Paragraph 5 Flat rate maintenanceF1

This sub-paragraph applies where the beneficiary and his partner are each liable to pay maintenance at a flat rate in accordance with paragraph 4(2) of Schedule 1 to the Act and either of them has been awarded income supportF2, state pension creditF3, income-based jobseeker's allowance or income-related employment and support allowance.

Where sub-paragraph (1) applies, an amount not exceeding F4the flat rate of maintenance F5and any fee may be deducted in respect of the sum of both partners' liability to pay maintenance F6and any fee, in the proportions described in regulation 4(3) of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 F7or regulation 44(3) of the Child Support Maintenance Calculation Regulations 2012 and shall be paid in discharge (in whole or in part) of the respective liabilities to pay maintenance F8or retained in discharge of any liability to pay a fee.