The Child Support (Miscellaneous Amendments) Regulations 1993

Amendment of regulation 28 of the Maintenance Assessments and Special Cases Regulations and insertion of Schedule 5

26.—(1) In paragraph (1) of regulation 28 of the Maintenance Assessments and Special Cases Regulations–

(a) in sub-paragraph (b), after the words “(income support family premium)” there shall be inserted the words “and does not have day to day care of any child (whether or not a relevant child)”; and

(b) in sub-paragraph (c), for the words “he does not satisfy the conditions for entitlement to” there shall be substituted the words “his income does not include”.

(2) After paragraph (2) of that regulation there shall be inserted the following paragraphs–

“(3) Subject to paragraph (4), where an absent parent is liable under section 43 of the Act and this regulation to make payments in place of payments of child support maintenance with respect to two or more qualifying children in relation to whom there is more than one person with care, the prescribed amount mentioned in paragraph (2) shall be apportioned between the persons with care in the same ratio as the maintenance requirements of the qualifying child or children in relation to each of those persons with care bear to each other.

(4) If, in making the apportionment required by paragraph (3), the effect of the application of regulation 2(2) would be such that the aggregate amount payable would be different from the amount prescribed in paragraph (2) the Secretary of State shall adjust that apportionment so as to eliminate that difference; and that adjustment shall be varied from time to time so as to secure that, taking one week with another and so far as is practicable, each person with care receives the amount which she would have received if no adjustment had been made under this paragraph.

(5) The provisions of Schedule 5 shall have effect in relation to cases to which section 43 of the Act and this regulation apply.”.

(3) After Schedule 4 to the Maintenance Assessments and Special Cases Regulations there shall be inserted the Schedule set out in the Schedule to these Regulations.