# The Child Support Maintenance Calculation Regulations 2012, Regulation 70: Non-resident parent on a flat rate or nil rate with gross weekly income


(1) A case is a case for a variation for the purposes of paragraph 4(1) of Schedule 4B to the 1991 Act where—
(a) the non-resident parent’s liability to pay child support maintenance under a maintenance calculation which is in force or has been applied for is or would be—
(i) the nil rate by virtue of the non-resident parent being one of the persons referred to in paragraph (3); or
(ii) the flat rate by virtue of the non-resident parent receiving a benefit, pension or allowance mentioned in regulation 44(1) (flat rate);
(b) the Secretary of State is satisfied that the non-resident parent has an amount of income that would be taken into account in the maintenance calculation as gross weekly income if sub-paragraph (a) did not apply; and
(c) that income is equal to or more than £100 per week.
(2) Where a variation is agreed to under this regulation, the non-resident parent is treated as having additional income of the amount referred to in paragraph (1)(b).
(3) The persons referred to are—
(a) a child;
(b) a prisoner;
(c) a person receiving an allowance in respect of work-based training for young people, or in Scotland, Skillseekers training;
(d) a person referred to in regulation 45(1)(e) (persons resident in a care home or independent hospital etc.).

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Source: https://www.legislation.gov.uk/ukdsi/2012/9780111526132/regulation/70 (the official version)
Page: https://openlegislation.uk/draft-child-support-maintenance-calculation-regulations-2012/regulation-70
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.