{
  "url": "https://openlegislation.uk/child-support-maintenance-calculations-and-special-cases-regulations-2000/regulation-8",
  "json_url": "https://openlegislation.uk/child-support-maintenance-calculations-and-special-cases-regulations-2000/regulation-8.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/8",
  "kind": "regulation",
  "number": "8",
  "heading": "Persons treated as non-resident parents",
  "text": "(1) Where the circumstances of a case are that—\n(a) two or more persons who do not live in the same household each provide day to day care for the same child, being a child in respect of whom an application for a maintenance calculation has been made ...; and\n(b) at least one of those persons is a parent of the child,\nthat case shall be treated as a special case for the purposes of the Act.\n(2) For the purposes of this special case a parent who provides day to day care for a child of his is to be treated as a non-resident parent for the purposes of the Act in the following circumstances—\n(a) a parent who provides such care to a lesser extent than the other parent, person or persons who provide such care for the child in question; or\n(b) where the persons mentioned in paragraph (1)(a) include both parents and the circumstances are such that care is provided to the same extent by both but each provides care to an extent greater than or equal to any other person who provides such care for that child—\n(i) the parent who is not in receipt of child benefit for the child in question; or\n(ii) if neither parent is in receipt of child benefit for that child, the parent who, in the opinion of the Secretary of State, will not be the principal provider of day to day care for that child.\n(3) For the purposes of this regulation and regulation 10\n(a) “child benefit” means child benefit payable under Part IX of the Contributions and Benefits Act\n(b) where a person has made an election under section 13A(1) of the Social Security Administration Act 1992 (election not to receive child benefit) for payments of child benefit not to be made, that person is to be treated as being in receipt of child benefit.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 8(1)(a) substituted (21.2.2003) by The Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/328), regs. 1(3)(a), 8(3)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 8(1)(a) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 7(3)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in reg. 8(3) renumbered as reg. 8(3)(a) (30.9.2013) by The Child Support (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/1517), regs. 1(2), 6(3)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Reg. 8(3)(b) inserted (30.9.2013) by The Child Support (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/1517), regs. 1(2), 6(3)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 8 in force at 18.1.2001 in accordance with, see reg. 1(4)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2001/155/regulation/8",
    "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."
}