The Child Support (Maintenance Assessments and Special Cases) Regulations 1992

Eligible housing costs for the purposes of determining exempt income and protected income

1.  Subject to the following provisions of this Schedule, [F1 the following amounts payable] in respect of the provision of a home shall be eligible to be taken into account as housing costs for the purposes of these Regulations—

(a) [F2 amounts payable by way of] rent;

[F3 (b) amounts payable by way of mortgage interest;]

(c) [F4 amounts payable by way of interest] under a hire purchase agreement to buy a home;

(d) [F4 amounts payable by way of interest] on loans for repairs and improvements to the home[F5 , including interest on a loan for any service charge imposed to meet the cost of such repairs and improvements;]

(e) [F6 amounts payable] by way of ground rent or in Scotland, [F6 amounts payable] by way of feu duty;

(f) [F6 amounts payable] under a co-ownership scheme;

(g) [F6 amounts payable] in respect of, or in consequence of, the use and occupation of the home;

(h) where the home is a tent, [F6 amounts payable] in respect of the tent and the site on which it stands;

(i) [F6 amounts payable] in respect of a licence or permission to occupy the home (whether or not board is provided);

(j) [F6 amounts payable] by way of mesne profits or, in Scotland, violent profits;

(k) [F7 amounts payable by way of] service charges, the payment of which is a condition on which the right to occupy the home depends;

(l) [F8 amounts payable] under or relating to a tenancy or licence of a Crown tenant;

(m) mooring charges payable for a houseboat;

(n) where the home is a caravan or a mobile home, [F9 amounts payable] in respect of the site on which it stands;

(o) any contribution payable by a parent resident in an almshouse provided by a housing association which is either a charity of which particulars are entered in the register of charities established under section 4 of the Charities Act 1960 M1 (register of charities) or an exempt charity within the meaning of that Act, which is a contribution towards the cost of maintaining that association’s almshouses and essential services in them;

(p) [F10 amounts payable] under a rental purchase agreement, that is to say an agreement for the purchase of a home under which the whole or part of the purchase price is to be paid in more than one instalment and the completion of the purchase is deferred until the whole or a specified part of the purchase price has been paid;

(q) where, in Scotland, the home is situated on or pertains to a croft within the meaning of section 3(1) of the Crofters (Scotland) Act 1955M2 , the [F11 amount payable] in respect of the croft land;

(r) where the home is provided by an employer (whether under a condition or term in a contract of service or otherwise), [F12 amounts payable] to that employer in respect of the home, including [F13 any amounts deductible by the employer] from the remuneration of the parent in question;

F14 (s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F15 (t) amounts payable in respect of a loan taken out to pay off another loan but only to the extent that it was incurred in respect of amounts eligible to be taken into account as housing costs by virtue of other provisions of this Schedule.]

Textual Amendments

F1 Words in Sch. 3 para. 1 substituted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1997 1998 (S.I. 1998/58), regs. 1(2), 58(2)(a) (with reg. 59)

F2 Words in Sch. 3 para. 1(a) substituted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1997 1998 (S.I. 1998/58), regs. 1(2), 58(2)(b) (with reg. 59)

F3 Sch. 3 para. 1(b) substituted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1997 1998 (S.I. 1998/58), regs. 1(2), 58(2)(c) (with reg. 59)

F4 Words in Sch. 3 para. 1(c)(d) substituted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1997 1998 (S.I. 1998/58), regs. 1(2), 58(2)(d) (with reg. 59)

F5 Words in Sch. 3 para. 1(d) inserted (5.4.1993) by The Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 33(a)

F6 Words in Sch. 3 para. 1(e)(j) substituted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1997 1998 (S.I. 1998/58), regs. 1(2), 58(2)(e) (with reg. 59)

F7 Words in Sch. 3 para. 1(k) substituted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1997 1998 (S.I. 1998/58), regs. 1(2), 58(2)(b) (with reg. 59)

F8 Words in Sch. 3 para. 1(l) substituted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1997 1998 (S.I. 1998/58), regs. 1(2), 58(2)(e) (with reg. 59)

F9 Words in Sch. 3 para. 1(n) substituted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1997 1998 (S.I. 1998/58), regs. 1(2), 58(2)(e) (with reg. 59)

F10 Words in Sch. 3 para. 1(p) substituted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1997 1998 (S.I. 1998/58), regs. 1(2), 58(2)(e) (with reg. 59)

F11 Words in Sch. 3 para. 1(q) substituted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1997 1998 (S.I. 1998/58), regs. 1(2), 58(2)(f) (with reg. 59)

F12 Words in Sch. 3 para. 1(r) substituted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1997 1998 (S.I. 1998/58), regs. 1(2), 58(2)(g)(i) (with reg. 59)

F13 Words in Sch. 3 para. 1(r) substituted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1997 1998 (S.I. 1998/58), regs. 1(2), 58(2)(g)(ii) (with reg. 59)

F14 Sch. 3 para. 1(s) omitted (5.4.1993) by virtue of The Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 33(b)

F15 Sch. 3 para. 1(t) substituted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1997 1998 (S.I. 1998/58), regs. 1(2), 58(2)(h) (with reg. 59)

Marginal Citations

M1 1960 c.58; subsections (8) and (10) of section 4 were amended by section 1(4) and (5) and Schedule 2, Parts I and II of the Education Act 1973 (c.16).

M2 1955 c.21; section 3(1) was amended by section 14 of the Crofting Reform (Scotland) Act 1976 (c.21).