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Paragraph 5A F1F2

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This paragraph applies where—

(a)

the non-resident parent is a party to a qualifying maintenance arrangement with respect to a child of the non-resident parent who is not a qualifying child, and

(b)

the weekly rate of child support maintenance apart from this paragraph would be the basic rate or a reduced rate or calculated following agreement to a variation where the rate would otherwise be a flat rate or the nil rate.

C1(2)

The weekly rate of child support maintenance is the greater of £7 and the amount found as follows.

(3)

First, calculate the amount which would be payable if the non-resident parent's qualifying children also included every child with respect to whom the non-resident parent is a party to a qualifying maintenance arrangement.

(4)

Second, divide the amount so calculated by the number of children taken into account for the purposes of the calculation.

(5)

Third, multiply the amount so found by the number of children who, for purposes other than the calculation under sub-paragraph (3), are qualifying children of the non-resident parent.

(6)

For the purposes of this paragraph, the non-resident parent is a party to a qualifying maintenance arrangement with respect to a child if the non-resident parent is—

(a)

liable to pay maintenance for the child under a maintenance order, or

(b)

a party to an agreement of a prescribed description which provides for the non-resident parent to make payments for the benefit of the child,

and the child is habitually resident in the United Kingdom.

Annotations

Textual amendments

F1

Sch. 1 Pt. I substituted (22.11.2000 and 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

F2

Sch. 1 para. 5A and cross-heading inserted (3.12.2012 for specified purposes, 10.12.2012 for specified purposes, 29.7.2013 for specified purposes, 25.11.2013 in so far as not already in operation) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), s. 41(1), Sch. 1 para. 5(2); S.R. 2012/423, art. 2(2)(d); S.R. 2012/440, arts. 2(1)(b), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 4); S.R. 2013/201, arts. 2(1)(b), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 5); S.R. 2013/276, art. 2(a) (with arts. 3-5)

Modifications

C1

Sch. 1 para. 5A(2) modified (25.11.2013) by The Child Support and Claims and Payments (Miscellaneous Amendments and Change to the Minimum Amount of Liability) Regulations (Northern Ireland) 2013 (S.R. 2013/190), regs. 1(2), 2

Notes on Schedule 1

Textual amendments

F1

Word in Sch. 1 heading substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(2)(b), 68(2); S.R. 2003/53, art. 3(1), Sch.

Notes on Part I

Modifications

C1

Sch. 1 para. 5 (as originally enacted) amended (1.7.2008 for specified purposes, 27.10.2008 in so far as not already in operation) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), s. 60(1), Sch. 3 para. 2(8); S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1

C2

Sch. 1 para. 5 (as originally enacted) amended (27.9.2017) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 2 para. 2; S.R. 2017/190, art. 4(1)(2)(g)(i)

C3

Sch. 1 para. 6 (as originally enacted) amended (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 64(5) (with regs. 6-9)