The Child Support (Maintenance Calculation Procedure) Regulations 2000

[^key-deb6c746a834b115d0589daacf9c8b6b]: Sch. I para. 7 inserted (coming into force in accordance with reg. 1(3) of the amending S.I.) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(3), 3(8)

[^key-cb6412b6c9928649efc393e575aadf7b]: Sch. I para. 1 substituted (coming into force in accordance with reg. 1(3) of the amending S.I.) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(3), 3(2)

[^key-d2233fb97ec00c714fa4200ccbb7f921]: Sch. I para. 1A omitted (coming into force in accordance with reg. 1(3) of the amending S.I.) by virtue of The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(3), 3(3)

[^key-ce01162e72325a9c83d35abdec6d4d7a]: Words in Sch. I para. 2 substituted (coming into force in accordance with reg. 1(3) of the amending S.I.) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(3), 3(4)(a)

[^key-57cdfe77d8449764cbd8a018ecb771f3]: Words in Sch. I para. 2(a) inserted (coming into force in accordance with reg. 1(3) of the amending S.I.) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(3), 3(4)(b)

[^key-4941dd1b4791d0e4a574818d7eb5a75a]: Words in Sch. I para. 3 substituted (coming into force in accordance with reg. 1(3) of the amending S.I.) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(3), 3(5)

[^key-af1241807bf61953ce68b79892a339bc]: Words in Sch. I para. 4 substituted (coming into force in accordance with reg. 1(3) of the amending S.I.) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(3), 3(6)

[^key-a1c1a26c9cdcc8611b29664aae7fdde6]: Sch. I para. 6 substituted (coming into force in accordance with reg. 1(3) of the amending S.I.) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(3), 3(7)

[^key-e7606179586fc314914c555aa3e61c47]: Sch. I para. 8 inserted (30.9.2013) by The Child Support (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/1517), regs. 1(2), 7(2)(b)

[^key-9960234512fe8102cd8bc3843a0735df]: Sch. 2 para. 3(15) inserted (30.9.2013) by The Child Support (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/1517), regs. 1(2), 7(3)

[^key-b0180c2397379e0e5a5f47fecb792e71]: Sch. 3 para. 3(15) inserted (30.9.2013) by The Child Support (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/1517), regs. 1(2), 7(4)

[^key-62bc0ca691d66fcbd4c077a28ffe1e91]: Sch. I para. 1 heading substituted (30.9.2013) by The Child Support (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/1517), regs. 1(2), 7(2)(a)

[^key-a497fe1bb5ba4ab39ebb39ad108a634f]: Words in reg. 21(1)(c) inserted (7.11.2017) by The Social Security and Child Support (Care Payments and Tenant Incentive Scheme) (Amendment) Regulations 2017 (S.I. 2017/995), regs. 1, 18(2)

[^M_F_e3089e54-280c-4cb3-f8f5-e3264d53de17]: Reg. 29A inserted (12.7.2006) by The Child Support (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/1520), regs. 1(1), 5

SCHEDULE 3 — MULTIPLE APPLICATIONS—TRANSITIONAL PROVISIONS

No maintenance assessment or calculation in force: more than one application for maintenance by the same person under section 4 ..., or under sections 4 ..., of the former Act and of the Act.

1

• (1) Where an assessment application is made and, before a maintenance assessment under the former Act is made, the applicant makes ...a calculation application under section 4 ... of the Act, with respect to the same person with care or with respect to a non-resident parent who is the absent parent with respect to the assessment application, as the case may be, those applications shall be treated as a single application.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

No maintenance assessment or calculation in force: more than one application for maintenance by a child under section 7 of the former Act and of the Act

2

Where a child makes an assessment application under section 7 of the former Act and, before a maintenance assessment under the former Act is made, makes a calculation application under section 7 of the Act with respect to the same person with care and a non-resident parent who is the absent parent with respect to the assessment application, both applications shall be treated as a single application.

