# The Child Support Maintenance Calculation Regulations 2012, Regulation 50: Parent treated as a non-resident parent in shared care cases


(1) Where the circumstances of a case are that—
(a) an application is made by a person with care under section 4 of the 1991 Act; and
(b) the person named in that application as the non-resident parent of the qualifying child also provides a home for that child (in a different household from the applicant) and shares the day to day care of that child with the applicant,
the case is to be treated as a special case for the purposes of the 1991 Act.
(2) For the purposes of this special case, the person mentioned in paragraph (1)(b) is to be treated as the non-resident parent if, and only if, that person provides day to day care to a lesser extent than the applicant.
(3) Where the applicant is receiving child benefit in respect of the qualifying child the applicant is assumed, in the absence of evidence to the contrary, to be providing day to day care to a greater extent than any other person.

---
Source: https://www.legislation.gov.uk/ukdsi/2012/9780111526132/regulation/50 (the official version)
Page: https://openlegislation.uk/draft-child-support-maintenance-calculation-regulations-2012/regulation-50
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.