{
  "url": "https://openlegislation.uk/child-support-maintenance-calculations-and-special-cases-regulations-2000/regulation-5",
  "json_url": "https://openlegislation.uk/child-support-maintenance-calculations-and-special-cases-regulations-2000/regulation-5.json",
  "legislation": "uksi/2001/155",
  "legislation_title": "The Child Support (Maintenance Calculations and Special Cases) Regulations 2000",
  "legislation_url": "https://openlegislation.uk/child-support-maintenance-calculations-and-special-cases-regulations-2000",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Nil rate",
  "text": "The rate payable is nil where the non-resident parent is—\n(a) a student;\n(b) a child within the meaning given in section 55(1) of the Act;\n(c) a prisoner;\n(d) a person who is 16 or 17 years old and—\n(i) in receipt of income support , income-based jobseeker's allowance or income-related employment and support allowance; ...\n(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;\n(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\n(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;\n(e) a person receiving an allowance in respect of work-based training for young people, or in Scotland, Skillseekers training;\n(f) 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—\n(i) is in receipt of a pension, benefit or allowance specified in regulation 4(1) or (2); or\n(ii) has the whole or part of the cost of his accommodation met by a local authority;\n(g) a patient in hospital who is in receipt of income support whose applicable amount includes an amount under paragraph 1(a) or (b) of Schedule 7 to the Income Support Regulations (patient for more than 6 weeks);\n(gg) a patient in hospital who is in receipt of state pension credit and in respect of whom paragraph 2(1) of Schedule III to the State Pension Credit Regulations (patient for at least 13 but not exceeding 52 weeks) applies; or\n(h) a person in receipt of a benefit specified in regulation 4(1) the amount of which has been reduced in accordance with the provisions of regulations 4(d) and 6 of the Social Security Hospital In-Patients Regulations 1975 (circumstances in which personal benefit is to be adjusted and adjustment of personal benefit after 52 weeks in hospital)...\n(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 5(d) substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 61(4)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Word in reg. 5(d) omitted (29.4.2013) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 43(4)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Reg. 5(d)(iii)(iv) and semi-colon inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 43(4)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in reg. 5(f) substituted (5.11.2003) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2003 (S.I. 2003/2779), regs. 1, 6(4)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Reg. 5(gg) inserted (6.10.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 27(4)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Word in reg. 5(gg) inserted (16.3.2005) by The Child Support (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/785), regs. 1(2)(a), 6(3)(a)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Word in reg. 5(h) omitted (16.3.2005) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/785), regs. 1(2)(a), 6(3)(b)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Reg. 5(i) omitted (16.9.2004) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/2415), regs. 1(2)(a), 7(2)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 5 in force at 18.1.2001 in accordance with, see reg. 1(4)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1975/555. Regulation 4(d) has been amended by regulation 2(3)(b) of S.I. 1987/1683 and regulation 6 has been amended by section 18(1) of the Social Security Act 1986 (c. 50), regulation 3 of S.I. 1977/1963, regulation 2 of S.I. 1987/31 and regulation 2 of S.I. 1987/1683."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2001/155/regulation/5",
    "retrieved_at": "2026-10-29T08:06:48.410237+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}