No maintenance assessment or calculation in force: applications by different persons for maintenance

3

• (1) Where the Secretary of State receives more than one application for maintenance with respect to the same person with care and absent parent or non-resident parent, as the case may be, he shall, if no maintenance assessment under the former Act or maintenance calculation under the Act, as the case may be, has been made in relation to any of the applications, determine which application he shall proceed with in accordance with sub-paragraphs (2) to (11).

• (2) Where an application by a person with care is made under section 4 of the former Act or of the Act... and an application is made by an absent parent or non-resident parent under section 4 of the former Act or of the Act, as the case may be, the Secretary of State shall proceed with the application of the person with care.

• (3) Where there is an assessment application by a qualifying child under section 7 of the former Act and a calculation application is made with respect to that child by a person who is, with respect to that child, a person with care or a non-resident parent, the Secretary of State shall proceed with the application of that person with care or non-resident parent, as the case may be.

• (4) Where, in a case falling within sub-paragraph (3), there is made more than one subsequent application, the Secretary of State shall apply the provisions of sub-paragraphs (2), (7), (8) or (10), as appropriate in the circumstances of the case, to determine which application he shall proceed with.

• (5) Where there is an assessment application and a calculation application by more than one qualifying child under section 7 of the former Act or of the Act, in relation to the same person with care and absent parent or non-resident parent, as the case may be, the Secretary of State shall proceed with the application of the elder or, as the case may be, eldest of the qualifying children.

• (6) Where there is one absent parent and one non-resident parent in respect of the same qualifying child and an assessment application and a calculation application is received from each such person respectively, the Secretary of State shall proceed with both applications, treating them as a single application.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) Where—

• (a) a person with care makes an assessment application under section 4 of the former Act and a different person with care makes a calculation application under section 4 of the Act and those applications are in respect of the same qualifying child or qualifying children (whether or not any of those applications is also in respect of other qualifying children);

• (b) each such person has parental responsibility for (or, in Scotland, parental rights over) that child or children; and

• (c) under regulation 20 of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 (“the Maintenance Assessments and Special Cases Regulations”) one of those persons is to be treated as an absent parent or under the provisions of regulation 8 of the Maintenance Calculations and Special Cases Regulations one of those persons is to be treated as a non-resident parent, as the case may be,

the Secretary of State shall proceed with the application of the person who does not fall to be treated as an absent parent under regulation 20 of the Maintenance Assessments and Special Cases Regulations, or as a non-resident parent under regulation 8 of the Maintenance Calculations and Special Cases Regulations, as the case may be.

• (9) Where, in a case falling within sub-paragraph (8), there is more than one person who does not fall to be treated as an absent parent under regulation 20 of the Maintenance Assessments and Special Cases Regulations or as a non-resident parent under regulation 8 of the Maintenance Calculations and Special Cases Regulations, as the case may be, the Secretary of State shall apply the provisions of paragraph (10) to determine which application he shall proceed with.

• (10) Where—

• (a) a person with care makes an assessment application under section 4 of the former Act and a different person with care makes a calculation application under section 4 of the Act and those applications are in respect of the same qualifying child or qualifying children (whether or not any of those applications is also in respect of other qualifying children); and

• (b) either—

• (i) none of those persons has parental responsibility for (or, in Scotland, parental rights over) that child or children; or

• (ii) the case falls within sub-paragraph (8)(b) but the Secretary of State has not been able to determine which application he is to proceed with under the provisions of sub-paragraph (8),

the Secretary of State shall proceed with the application of the principal provider of day to day care, as determined in accordance with sub-paragraph (11).

• (11) For the purposes of sub-paragraph (10), the application of the principal provider is, where—

• (a) the applications are in respect of one qualifying child, the application of that person with care to whom child benefit is paid in respect of that child;

• (b) the applications are in respect of more than one qualifying child, the application of that person with care to whom child benefit is paid in respect of those children;

• (c) the Secretary of State cannot determine which application he is to proceed with under head (a) or (b), the application of that applicant who in the opinion of the Secretary of State is the principal provider of day to day care for the child or children in question.

