The Child Support Maintenance Calculation Regulations 2012
Draft 2012, ISBN 9780111526132
Draft Regulations laid before Parliament under section 52(2) and (2A) of the Child Support Act 1991 for approval by resolution of each House of Parliament
Family Law
Child Support
Made ***
Coming into force in accordance with regulation 1
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 3(3), 5(3), 12(4) and (5), 14(1) and (1A), 16(1), (4) and (6), 17(2), (3) and (5), 20(4) and (5), 28ZA(2)(b) and (4)(c), 28ZB(6)(c) and (8), 28A(5), 28B(2)(c), 28C(2)(b) and (5), 28F(2)(b), (3)(b) and (5), 28G(2) and (3), 42, 51(1) and (2), 52(4), 54 and 55(1)(b) of, and paragraphs 3(2) and (3), 4(1) and (2), 5, 5A(6)(b), 7(3), 8(2), 9, 10(1) and (2), 10C(2)(b) and 11 of Schedule 1, paragraphs 2, 4 and 5 of Schedule 4A and paragraphs 2(2) to (5), 4, 5 and 6 of Schedule 4B to, the Child Support Act 1991f1.
A draft of this instrument was laid before and approved by a resolution of each House of Parliament in accordance with section 52(2) and (2A) of that Actf2.
Annotations to the whole text
Footnotes
- f1
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1991 c. 48. Section 5(3) was amended by section 1(2)(a) of the Child Support, Pensions and Social Security Act 2000 (c. 19) (“the 2000 Act”). Section 12 was substituted by section 4 of that Act. Section 14(1) was amended by section 12 of, and paragraph 11(1) and (7) of Schedule 3 to, that Act and amended by Schedule 8 to the Child Maintenance and Other Payments Act 2008 (c. 6) (“the 2008 Act”). Section 14(1A) was inserted by paragraph 3 of Schedule 3 to the Child Support Act 1995 (c. 34). Section 16 was substituted by section 40 of the Social Security Act 1998 (c. 14). Section 17 was substituted by section 41 of the Social Security Act 1998; subsections (2) and (3) were substituted by section 17 of the 2008 Act. Sections 28ZA and 28ZB were inserted by section 43 of the Social Security Act 1998. Sections 28A, 28B, 28C, 28F, 28G and Schedule 4A and 4B were inserted by sections 5 to 7 of, and Schedule 2 to the 2000 Act. Section 42 was amended by paragraph 11(1) and (2) of Schedule 3 to the 2000 Act. Section 51 was amended by section 1(2) of, and paragraph 11(1) and (19)(a) of Schedule 3 to, the 2000 Act. Section 55 was substituted by section 42 of the 2008 Act. Schedule 1 was amended as follows. Paragraphs 4 and 5 were amended by paragraphs 1 and 2 of Schedule 4 to the 2008 Act. Paragraph 5A was inserted by paragraph 5 of Schedule 4 to the 2008 Act. Paragraph 8(2) was amended by paragraphs 1 and 7 of Schedule 4 to the 2008 Act. Paragraph 9 was amended by paragraphs 1 and 8(2) to (4) of Schedule 4 to, and Schedule 8 to, the 2008 Act. Paragraph 10 was amended by paragraphs 1, 2, 9 and 10 of Schedule 4 to the 2008 Act. Paragraph 10C was amended by paragraph 1(1) and (31) of Schedule 7 to the 2008 Act. Schedules 4A and 4B were substituted by sections 6 of, and Schedule 2 to, the 2000 Act and amended by Schedule 8 to the 2008 Act and by S.I. 2008/2833. Section 54 is cited for the meaning of “prescribed”. References in the 1991 Act to “the Commission” were replaced by references to “the Secretary of State” by S.I. 2012/xxxx.
- f2
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Section 52(2) was substituted by section 25 of the 2000 Act; section 52(2A) was inserted by paragraph 1(1) and (23) of Schedule 7 to the 2008 Act.
