Child Maintenance and Other Payments Act 2008 (c. 6)

SCHEDULES

Section 16

SCHEDULE 4 E+W+S Changes to the calculation of maintenance

Introductory E+W+S

1 E+W+S Part 1 of Schedule 1 to the Child Support Act 1991 (c. 48) (calculation of weekly amount of child support maintenance) is amended as follows.

Commencement Information

I1 Sch. 4 para. 1 in force; Sch. 4 para. 1 not in force at Royal Assent see s. 62; Sch. 4 para. 1 in force for certain purposes at 8.10.2012 by S.I. 2012/2523, art. 2(2)(a); Sch. 4 para. 1 in force for certain further purposes at 10/12/2012 by S.I. 2012/3042, art. 2(a)

I2 Sch. 4 para. 1 in force at 29.7.2013 for specified purposes by S.I. 2013/1860, arts. 2(a), 3 (with arts. 5, 7) (as amended (24.6.2014) by S.I. 2014/1635, art. 7)

I3 Sch. 4 para. 1 in force at 25.11.2013 in so far as not already in force by S.I. 2013/2947, art. 2(a) (with arts. 3-5)

Calculation by reference to gross weekly income E+W+S

2 E+W+S In Part 1 (under which the weekly amount of child support maintenance payable is calculated by reference to the non-resident parent's net weekly income), for “net”, in each place where it occurs, substitute “ gross ”.

Commencement Information

I4 Sch. 4 para. 2 partly in force; Sch. 4 para. 2 not in force at Royal Assent see s. 62; Sch. 4 para. 2 in force for certain purposes at 8.10.2012 by S.I. 2012/2523, art. 2(2)(b); Sch. 4 para. 2 in force for certain further purposes at 10/12/2012 by S.I. 2012/3042, art. 2(b)

I5 Sch. 4 para. 2 in force at 29.7.2013 for specified purposes by S.I. 2013/1860, arts. 2(b), 3 (with arts. 5, 7) (as amended (24.6.2014) by S.I. 2014/1635, art. 7)

I6 Sch. 4 para. 2 in force at 25.11.2013 in so far as not already in force by S.I. 2013/2947, art. 2(a) (with arts. 3-5)

Change to basic rate E+W+S

3 E+W+S For paragraph 2 (basic rate) substitute—

“2 (1) Subject to sub-paragraph (2), the basic rate is the following percentage of the non-resident parent's gross weekly income—

• 12% where the non-resident parent has one qualifying child;

• 16% where the non-resident parent has two qualifying children;

• 19% where the non-resident parent has three or more qualifying children.

(2) If the gross weekly income of the non-resident parent exceeds £800, the basic rate is the aggregate of the amount found by applying sub-paragraph (1) in relation to the first £800 of that income and the following percentage of the remainder—

• 9% where the non-resident parent has one qualifying child;

• 12% where the non-resident parent has two qualifying children;

• 15% where the non-resident parent has three or more qualifying children.

(3) If the non-resident parent also has one or more relevant other children, gross weekly income shall be treated for the purposes of sub-paragraphs (1) and (2) as reduced by the following percentage—

• 12% where the non-resident parent has one relevant other child;

• 16% where the non-resident parent has two relevant other children;

• 19% where the non-resident parent has three or more relevant other children.”

Commencement Information

I7 Sch. 4 para. 3 partly in force; Sch. 4 para. 3 not in force at Royal Assent see s. 62; Sch. 4 para. 3 in force for certain purposes at 10/12/2012 by S.I. 2012/3042, art. 2(b)

I8 Sch. 4 para. 3 in force at 29.7.2013 for specified purposes by S.I. 2013/1860, arts. 2(b), 3 (with arts. 5, 7) (as amended (24.6.2014) by S.I. 2014/1635, art. 7)

I9 Sch. 4 para. 3 in force at 25.11.2013 in so far as not already in force by S.I. 2013/2947, art. 2(a) (with arts. 3-5)

Increase in flat rate and minimum amounts of liability E+W+S

4 E+W+S In the following provisions, for “£5” substitute “ £7 ”

(a) paragraph 3(3) (minimum amount of liability in the case of reduced rate);

(b) paragraph 4(1) (amount of flat rate of liability);

(c) paragraph 7(7) (minimum amount of liability in the case of basic and reduced rates where reduction because of shared care applies).

