{
  "url": "https://openlegislation.uk/child-support-maintenance-calculations-and-special-cases-regulations-northern-ireland-2001/regulation-5",
  "json_url": "https://openlegislation.uk/child-support-maintenance-calculations-and-special-cases-regulations-northern-ireland-2001/regulation-5.json",
  "legislation": "nisr/2001/18",
  "legislation_title": "The Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001",
  "legislation_url": "https://openlegislation.uk/child-support-maintenance-calculations-and-special-cases-regulations-northern-ireland-2001",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Nil rate",
  "text": "(1) The rate payable is nil where the non-resident parent is—\n(a) a student;\n(b) a child within the meaning given in Article 3 of the Order;\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 2 of the Welfare Reform (Northern Ireland) Order 2015, 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 2 of the Welfare Reform (Northern Ireland) Order 2015 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 a relevant training scheme; or\n(f) a person who is resident in a residential care home, nursing home or an independent hospital 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 Health and Social Services Board or an HSS trust;\n(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(gg) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2) In this regulation—\n(a) a “Health and Social Services Board” means a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972;\n(b) an “HSS trust” means a Health and Social Services trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991, by which functions are exercisable by virtue of an authorisation for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Regulations revoked (coming into operation in accordance with reg. 1(1)(c) of the amending Rule) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/438), regs. 1(1)(c), 9(2), Sch.; S.R. 2012/440, art. 2(1)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 5(1)(d) substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/286), regs. 1(b), 26(4)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Word in reg. 5(1)(d)(i) omitted (coming into operation in accordance with reg. 1(1) of the amending Rule) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 40(4)(a)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Reg. 5(1)(d)(iii)(iv) inserted (coming into operation in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 40(4)(b)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Word in reg. 5(1)(e) inserted (6.4.2009) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2009 (S.R. 2009/133), regs. 1(1), 7(a)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in reg. 5(1)(f) substituted (coming into operation in accordance with reg. 1(2) of the amending Rule) by The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/469), regs. 1(2), 6(4)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Reg. 5(1)(g)(gg)(h) omitted (6.4.2009) by virtue of The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2009 (S.R. 2009/133), regs. 1(1), 7(b)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Reg. 5(1)(i) omitted (7.10.2004) by virtue of The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2004 (S.R. 2004/428), regs. 1(1), 7(2)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 5 comes into operation in accordance with reg. 1(1)(a)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1972/1265 (N.I. 14)"
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "S.I.1991/194 (N.I. 1); Article 10 was amended by Article 3(8) of the Health and Personal Social Services (Northern Ireland) Order 1994 (S.I. 1994/429 (N.I. 2))"
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "S.I. 1994/429 (N.I. 2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2001/18/regulation/5",
    "retrieved_at": "2026-10-29T02:13:18.893633+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."
}