• (12) Subject to sub-paragraph (13), where, in any case falling within sub-paragraphs (2) to (10), the applications are not in respect of identical qualifying children, the application that the Secretary of State is to proceed with as determined by those sub-paragraphs shall be treated as an application with respect to all of the qualifying children with respect to whom the applications were made.

• (13) Where the Secretary of State is satisfied that the same person with care does not provide the principal day to day care for all of the qualifying children with respect to whom an application would but for the provisions of this paragraph be made under sub-paragraph (12), he shall make separate maintenance assessments under the former Act or maintenance calculations under the Act, as the case may be, in relation to each person with care providing such principal day to day care.

• (14) For the purposes of this paragraph “day to day care” has the same meaning as in the Maintenance Assessments and Special Cases Regulations or the Maintenance Calculations and Special Cases Regulations, as the case may be.

• (15) For the purposes of sub-paragraph (11), where a person has made an election under section 13A(1) of the Social Security Administration Act 1992 (election not to receive child benefit) for payments of child benefit not to be made in respect of a child, that person is to be treated as the person to whom child benefit is being paid in respect of that child.

Maintenance assessment in force: subsequent application with respect to the same persons

4

Where—

• (a) a maintenance assessment is in force under the former Act;

• (b) a calculation application is made ... under the section of the Act which is the same section as the section of the former Act under which the assessment application was made; and

• (c) the calculation application relates to—

• (i) the same person with care and qualifying child or qualifying children as the maintenance assessment; and

• (ii) a non-resident parent who is the absent parent with respect to the maintenance assessment,

the calculation application shall not be proceeded with.

Interpretation

5

In this Schedule, “absent parent”, “former Act” and “maintenance assessment” have the meanings given in regulation 31(8)(a).

Interim effective date where regulation 25, 28 or 29 applies

29A

• (1) Where the Secretary of State has sufficient information to enable him to make a maintenance calculation, but only in respect of a period beginning after the date which would have been the effective date under regulation 25, 28 or 29 (“the original effective date”), the effective date of that calculation (“the interim effective date”) shall, instead, be the first day of the maintenance period after the Secretary of State receives that information

• (2) Where the information referred to in paragraph (1) is that the non-resident parent or his partner has been awarded any benefit, pension or allowance prescribed for the purposes of paragraph 4 of Schedule 1 to the Act (flat rate), the Secretary of State shall be treated as having received the information on the first day in respect of which that benefit, pension or allowance was payable under that award.

• (3) If the Secretary of State subsequently receives sufficient information to enable him to make a maintenance calculation for the period from the original effective date to the interim effective date, that calculation shall have effect for that period.

Effective date where there has been a previous maintenance calculation

29B

• (1) This regulation applies where—

• (a) a maintenance calculation (“the previous maintenance calculation”) has been in force in relation to the non-resident parent, whether or not in respect of the same parent with care; and

• (b) the previous maintenance calculation is no longer in force when the decision as to the maintenance calculation is made.

• (2) Where this regulation applies, the effective date of the maintenance calculation shall be—

• (a) on, or on one of the 6 days immediately following, the effective date as it would have been but for this regulation; and

• (b) on the same day of the week as the day on which the maintenance period in respect of the previous maintenance calculation began.

Transitional provision—effective dates ...

Period for which a person is to be treated as continuing to fall within section 55(1) of the Act

1A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “advanced education” for the purposes of section 55 of the Act

Circumstances in which education is to be treated as full-time education

Interruption of full-time education

Circumstances in which a person who has ceased to receive full-time education is to be treated as continuing to fall within section 55(1) of the Act

Interpretation

Education otherwise than at a recognised educational establishment

7

For the purposes of paragraph 1(2), the Secretary of State may recognise education provided for a person otherwise than at a recognised educational establishment only if satisfied that education was being so provided for that person immediately before that person attained the age of 16.

Conditions prescribed for the purposes of section 55(1)

Person in respect of whom child benefit is payable

8

For the purposes of paragraphs 1(3) and 4(2), a person in respect of whom child benefit is payable includes a person in respect of whom an election has been made under section 13A(1) of the Social Security Administration Act 1992 (election not to receive child benefit) for payments of child benefit not to be made.