Commencement Information

I10 Sch. 4 para. 4 in force at 25.11.2013 in so far as not already in force by S.I. 2013/2947, art. 2(a) (with arts. 3-5)

Applicable rate where non-resident parent party to other maintenance arrangement E+W+S

5 (1) In paragraph 1(1) (under which the weekly rate of child support maintenance is the basic rate unless a reduced rate, a flat rate or a nil rate applies), at the beginning insert “ Subject to paragraph 5A, ”. E+W+S

(2) After paragraph 5 insert—

“Non-resident parent party to other maintenance arrangement E+W+S

5A (1) This paragraph applies where—

(a) the non-resident parent is a party to a qualifying maintenance arrangement with respect to a child of his who is not a qualifying child, and

(b) the weekly rate of child support maintenance apart from this paragraph would be the basic rate or a reduced rate or calculated following agreement to a variation where the rate would otherwise be a flat rate or the nil rate.

(2) The weekly rate of child support maintenance is the greater of £7 and the amount found as follows.

(3) First, calculate the amount which would be payable if the non-resident parent's qualifying children also included every child with respect to whom the non-resident parent is a party to a qualifying maintenance arrangement.

(4) Second, divide the amount so calculated by the number of children taken into account for the purposes of the calculation.

(5) Third, multiply the amount so found by the number of children who, for purposes other than the calculation under sub-paragraph (3), are qualifying children of the non-resident parent.

(6) For the purposes of this paragraph, the non-resident parent is a party to a qualifying maintenance arrangement with respect to a child if the non-resident parent is—

(a) liable to pay maintenance or aliment for the child under a maintenance order, or

(b) a party to an agreement of a prescribed description which provides for the non-resident parent to make payments for the benefit of the child,

and the child is habitually resident in the United Kingdom.”

Modifications etc. (not altering text)

C1 Sch. 4 para. 5 partly in force; Sch. 4 para. 5 not in force at Royal Assent see s. 62; Sch. 4 para. 5(2) in force for certain purposes at 8.10.12 by S.I. 2012/2523, art. 2(2)(b); Sch. 4 para. 5 in force for certain further purposes at 10.12.2012 by S.I. 2012/3042, art. 2(b)

Commencement Information

I11 Sch. 4 para. 5 in force at 29.7.2013 for specified purposes by S.I. 2013/1860, arts. 2(b), 3 (with arts. 5, 7) (as amended (24.6.2014) by S.I. 2014/1635, art. 7)

I12 Sch. 4 para. 5 in force at 25.11.2013 in so far as not already in force by S.I. 2013/2947, art. 2(a) (with arts. 3-5)

Shared care E+W+S

6 E+W+S In paragraph 7(2) (circumstances in which decrease for shared care applies in cases where child support maintenance is payable at the basic rate or a reduced rate), for “If the care of a qualifying child is shared” substitute “ If the care of a qualifying child is, or is to be, shared ”.

Commencement Information

I13 Sch. 4 para. 6 partly in force; Sch. 4 para. 6 not in force at Royal Assent see s. 62; Sch. 4 para. 6 in force for certain purposes at 10/12/2012 by S.I. 2012/3042, art. 2(b)

I14 Sch. 4 para. 6 in force at 29.7.2013 for specified purposes by S.I. 2013/1860, arts. 2(b), 3 (with arts. 5, 7) (as amended (24.6.2014) by S.I. 2014/1635, art. 7)

I15 Sch. 4 para. 6 in force at 25.11.2013 in so far as not already in force by S.I. 2013/2947, art. 2(a) (with arts. 3-5)

7 E+W+S In paragraph 8(2) (circumstances in which decrease for shared care applies in cases where child support maintenance payable at a flat rate), for “If the care of a qualifying child is shared” substitute “ If the care of a qualifying child is, or is to be, shared ”.

