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The Child Support Maintenance Calculation Regulations 2012

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Child Support Maintenance Calculation Regulations 2012 No. 2677

  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Meaning of “calculation decision”

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

    5. 5.Calculation – information applicable

    6. 6.Rounding

    7. 7.Service of documents

    8. 8.Authorisation of representative

  3. PART 2

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

    2. 10.Multiple applications

    3. 11.Notice of application

  4. PART 3

    1. CHAPTER 1

      1. 12.Initial effective date

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

    2. CHAPTER 2

      1. 14.Grounds for revision

      2. 15.Late application for a revision

      3. 16.Effective date of a revision

    3. CHAPTER 3

      1. 17.Grounds for supersession

      2. 18.Effective dates for supersession decisions

    4. CHAPTER 4

      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

      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. CHAPTER 6

      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

    1. CHAPTER 1

      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

      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

      1. 49.Default rate

    4. CHAPTER 4

      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

    1. CHAPTER 1

      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

      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

      1. 69.Non-resident parent with unearned income

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

      3. 71.Diversion of income

    4. CHAPTER 4

      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

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

    2. 77.Relevant other child outside Great Britain

    3. 78.Persons who are not persons with care

  8. Signature

    1. SCHEDULE

      APPEALS: PROCEDURAL MATTERS

  9. Explanatory Note

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