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The Child Support Maintenance Calculation Regulations 2012

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2012, ISBN 9780111526132

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

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

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

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

  1. Part 1: GENERAL
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Meaning of “calculation decision”
  5. 4Meaning of “latest available tax year”
  6. 5Calculation – information applicable
  7. 6Rounding
  8. 7Service of documents
  9. 8Authorisation of representative
  10. Part 2: APPLICATION FOR A MAINTENANCE CALCULATION
  11. 9Applications under section 4 or 7 of the 1991 Act
  12. 10Multiple applications
  13. 11Notice of application
  14. Part 3: DECISION MAKING
  15. Chapter 1: MAKING THE MAINTENANCE CALCULATION
  16. 12Initial effective date
  17. 13Effect of variation applied for before a maintenance calculation is made
  18. Chapter 2: REVISION
  19. 14Grounds for revision
  20. 15Late application for a revision
  21. 16Effective date of a revision
  22. Chapter 3: SUPERSESSION
  23. 17Grounds for supersession
  24. 18Effective dates for supersession decisions
  25. Chapter 4: UPDATING GROSS WEEKLY INCOME
  26. 19Setting the review date
  27. 20Updating gross weekly income at the review date
  28. 21Updating unearned income at the review date
  29. 22Periodic current income check
  30. 2325% tolerance for changes outside annual review or periodic current income check
  31. Chapter 5: NOTIFICATION OF DECISIONS
  32. 24Notification – general
  33. 25Notification of a maintenance calculation
  34. 26Notification of a revision or supersession
  35. 27Notification of cessation of a maintenance calculation
  36. Chapter 6: MISCELLANEOUS MATTERS RELATING TO APPEALS
  37. 28Decisions involving issues that arise on appeal in other cases
  38. 29Child support appeals involving issues that arise in other cases
  39. 30Tribunal decision made pending outcome of a related appeal
  40. 31Supersession of tribunal decision made in error due to misrepresentation etc.
  41. 32Supersession of look alike case where law reinterpreted by the Upper Tribunal or a court
  42. 33Procedural matters relating to appeals
  43. Part 4: THE MAINTENANCE CALCULATION RULES
  44. Chapter 1: DETERMINATION OF GROSS WEEKLY INCOME
  45. 34The general rule for determining gross weekly income
  46. 35Historic income – general
  47. 36Historic income – the HMRC figure
  48. 37Current income – general
  49. 38Current income as an employee or office-holder
  50. 39Current income from self-employment
  51. 40Deduction for pension contributions relievable at source
  52. 41Current income from a pension
  53. 42Estimate of current income where insufficient information available
  54. Chapter 2: RATES OF CHILD SUPPORT MAINTENANCE
  55. 43Reduced Rate
  56. 44Flat Rate
  57. 45Nil rate
  58. 46Decrease for shared care
  59. 47Assumption as to number of nights of shared care
  60. 48Non-resident parent party to another maintenance arrangement
  61. Chapter 3: DEFAULT MAINTENANCE DECISIONS
  62. 49Default rate
  63. Chapter 4: SPECIAL CASES
  64. 50Parent treated as a non-resident parent in shared care cases
  65. 51Child in care who is allowed to live with their parent
  66. 52Non-resident parent liable to maintain a child of the family or a child abroad
  67. 53Care provided in part by a local authority
  68. 54Care provided for relevant other child by a local authority
  69. 55Child who is a boarder or an in-patient in hospital
  70. Part 5: VARIATIONS
  71. Chapter 1: GENERAL
  72. 56Application for a variation
  73. 57Rejection of an application following preliminary consideration
  74. 58Provision of information
  75. 59Procedure in relation to a variation
  76. 60Factors not taken into account for the purposes of section 28F
  77. 61Procedure on revision or supersession of a previously determined variation
  78. 62Regular payments condition
  79. Chapter 2: GROUNDS FOR VARIATION: SPECIAL EXPENSES
  80. 63Contact costs
  81. 64Illness or disability of relevant other child
  82. 65Prior debts
  83. 66Boarding school fees
  84. 67Payments in respect of certain mortgages, loans or insurance policies
  85. 68Thresholds
  86. Chapter 3: GROUNDS FOR VARIATION: ADDITIONAL INCOME
  87. 69Non-resident parent with unearned income
  88. 70Non-resident parent on a flat rate or nil rate with gross weekly income
  89. 71Diversion of income
  90. Chapter 4: EFFECT OF VARIATION ON THE MAINTENANCE CALCULATION
  91. 72Effect on the maintenance calculation – special expenses
  92. 73Effect on the maintenance calculation – additional income grounds
  93. 74Effect on maintenance calculation – general
  94. 75Situations in which a variation previously agreed to may be taken into account in calculating maintenance liability
  95. Part 6: MEANING OF TERMS IN THE 1991 ACT
  96. 76Meaning of “child” for the purposes of the 1991 Act
  97. 77Relevant other child outside Great Britain
  98. 78Persons who are not persons with care
  99. Signature
  100. Schedule: APPEALS: PROCEDURAL MATTERS
  101. 1Appeal against a decision which has been replaced or revised
  102. 2Late appeals
  103. 3Notice of Appeal
  104. 4Death of a party to an appeal
  105. Explanatory note