Commencement Information

I16 Sch. 4 para. 7 partly in force; Sch. 4 para. 7 not in force at Royal Assent see s. 62; Sch. 4 para. 7 in force for certain purposes at 8.10.12 by S.I. 2012/2523, art. 2(2)(b); Sch. 4 para. 7 in force for certain further purposes at 10.12.2012 by S.I. 2012/3042, art. 2(b)

I17 Sch. 4 para. 7 in force at 29.7.2013 for specified purposes by S.I. 2013/1860, arts. 2(b), 3 (with arts. 5, 7) (as amended (24.6.2014) by S.I. 2014/1635, art. 7)

I18 Sch. 4 para. 7 in force at 25.11.2013 in so far as not already in force by S.I. 2013/2947, art. 2(a) (with arts. 3-5)

8 (1) In paragraph 9 (regulations about shared care), the existing provision becomes sub-paragraph (1). E+W+S

(2) In that sub-paragraph, before paragraph (a) insert—

“(za) for how it is to be determined whether the care of a qualifying child is to be shared as mentioned in paragraph 7(2);”.

(3) In that sub-paragraph, after paragraph (b) insert—

“(ba) for how it is to be determined how many nights count for those purposes;”.

(4) After that sub-paragraph insert—

“(2) Regulations under sub-paragraph (1)(ba) may include provision enabling the [F1 Secretary of State] to proceed for a prescribed period on the basis of a prescribed assumption.”

Textual Amendments

F1 Words in Sch. 4 para. 8(4) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 3(2), Sch. para. 95(2)

Commencement Information

I19 Sch. 4 para. 8 partly in force; Sch. 4 para. 8 not in force at Royal Assent see s. 62(3); Sch. 4 para. 8 in force for certain purposes at 8.10.2012 by S.I. 2012/2523, art. 2(b); Sch. 4 para. 8 in force for certain further purposes at 10.12.2012 by S.I. 2012/3042, art. 2(b) (with art. 5)

I20 Sch. 4 para. 8 in force at 29.7.2013 for specified purposes by S.I. 2013/1860, arts. 2(b), 3 (with arts. 5, 7) (as amended (24.6.2014) by S.I. 2014/1635, art. 7)

I21 Sch. 4 para. 8 in force at 25.11.2013 in so far as not already in force by S.I. 2013/2947, art. 2(a) (with arts. 3-5)

Weekly income E+W+S

9 E+W+S In paragraph 10 (which confers power to make regulations about the manner in which weekly income is to be determined), for sub-paragraph (2) substitute—

“(2) The regulations may, in particular—

(a) provide for determination in prescribed circumstances by reference to income of a prescribed description in a prescribed past period;

(b) provide for the [F2 Secretary of State] to estimate any income or make an assumption as to any fact where, in [F3 Secretary of State's] view, the information at [F3 Secretary of State's] disposal is unreliable or insufficient, or relates to an atypical period in the life of the non-resident parent.”

Textual Amendments

F2 Words in Sch. 4 para. 9 substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 3(2), Sch. para. 95(3)

F3 Words in Sch. 4 para. 9 substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 3(2), Sch. para. 95(3)

Commencement Information

I22 Sch. 4 para. 9 partly in force; Sch. 4 para. 9 not in force at Royal Assent see s. 62(3); Sch. 4 para. 9 in force for certain purposes at 8.10.2012 by S.I. 2012/2523, art. 2(b); Sch. 4 para. 9 in force for certain further purposes at 10.12.2012 by S.I. 2012/3042, art. 2(b) (with art. 5)

I23 Sch. 4 para. 9 in force at 29.7.2013 for specified purposes by S.I. 2013/1860, arts. 2(b), 3 (with arts. 5, 7) (as amended (24.6.2014) by S.I. 2014/1635, art. 7)

I24 Sch. 4 para. 9 in force at 25.11.2013 in so far as not already in force by S.I. 2013/2947, art. 2(a) (with arts. 3-5)

10 E+W+S In paragraph 10(3) (under which weekly income over £2,000 is to be ignored for the purposes of Schedule 1), for “£2,000” substitute “ £3,000 ”.

Commencement Information

I25 Sch. 4 para. 10 partly in force; Sch. 4 para. 106 not in force at Royal Assent see s. 62; Sch. 4 para. 10 in force for certain purposes at 10/12/2012 by S.I. 2012/3042, art. 2(b)

I26 Sch. 4 para. 10 in force at 29.7.2013 for specified purposes by S.I. 2013/1860, arts. 2(b), 3 (with arts. 5, 7) (as amended (24.6.2014) by S.I. 2014/1635, art. 7)

I27 Sch. 4 para. 10 in force at 25.11.2013 in so far as not already in force by S.I. 2013/2947, art. 2(a) (with arts. 3-5)