Contents
- Part 1: GENERAL
- 1Citation and commencement
- 2Interpretation
- 3Meaning of “calculation decision”
- 4Meaning of “latest available tax year”
- 5Calculation – information applicable
- 6Rounding
- 7Service of documents
- 8Authorisation of representative
- Part 2: APPLICATION FOR A MAINTENANCE CALCULATION
- 9Applications under section 4 or 7 of the 1991 Act
- 10Multiple applications
- 11Notice of application
- Part 3: DECISION MAKING
- Chapter 1: MAKING THE MAINTENANCE CALCULATION
- 12Initial effective date
- 13Effect of variation applied for before a maintenance calculation is made
- Chapter 2: REVISION
- 14Grounds for revision
- 15Late application for a revision
- 16Effective date of a revision
- Chapter 3: SUPERSESSION
- 17Grounds for supersession
- 18Effective dates for supersession decisions
- Chapter 4: UPDATING GROSS WEEKLY INCOME
- 19Setting the review date
- 20Updating gross weekly income at the review date
- 21Updating unearned income at the review date
- 22Periodic current income check
- 2325% tolerance for changes outside annual review or periodic current income check
- Chapter 5: NOTIFICATION OF DECISIONS
- 24Notification – general
- 25Notification of a maintenance calculation
- 26Notification of a revision or supersession
- 27Notification of cessation of a maintenance calculation
- Chapter 6: MISCELLANEOUS MATTERS RELATING TO APPEALS
- 28Decisions involving issues that arise on appeal in other cases
- 29Child support appeals involving issues that arise in other cases
- 30Tribunal decision made pending outcome of a related appeal
- 31Supersession of tribunal decision made in error due to misrepresentation etc.
- 32Supersession of look alike case where law reinterpreted by the Upper Tribunal or a court
- 33Procedural matters relating to appeals
- Part 4: THE MAINTENANCE CALCULATION RULES
- Chapter 1: DETERMINATION OF GROSS WEEKLY INCOME
- 34The general rule for determining gross weekly income
- 35Historic income – general
- 36Historic income – the HMRC figure
- 37Current income – general
- 38Current income as an employee or office-holder
- 39Current income from self-employment
- 40Deduction for pension contributions relievable at source
- 41Current income from a pension
- 42Estimate of current income where insufficient information available
- Chapter 2: RATES OF CHILD SUPPORT MAINTENANCE
- 43Reduced Rate
- 44Flat Rate
- 45Nil rate
- 46Decrease for shared care
- 47Assumption as to number of nights of shared care
- 48Non-resident parent party to another maintenance arrangement
- Chapter 3: DEFAULT MAINTENANCE DECISIONS
- 49Default rate
- Chapter 4: SPECIAL CASES
- 50Parent treated as a non-resident parent in shared care cases
- 51Child in care who is allowed to live with their parent
- 52Non-resident parent liable to maintain a child of the family or a child abroad
- 53Care provided in part by a local authority
- 54Care provided for relevant other child by a local authority
- 55Child who is a boarder or an in-patient in hospital
- Part 5: VARIATIONS
- Chapter 1: GENERAL
- 56Application for a variation
- 57Rejection of an application following preliminary consideration
- 58Provision of information
- 59Procedure in relation to a variation
- 60Factors not taken into account for the purposes of section 28F
- 61Procedure on revision or supersession of a previously determined variation
- 62Regular payments condition
- Chapter 2: GROUNDS FOR VARIATION: SPECIAL EXPENSES
- 63Contact costs
- 64Illness or disability of relevant other child
- 65Prior debts
- 66Boarding school fees
- 67Payments in respect of certain mortgages, loans or insurance policies
- 68Thresholds
- Chapter 3: GROUNDS FOR VARIATION: ADDITIONAL INCOME
- 69Non-resident parent with unearned income
- 70Non-resident parent on a flat rate or nil rate with gross weekly income
- 71Diversion of income
- Chapter 4: EFFECT OF VARIATION ON THE MAINTENANCE CALCULATION
- 72Effect on the maintenance calculation – special expenses
- 73Effect on the maintenance calculation – additional income grounds
- 74Effect on maintenance calculation – general
- 75Situations in which a variation previously agreed to may be taken into account in calculating maintenance liability
- Part 6: MEANING OF TERMS IN THE 1991 ACT
- 76Meaning of “child” for the purposes of the 1991 Act
- 77Relevant other child outside Great Britain
- 78Persons who are not persons with care
- Signature
- Schedule: APPEALS: PROCEDURAL MATTERS
- 1Appeal against a decision which has been replaced or revised
- 2Late appeals
- 3Notice of Appeal
- 4Death of a party to an appeal
- Explanatory note