# The Child Support (Maintenance Calculations and Special Cases) Regulations 2000, Regulation 5: Nil rate


The rate payable is nil where the non-resident parent is—
(a) a student;
(b) a child within the meaning given in section 55(1) of the Act;
(c) a prisoner;
(d) a person who is 16 or 17 years old and—
(i) in receipt of income support or income-based jobseeker’s allowance; or
(ii) a member of a couple whose partner is in receipt of income support or income-based jobseeker’s allowance;
(e) a person receiving an allowance in respect of work-based training for young people, or in Scotland, Skillseekers training;
(f) a person in a residential care home or nursing home who—
(i) is in receipt of a pension, benefit or allowance specified in regulation 4(1) or (2); or
(ii) has the whole or part of the cost of his accommodation met by a local authority;
(g) a patient in hospital who is in receipt of income support whose applicable amount includes an amount under paragraph 1(a) or (b) of Schedule 7 to the Income Support Regulations (patient for more than 6 weeks);
(h) a person in receipt of a benefit specified in regulation 4(1) the amount of which has been reduced in accordance with the provisions of regulations 4(d) and 6 of the Social Security Hospital In-Patients Regulations 1975 (circumstances in which personal benefit is to be adjusted and adjustment of personal benefit after 52 weeks in hospital); or
(i) a person who would be liable to pay the flat rate because he satisfies the description in paragraph 4(1)(c) of Schedule 1 to the Act but his net weekly income, inclusive of—
(aa) any benefit, pension or allowance that he receives which is prescribed for the purposes of paragraph 4(1)(b) of Schedule 1 to the Act; and
(bb) any benefit that he or his partner receives which is prescribed for the purposes of paragraph 4(1)(c) of Schedule 1 to the Act,
is less than £5 a week.

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Source: https://www.legislation.gov.uk/ukdsi/2000/0110188624/regulation/5 (the official version)
Page: https://openlegislation.uk/draft-child-support-maintenance-calculations-and-special-cases-regulations-2000/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.