purposes only of determining whether paragraph 5(b) of Schedule 1 to the 1991 Act applies (nil rate payable where non-resident parent has gross weekly income of below the flat rate that is referred to in, or prescribed for the purposes of, paragraph 4(1) of Schedule 1 to the 1991 Act), the gross weekly income of the non-resident parent is to include any payments made by way of benefits, pensions or allowances referred to in regulation 44(1) or (2).
(3) In paragraph (1)—
“care home” in England has the meaning given by section 3 of the Care Standards Act 2000;
“care home service” in Wales means a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 which is provided wholly or mainly to persons aged 18 or over and in Scotland has the meaning given by paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 and “independent health care service” has the meaning given by section 10F(1)(a) and (b) of the National Health Service (Scotland) Act 1978;
“independent hospital” has the meaning given by section 2 of the Care Standards Act 2000;
“person serving a sentence of imprisonment detained in hospital” means a person who—
(a)is being detained—
(i)under section 45A or 47 of the Mental Health Act 1983 ; and
(ii)before the day which the Secretary of State certifies to be that person's release date within the meaning of section 50(3) of that Act (in any case where there is such a release date); or
(b)is being detained under—
(i)section 59A of the Criminal Procedure (Scotland) Act 1995 ; or
(ii)section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 ;
“prisoner” means a person who—
(c)is detained in custody pending trial or sentence upon conviction or under sentence imposed by a court; or
(d)is on temporary release in accordance with the provisions of the Prison Act 1952 or the Prisons (Scotland) Act 1989 ,
other than a person who is detained in hospital under the provisions of the Mental Health Act 1983 or, in Scotland, the Mental Health (Care and Treatment)(Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995.

---
Source: https://www.legislation.gov.uk/uksi/2012/2677/regulation/45 (the official version)
Page: https://openlegislation.uk/child-support-maintenance-calculation-regulations-2012/regulation-45
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.