Search Legislation

The Child Support Maintenance (Changes to Basic Rate Calculation and Minimum Amount of Liability) Regulations 2012

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Instruments

2012 No. 2678

Family Law

Child Support

The Child Support Maintenance (Changes to Basic Rate Calculation and Minimum Amount of Liability) Regulations 2012

Made

23rd October 2012

Coming into force in accordance with regulation 1

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 52(4) of, and paragraph 10A(1) of Schedule 1 to, the Child Support Act 1991(1):

A draft of this instrument was laid before and approved by a resolution of each House of Parliament in accordance with section 52(2)(2) of that Act.

Citation and commencement

1.—(1) These Regulations may be cited as the Child Support Maintenance (Changes to Basic Rate Calculation and Minimum Amount of Liability) Regulations 2012 and shall come into force as set out below.

(2) This regulation comes into force on the day on which paragraph 3 of Schedule 4 to the Child Maintenance and Other Payments Act 2008(3) comes into force for the first time.

(3) Regulation 2 (change to calculation of the basic rate) comes into force in relation to a particular case on the day on which paragraph 3 of Schedule 4 to the Child Maintenance and Other Payments Act 2008 comes into force in relation to that type of case, immediately after that paragraph comes into force.

(4) Regulation 3 (minimum amount of liability where non-resident parent party to other maintenance arrangement) comes into force in relation to a particular case on the day on which paragraph 5 of Schedule 4 to the Child Maintenance and Other Payments Act 2008 comes into force in relation to that type of case, immediately after that paragraph comes into force.

Change to calculation of the basic rate

2.  In Schedule 1 to the Child Support Act 1991, sub-paragraph (3) of paragraph 2(4) shall have effect as if, for “12%”, “16%” and “19%” in that sub-paragraph, there were substituted “11%”, “14%” and “16%” respectively.

Minimum amount of liability where non-resident parent party to other maintenance arrangement

3.  In Schedule 1 to the Child Support Act 1991, sub-paragraph (2) of paragraph 5A(5) shall have effect as if for “£7” in that sub-paragraph there were substituted “£5”.

Signed by the authority of the Secretary of State for Work and Pensions

Steve Webb

Minister of State

Department for Work and Pensions

23rd October 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations modify the provisions in Schedule 1 to the Child Support Act 1991 (c. 48) (“the 1991 Act”) relating to the calculation of the basic rate of maintenance and the minimum amount of liability where the non-resident parent is party to another maintenance arrangement.

Paragraph 3 of Schedule 4 to the Child Maintenance and Other Payments Act 2008 (c. 6) (“the 2008 Act”) substitutes a new paragraph 2 of Schedule 1 to the 1991 Act. Under paragraph 2, the basic rate is calculated by applying a percentage to the non-resident parent’s gross weekly income. For the purposes of this calculation, paragraph 2(3) provides that, where the non-resident parent has one or more relevant other children, the non-resident parent’s weekly income is reduced by a given percentage.

Where paragraph 3 comes into force in relation to a particular case, regulation 2 provides that paragraph 2(3) of Schedule 1 to the 1991 Act has effect in relation to that case as if, for the percentage reductions of 12% (1 relevant other child), 16% (2 relevant other children) and 19% (3 or more relevant other children), there were substituted the percentages of 11%, 14% and 16% respectively.

Under paragraph 4 of Schedule 1 to the 1991 Act, the flat rate of maintenance is £5 a week and, under other provisions of Schedule 1, the minimum amount of liability for various purposes is also £5 a week.

Paragraph 5 of Schedule 4 to the 2008 Act inserts a new paragraph 5A into Schedule 1 of the 1991 Act. Paragraph 5A provides that, where a non-resident parent is party to another maintenance agreement, the minimum amount of liability is £7 a week (however, it is proposed that, on the initial commencement of paragraph 5 of Schedule 4, the flat rate of maintenance and the minimum amount of liability will be £5 a week).

Where paragraph 5 comes into force in relation to a particular case, regulation 3 provides that paragraph 5A(2) of Schedule 1 to the 1991 Act has effect in relation to that case as if for the figure of £7 there were substituted the figure of £5. The net effect is that the minimum amount of liability under paragraph 5A is £5 a week.

A full impact assessment has not been published for this instrument as it has no impact on the private sector or civil society organisations.

(1)

1991 c. 48. Schedule 1 was substituted by the Child Support, Pensions and Social Security Act 2000 (c. 19), section 1(3); paragraph 10A(1) was amended by the Child Maintenance and Other Payments Act 2008 (c. 6) (”the 2008 Act”), Schedule 7, paragraph 1(30).

(2)

Section 52(2) was substituted by the Child Support, Pensions and Social Security Act 2000 (c. 19), section 25.

(4)

1991 c. 48. Paragraph 2 was substituted by the 2008 Act, Schedule 4, paragraph 3.

(5)

Paragraph 5A was inserted by the 2008 Act, Schedule 4, paragraph 5.

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

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