OpenLegislation

Paragraph 6 Flat rate maintenance (polygamous marriage)F1

England, Wales and Scotland

(1)

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

(2)

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 all the members' 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.

(3)

In this paragraph “polygamous marriage” means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy.

Annotations

Textual amendments

F1

Sch. 9B inserted (31.1.2001) by The Social Security (Claims and Payments) Amendment Regulations 2001 (S.I. 2001/18), regs. 1(1), 2(b), Sch. (with reg. 3)

F2

Words in Sch. 9B para. 6(1) inserted (7.4.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(a), 14(3)

F3

Words in Sch. 9B para. 6(1) substituted (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 28(5)

F4

Words in Sch. 9B para. 6(2) substituted (25.11.2013) by The Child Support and Claims and Payments (Miscellaneous Amendments and Change to the Minimum Amount of Liability) Regulations 2013 (S.I. 2013/1654), reg. 1(2)(3), 3(a)

F5

Words in Sch. 9B para. 6(2) inserted (12.8.2014) by The Child Support Fees Regulations 2014 (S.I. 2014/612), regs. 1(4), 14(7)(a)

F6

Words in Sch. 9B para. 6(2) inserted (12.8.2014) by The Child Support Fees Regulations 2014 (S.I. 2014/612), regs. 1(4), 14(7)(b)

F7

Words in Sch. 9B para. 6(2) inserted (25.11.2013) by The Child Support and Claims and Payments (Miscellaneous Amendments and Change to the Minimum Amount of Liability) Regulations 2013 (S.I. 2013/1654), reg. 1(2)(3), 3(b)

F8

Words in Sch. 9B para. 6(2) inserted (12.8.2014) by The Child Support Fees Regulations 2014 (S.I. 2014/612), regs. 1(4), 14(7)(c)

Notes on the whole SI

Textual amendments

F1

Words in Instrument substituted (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), Sch. 6 para. 1 (with reg. 3(1)(b), Schs. 21-23)