# The Child Support (Miscellaneous Amendments)(No. 2) Regulations 2003, Regulation 6: Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000


(1) The Child Support (Maintenance Calculations and Special Cases) Regulations 2000 shall be amended in accordance with the following paragraphs.
(2) In regulation 1(2) (citation, commencement and interpretation)—
(a) in the definition of “home”, for “a residential care home or a nursing home” substitute “a care home or an independent hospital or the provision of a care home service or an independent health care service”;
(b) omit the definitions of “nursing home” and “residential care home”;
(c) after the definition of “the Act” insert—
““care home” has the meaning assigned to it by section 3 of the Care Standards Act 2000;
“care home service” has the meaning assigned to it by section 2(3) of the Regulation of Care (Scotland) Act 2001;”;
(d) after the definition of “Income Support Regulations” insert—
““independent health care service” has the meaning assigned to it by section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001;
“independent hospital” has the meaning assigned to it by section 2 of the Care Standards Act 2000;”;
(e) in the definition of “occupational pension scheme” after “1988” add “or is a statutory scheme to which section 594 of that Act applies”;
(f) for the definition of “training allowance” substitute—
““training allowance” means a payment under section 2 of the Employment and Training Act 1973 (“the 1973 Act”), or section 2 of the Enterprise and New Towns (Scotland) Act 1990 (“the 1990 Act”), which is paid—
(a) to a person for his maintenance; and
(b) in respect of a period during which that person—
(i) is undergoing training pursuant to arrangements made under section 2 of the 1973 Act or section 2 of the 1990 Act; and
(ii) has no net weekly income of a type referred to in Part II or Part III of the Schedule;”; and
(g) after the definition of “training allowance” insert—
““war widow’s pension” means any pension or allowance payable for a widow which is—
(a) granted in respect of a death due to service or war injury and payable by virtue of the Air Force (Constitution) Act 1917, the Personal Injuries (Emergency Provisions) Act 1939, the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939, the Polish Resettlement Act 1947 or Part VII or section 151 of the Reserve Forces Act 1980;
(b) payable under so much of any Order in Council, Royal Warrant, order or scheme as relates to death due to service in the armed forces of the Crown, wartime service in the merchant navy or war injuries;
(c) payable in respect of death due to peacetime service in the armed forces of the Crown before 3rd September 1939, and payable at rates, and subject to conditions, similar to those of a pension within sub-paragraph (b); or
(d) payable under the law of a country other than the United Kingdom and of a character substantially similar to a pension within sub-paragraph (a), (b) or (c),
and “war widower’s pension” shall be construed accordingly;”.
(3) In regulation 4(1) (flat rate)—
(a) in sub-paragraph (e), omit “or war widow’s pension”; and
(b) after sub-paragraph (e) add—
“and
(f) a war widow’s pension or a war widower’s pension.”.
(4) In regulation 5 (nil rate), in paragraph (f), for “in a residential care home or nursing home” substitute “who is resident in a care home or an independent hospital or is being provided with a care home service or an independent health care service”.
(5) In regulation 11 (non-resident parent liable to pay maintenance under a maintenance order)—
(a) in paragraph (3) after “applies,” insert “subject to paragraph (5),”; and
(b) after paragraph (4) add—
“(5) If the application of paragraph (3) would decrease the weekly amount of child support maintenance (or the aggregate of all such amounts) payable by the non-resident parent to the person with care (or all of them) to an amount which is less than a figure equivalent to the flat rate of child support maintenance payable under paragraph 4(1) of Schedule 1 to the Act, the non-resident parent shall instead be liable to pay child support maintenance at a rate equivalent to that flat rate apportioned (if appropriate) as provided in paragraph 6 of Schedule 1 to the Act.”.

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Source: https://www.legislation.gov.uk/ukdsi/2003/0110474759/regulation/6 (the official version)
Page: https://openlegislation.uk/draft-child-support-miscellaneous-amendmentsno-2-regulations-2003/regulation-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.