Search Legislation

Advanced Search

The Child Support Maintenance Calculation Regulations 2012

Changes to legislation:

There are currently no known outstanding effects for the The Child Support Maintenance Calculation Regulations 2012. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

  1. Introductory Text

  2. PART 1 GENERAL

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 2A.Use of electronic communications

    4. 3.Meaning of “calculation decision”

    5. 4.Meaning of “latest available tax year”

    6. 5.Calculation – information applicable

    7. 6.Rounding

    8. 7.Service of documents

    9. 8.Authorisation of representative

  3. PART 2 APPLICATION FOR A MAINTENANCE CALCULATION

    1. 9.Applications under section 4 or 7 of the 1991 Act

    2. 10.Multiple applications

    3. 11.Notice of application

  4. PART 3 DECISION MAKING

    1. CHAPTER 1 MAKING THE MAINTENANCE CALCULATION

      1. 12.Initial effective date

      2. 13.Effect of variation applied for before a maintenance calculation is made

    2. CHAPTER 2 REVISION

      1. 14.Grounds for revision

      2. 14A.Consideration of revision before appeal

      3. 15.Late application for a revision

      4. 16.Effective date of a revision

    3. CHAPTER 3 SUPERSESSION

      1. 17.Grounds for supersession

      2. 18.Effective dates for supersession decisions

    4. CHAPTER 4 UPDATING GROSS WEEKLY INCOME

      1. 19.Setting the review date

      2. 20.Updating gross weekly income at the review date

      3. 21.Updating unearned income at the review date

      4. 22.Periodic current income check

      5. 23.25% tolerance for changes outside annual review or periodic current income check

    5. CHAPTER 5 NOTIFICATION OF DECISIONS

      1. 24.Notification – general

      2. 25.Notification of a maintenance calculation

      3. 26.Notification of a revision or supersession

      4. 27.Notification of cessation of a maintenance calculation

    6. Chapter5A Accidental errors

      1. 27A.Correction of accidental errors

    7. CHAPTER 6 MISCELLANEOUS MATTERS RELATING TO APPEALS

      1. 28.Decisions involving issues that arise on appeal in other cases

      2. 29.Child support appeals involving issues that arise in other cases

      3. 30.Tribunal decision made pending outcome of a related appeal

      4. 31.Supersession of tribunal decision made in error due to misrepresentation etc.

      5. 32.Supersession of look alike case where law reinterpreted by the Upper Tribunal or a court

      6. 33.Procedural matters relating to appeals

  5. PART 4 THE MAINTENANCE CALCULATION RULES

    1. CHAPTER 1 DETERMINATION OF GROSS WEEKLY INCOME

      1. 34.The general rule for determining gross weekly income

      2. 35.Historic income – general

      3. 36.Historic income – the HMRC figure

      4. 37.Current income – general

      5. 38.Current income as an employee or office-holder

      6. 39.Current income from self-employment

      7. 40.Deduction for pension contributions relievable at source

      8. 41.Current income from a pension

      9. 42.Estimate of current income where insufficient information available

    2. CHAPTER 2 RATES OF CHILD SUPPORT MAINTENANCE

      1. 43.Reduced Rate

      2. 44.Flat Rate

      3. 45.Nil rate

      4. 46.Decrease for shared care

      5. 47.Assumption as to number of nights of shared care

      6. 48.Non-resident parent party to another maintenance arrangement

    3. CHAPTER 3 DEFAULT MAINTENANCE DECISIONS

      1. 49.Default rate

    4. CHAPTER 4 SPECIAL CASES

      1. 50.Parent treated as a non-resident parent in shared care cases

      2. 51.Child in care who is allowed to live with their parent

      3. 52.Non-resident parent liable to maintain a child of the family or a child abroad

      4. 53.Care provided in part by a local authority

      5. 54.Care provided for relevant other child by a local authority

      6. 55.Child who is a boarder or an in-patient in hospital

  6. PART 5 VARIATIONS

    1. CHAPTER 1 GENERAL

      1. 56.Application for a variation

      2. 57.Rejection of an application following preliminary consideration

      3. 58.Provision of information

      4. 59.Procedure in relation to a variation

      5. 60.Factors not taken into account for the purposes of section 28F

      6. 61.Procedure on revision or supersession of a previously determined variation

      7. 62.Regular payments condition

    2. CHAPTER 2 GROUNDS FOR VARIATION: SPECIAL EXPENSES

      1. 63.Contact costs

      2. 64.Illness or disability of relevant other child

      3. 65.Prior debts

      4. 66.Boarding school fees

      5. 67.Payments in respect of certain mortgages, loans or insurance policies

      6. 68.Thresholds

    3. CHAPTER 3 GROUNDS FOR VARIATION: ADDITIONAL INCOME

      1. 69.Non-resident parent with unearned income

      2. 69A.Assets exceeding a prescribed value

      3. 70.Non-resident parent on a flat rate or nil rate with gross weekly income

      4. 71.Diversion of income

    4. CHAPTER 4 EFFECT OF VARIATION ON THE MAINTENANCE CALCULATION

      1. 72.Effect on the maintenance calculation – special expenses

      2. 73.Effect on the maintenance calculation – additional income grounds

      3. 74.Effect on maintenance calculation – general

      4. 75.Situations in which a variation previously agreed to may be taken into account in calculating maintenance liability

  7. PART 6 MEANING OF TERMS IN THE 1991 ACT

    1. 76.Meaning of “child” for the purposes of the 1991 Act

    2. 77. Meaning of “relevant other child” for the purposes of the 1991 Act

    3. 78.Persons who are not persons with care

  8. Signature

    1. SCHEDULE 1

      Electronic Communications

      1. PART 1 Use of Electronic Communications

        1. 1.Use of electronic communications

        2. 2.Conditions for the use of electronic communications

        3. 3.Use of intermediaries

      2. PART 2 Evidential provisions

        1. 4.Proof of delivery

        2. 5.Proof of identity

        3. 6.Proof of content

        4. 7.Interpretation

    2. SCHEDULE 2

      APPEALS: PROCEDURAL MATTERS

      1. 1.Appeal against a decision which has been replaced or revised

      2. 2.Late appeals

      3. 3.Notice of Appeal

      4. 4.Death of a party to an appeal

  10. Explanatory Note

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources