The Child Support (Maintenance Calculation Procedure) Regulations 2000
PART IGENERAL
Citation, commencement and interpretation1.
(1)
These Regulations may be cited as the Child Support (Maintenance Calculation Procedure) Regulations 2000.
(2)
In these Regulations, unless the context otherwise requires—
“the Act” means the Child Support Act 1991;
“date of notification to the non-resident parent” means the date on which the non-resident parent is first given notice of a maintenance application;
“effective application” means as provided for in regulation 3;
“date of receipt” means the date on which the information or document is actually received;
“effective date” means the date on which a maintenance calculation takes effect for the purposes of the Act;
“notice of a maintenance application” means notice by the Secretary of State under regulation 5(1) that an application for a maintenance calculation has been madeF1... in relation to which the non-resident parent is named as a parent of the child to whom the application relates;
“relevant person” means—
(a)
a person with care;
(b)
a non-resident parent;
(c)
a parent who is treated as a non-resident parent under regulation 8 of the Maintenance Calculations and Special Cases Regulations;
(d)
where the application for a maintenance calculation is made by a child under section 7 of the Act, that child, in respect of whom a maintenance calculation has been applied for, F2... or is or has been in force.
(3)
The provisions in Schedule 1 shall have effect to supplement the meaning of “child” in section 55 of the Act.
(4)
In these Regulations, unless the context otherwise requires, a reference—
(a)
to a numbered Part is to the Part of these Regulations bearing that number;
(b)
to a numbered Schedule is to the Schedule to these Regulations bearing that number;
(c)
to a numbered regulation is to the regulation in these Regulations bearing that number;
(d)
in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number; and
(e)
in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
(5)
Documents2.
Except where otherwise stated, where—
(a)
any document is given or sent to the Secretary of State, that document shall be treated as having been so given or sent on the day that it is received by the Secretary of State; and
(b)
any document is given or sent to any other person, that document shall, if sent by post to that person’s last known or notified address, be treated as having been given or sent on the day that it is posted.
PART IIAPPLICATIONS FOR A MAINTENANCE CALCULATION
Applications under section 4 or 7 of the Act3.
(1)
A person who applies for a maintenance calculation under section 4 or 7 of the Act need not normally do so in writing, but if the Secretary of State directs that the application be made in writing, the application shall be made either by completing and returning, in accordance with the Secretary of State’s instructions, a form provided for that purpose, or in such other written form as the Secretary of State may accept as sufficient in the circumstances of any particular case.
(2)
An application for a maintenance calculation is effective if it complies with paragraph (1) and, subject to paragraph (4), is made on the date it is received.
(3)
Where an application for a maintenance calculation is not effective the Secretary of State may request the person making the application to provide such additional information or evidence as the Secretary of State may specify and, where the application was made on a form, the Secretary of State may request that the information or evidence be provided on a fresh form.
(4)
Where the additional information or evidence requested is received by the Secretary of State within 14 days of the date of his request, or at a later date in circumstances where the Secretary of State is satisfied that the delay was unavoidable, he shall treat the application as made on the date on which the earlier or earliest application would have been treated as made had it been effective.
(5)
Where the Secretary of State receives the additional information or evidence requested by him more than 14 days from the date of the request and in circumstances where he is not satisfied that the delay was unavoidable, the Secretary of State shall treat the application as made on the date of receipt of the information or evidence.
(6)
Subject to paragraph (7), a person who has made an effective application may amend or withdraw the application at any time before a maintenance calculation is made and such amendment or withdrawal need not be in writing unless, in any particular case, the Secretary of State requires it to be.
(7)
No amendment made under paragraph (6) shall relate to any change of circumstances arising after the effective date of a maintenance calculation resulting from an effective application.
Multiple applications4.
(1)
The provisions of Schedule 2 shall apply in cases where there is more than one application for a maintenance calculation.
(2)
The provisions of paragraphs 1, 2 and 3 of Schedule 2 relating to the treatment of two or more applications as a single application shall apply where no request is received for the Secretary of State to cease acting in relation to all but one of the applications.
(3)
Where, under the provisions of paragraph 1, 2 or 3 of Schedule 2, two or more applications are to be treated as a single application, that application shall be treated as an application for a maintenance calculation to be made with respect to all of the qualifying children mentioned in the applications, and the effective date of that maintenance calculation shall be determined by reference to the earlier or earliest application.
Notice of an application for a maintenance calculation5.
(1)
Where an effective application has been made under section 4 or 7 of the Act, F5... as the case may be, the Secretary of State shall as soon as is reasonably practicable notify, orally or in writing, the non-resident parent and any other relevant persons (other than the person who has madeF5... the application) of that application and request such information as he may require to make the maintenance calculation in such form and manner as he may specify in the particular case.
(2)
Where the person to whom notice is being given under paragraph (1) is a non-resident parent, that notice shall specify the effective date of the maintenance calculation if one is to be made, and the ability to make a default maintenance decision.
(3)
Subject to paragraph (4), a person who has provided information under paragraph (1) may amend the information he has provided at any time before a maintenance calculation is made and such information need not be in writing unless, in any particular case, the Secretary of State requires it to be.
(4)
No amendment under paragraph (3) shall relate to any change of circumstances arising after the effective date of any maintenance calculation made in response to the application in relation to which the information was requested.
Death of a qualifying child6.
(1)
Where the Secretary of State is informed of the death of a qualifying child with respect to whom an application for a maintenance calculation has been made F6... he shall—
(a)
proceed with the application as if it had not been made with respect to that child if he has not yet made a maintenance calculation;
(b)
treat any maintenance calculation already made by him as not having been made if the relevant persons have not been notified of it and proceed with the application as if it had not been made with respect to that child.
(2)
Where all of the qualifying children with respect to whom an application for a maintenance calculation has been made have died, and either the calculation has not been made or the relevant persons have not been notified of it, the Secretary of State shall treat the application as not having been made.
PART IIIDEFAULT MAINTENANCE DECISIONS
Default rate7.
(1)
Where the Secretary of State makes a default maintenance decision under section 12(1) of the Act (insufficient information to make a maintenance calculation or to make a decision under section 16 or 17 of the Act) the default rate is as set out in paragraph (2).
(2)
The default rate for the purposes of section 12(5)(b) of the Act shall be—
£30 where there is one qualifying child of the non-resident parent;
£40 where there are two qualifying children of the non-resident parent;
£50 where there are three or more qualifying children of the non-resident parent,
apportioned, where the non-resident parent has more than one qualifying child and in relation to them there is more than one person with care, as provided in paragraph 6(2) of Part I of Schedule 1 to the Act.
(3)
Subject to paragraph (4), where any apportionment made under this regulation results in a fraction of a penny that fraction shall be treated as a penny if it is either one half or exceeds one half, otherwise it shall be disregarded.
(4)
If, in making the apportionment required by this regulation, the effect of the application of paragraph (3) would be such that the aggregate amount of child support maintenance payable by a non-resident parent would be different from the aggregate amount payable before any apportionment, 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.
PART IVREDUCED BENEFIT DECISIONS
Interpretation of Part IVF78.
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Period within which reasons are to be givenF79.
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F8Period for parent to state if request still standsF79A.
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Circumstances in which a reduced benefit decision shall not be givenF710.
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Amount of and period of reduction of relevant benefit under a reduced benefit decisionF711.
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Modification of reduction under a reduced benefit decision to preserve minimum entitlement to relevant benefitF712.
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Suspension of a reduced benefit decision when relevant benefit ceases to be payableF713.
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Suspension of a reduced benefit decision F9... (income support)F714.
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Suspension of a reduced benefit decision F10... (income-based jobseeker’s allowance)F715.
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Termination of a reduced benefit decisionF716.
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Reduced benefit decisions where there is an additional qualifying childF717.
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Suspension and termination of a reduced benefit decision where the sole qualifying child ceases to be a child or where the parent concerned ceases to be a person with careF718.
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Notice of termination of a reduced benefit decisionF719.
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Rounding provisionsF720.
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PART VMISCELLANEOUS PROVISIONS
Persons who are not persons with care21.
(1)
For the purposes of the Act the following categories of person shall not be persons with care—
(a)
a local authority;
(b)
(c)
(2)
In paragraph (1) above—
“family” means family other than such family defined in section 93(1) of the Children (Scotland) Act 1995;
“a child who is looked after by a local authority” has the same meaning as in section 22 of the Children Act 1989 or section 17(6) of the Children (Scotland) Act 1995 as the case may be.
Authorisation of representative22.
(1)
A person may authorise a representative, whether or not legally qualified, to receive notices and other documents on his behalf and to act on his behalf in relation to the making of applications and the supply of information under any provisions of the Act or these Regulations.
(2)
Where a person has authorised a representative for the purposes of paragraph (1) who is not legally qualified, he shall confirm that authorisation in writing to the Secretary of State.
PART VINOTIFICATIONS FOLLOWING CERTAIN DECISIONS
Notification of a maintenance calculation23.
(1)
A notification of a maintenance calculation made under section 11 or 12(2) of the Act (interim maintenance decision) shall set out, in relation to the maintenance calculation in question—
(a)
the effective date of the maintenance calculation;
(b)
where relevant, the non-resident parent’s net weekly income;
(c)
the number of qualifying children;
(d)
the number of relevant other children;
(e)
the weekly rate;
(f)
(g)
where the weekly rate is adjusted by apportionment or shared care, or both, the amount calculated in accordance with paragraph 6, 7 or 8, as the case may be, of Part I of Schedule 1 to the Act; and
(h)
where the amount of child support maintenance which the non-resident parent is liable to pay is decreased in accordance with regulation 9 or 11 of the Maintenance Calculations and Special Cases Regulations (care provided in part by local authority and non-resident parent liable to pay maintenance under a maintenance order), the adjustment calculated in accordance with that regulation.
(2)
A notification of a maintenance calculation made under section 12(1) of the Act (default maintenance decision) shall set out the effective date of the maintenance calculation, the default rate, the number of qualifying children on which the rate is based, whether any apportionment has been applied under regulation 7 and shall state the nature of the information required to enable a decision under section 11 of the Act to be made by way of section 16 of the Act.
(3)
Except where a person gives written permission to the Secretary of State that the information in relation to him, mentioned in sub-paragraphs (a) and (b) below, may be conveyed to other persons, any document given or sent under the provisions of paragraph (1) or (2) shall not contain—
(a)
the address of any person other than the recipient of the document in question (other than the address of the office of the officer concerned who is exercising functions of the Secretary of State under the Act) or any other information the use of which could reasonably be expected to lead to any such person being located;
(b)
any other information the use of which could reasonably be expected to lead to any person, other than a qualifying child or a relevant person, being identified.
(4)
Where a decision as to a maintenance calculation is made under section 11 or 12 of the Act, a notification under paragraph (1) or (2) shall include information as to the provisions of sections 16, 17 and 20 of the Act.
Notification when an applicant under section 7 of the Act ceases to be a child24.
Where a maintenance calculation has been made in response to an application by a child under section 7 of the Act and that child ceases to be a child for the purposes of the Act, the Secretary of State shall immediately notify, so far as that is reasonably practicable—
(a)
the other qualifying children who have attained the age of 12 years and the non-resident parent with respect to whom that maintenance calculation was made; and
(b)
the person with care.
PART VIIEFFECTIVE DATES OF MAINTENANCE CALCULATIONS
Effective dates of maintenance calculations25.
(1)
Subject to regulations 26 to 29 F11, 29B F12and 31, where no maintenance calculation is in force with respect to the person with care or the non-resident parent, the effective date of a maintenance calculation following an application made under section 4 or 7 of the Act, F13... as the case may be, shall be the date determined in accordance with paragraphs (2) to (4) below.
(2)
Where the application for a maintenance calculation is made under section 4 of the Act by a non-resident parent, the effective date of the maintenance calculation shall be the date that an effective application is made or treated as made under regulation 3.
(3)
Where the application for a maintenance calculation is—
(a)
made under section 4 of the Act by a person with care;
F14(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)
made by a child under section 7 of the Act,
the effective date of the maintenance calculation shall be the date of notification to the non-resident parent.
(4)
For the purposes of this regulation, where the Secretary of State is satisfied that a non-resident parent has intentionally avoided receipt of a notice of a maintenance application he may determine the date of notification to the non-resident parent as the date on which the notification would have been given to him but for such avoidance.
(5)
Where in relation to a decision made under section 11 of the Act a maintenance calculation is made to which paragraph 15 of Schedule 1 to the Act applies, the effective date of the calculation shall be the beginning of the maintenance period in which the change of circumstance to which the calculation relates occurred or is expected to occur.
Effective dates of maintenance calculations—maintenance order and application under section 4 or 726.
(1)
This regulation applies, subject to F15regulations 28 and 29B, where—
(a)
no maintenance calculation is in force with respect to the person with care or the non-resident parent;
(b)
an application for a maintenance calculation is made under section 4 or 7 of the Act; and
F16(c)
there is a maintenance order which—
(i)
is in force and was made on or after the date prescribed for the purposes of section 4(10)(a) of the Act;
(ii)
relates to the person with care, the non-resident parent and all the children to whom the application referred to in sub-paragraph (b) relates; and
(iii)
has been in force for at least one year prior to the date of the application referred to in sub-paragraph (b).
(2)
The effective date of the maintenance calculation shall be two months and two days after the application is made.
Effective dates of maintenance calculations—maintenance order and application under section 6F1727.
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Effective dates of maintenance calculations—maintenance order ceases28.
F18Subject to regulation 29B, where—
(a)
a maintenance calculation is made; and
(b)
the effective date of the maintenance calculation shall be the day following that on which the maintenance order ceased to have effect.
Effective dates of maintenance calculations in specified cases29.
F21(1)
F22Subject to regulation 29B, where an application for a maintenance calculation is made under section 4 or 7 of the ActF23...—
(a)
F24...where in the period of 8 weeks immediately preceding the date the application is made, or treated as made under regulation 3, there has been in force a maintenance calculation in respect of the same non-resident parent and child but a different person with care, the effective date of the maintenance calculation made in respect of the application shall be F25the date on which the previous maintenance calculation ceased to have effect;
(b)
where a maintenance calculation (“the existing calculation”) is in force with respect to the person who is the person with care in relation to the application but who is the non-resident parent in relation to the existing calculation, the effective date of the calculation shall be a date not later than 7 days after the date of notification to the non-resident parent which is the day on which a maintenance period in respect of the existing calculation begins.
F26(c)
F27...where—
(i)
in the period of 8 weeks immediately preceding the date the application is made, or treated as made under regulation 3, a maintenance calculation (“the previous maintenance calculation”) has been in force and has ceased to have effect;
(ii)
the parent with care in respect of the previous maintenance calculation is the non-resident parent in respect of the application;
(iii)
the non-resident parent in respect of the previous maintenance calculation is the parent with care in respect of the application; and
(iv)
the application relates to the same qualifying child, or all of the same qualifying children, and no others, as the previous maintenance calculation,
the effective date of the maintenance calculation to which the application relates shall be the date on which the previous maintenance calculation ceased to have effect.
F28(d)
F29...where on the date the application is made, or treated as made under regulation 3, there is in force a maintenance calculation in relation to the same non-resident parent and a different person with care, and the maintenance calculation in force when the application was made has ceased to have effect before a decision has been made in respect of that application, the effective date of the maintenance calculation made in response to the application shall be—
(i)
where the date of notification to the non-resident parent is before the date on which the maintenance calculation in force has ceased to have effect, the day following the day on which that maintenance calculation ceases to have effect;
(ii)
where the date of notification to the non-resident parent is after the date on which the maintenance calculation in force has ceased to have effect, the date of notification to the non-resident parent.
F30(2)
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F31(3)
For the purposes of—
(a)
paragraph (1), “ceased to have effect” means ceased to have effect under paragraph 16 of Schedule 1 to the Act; and
F32(b)
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F33Effective date where there has been a previous maintenance calculation29B.
(1)
This regulation applies where—
(a)
a maintenance calculation (“the previous maintenance calculation”) has been in force in relation to the non-resident parent, whether or not in respect of the same parent with care; and
(b)
the previous maintenance calculation is no longer in force when the decision as to the maintenance calculation is made.
(2)
Where this regulation applies, the effective date of the maintenance calculation shall be—
(a)
on, or on one of the 6 days immediately following, the effective date as it would have been but for this regulation; and
(b)
on the same day of the week as the day on which the maintenance period in respect of the previous maintenance calculation began.
PART VIIIREVOCATION, SAVINGS AND TRANSITIONAL PROVISIONS
Revocation and savings30.
(1)
(2)
Subject to F35regulation 31(1C)(b) and (2), where before the commencement date in respect of a particular case—
(a)
an application was made and not determined for—
(i)
a maintenance assessment;
(ii)
a departure direction; or
(iii)
a revision or supersession of a decision;
(b)
the Secretary of State had begun but not completed a revision or supersession of a decision on his own initiative;
(c)
any time limit provided for in Regulations for making an application for a revision or a departure direction had not expired; or
(d)
any appeal was made but not decided or any time limit for making an appeal had not expired,
the provisions of the Child Support (Maintenance Assessment Procedure) Regulations 1992 shall continue to apply for the purposes of—
(aa)
the decision on the application referred to in sub-paragraph (a);
(bb)
the revision or supersession referred to in sub-paragraph (b);
(cc)
the ability to apply for the revision or the departure direction referred to in sub-paragraph (c) and the decision whether to revise or to give a departure direction following any such application;
(dd)
any appeal outstanding or made during the time limit referred to in sub-paragraph (d); or
(ee)
any revision, supersession, appeal or application for a departure direction in relation to a decision, ability to apply or appeal referred to in sub-paragraphs (aa) to (dd) above.
(3)
Where immediately before the commencement date in respect of a particular case an interim maintenance assessment was in force, the provisions of the Child Support (Maintenance Assessment Procedure) Regulations 1992 shall continue to apply for the purposes of the decision under section 17 of the Act to make a maintenance assessment calculated in accordance with Part I of Schedule 1 to the 1991 Act before its amendment by the 2000 Act and any revision, supersession or appeal in relation to that decision.
(4)
Where after the commencement date a maintenance assessment is revised, cancelled or ceases to have effect from a date which is prior to the commencement date, the Child Support (Maintenance Assessment Procedure) Regulations 1992 shall apply for the purposes of that cancellation or cessation.
(5)
(6)
For the purposes of this regulation—
(a)
“departure direction”, “maintenance assessment” and “interim maintenance assessment” have the same meaning as in section 54 of the Act before its amendment by the 2000 Act;
(b)
“revision or supersession” means a revision or supersession of a decision under section 16 or 17 of the Act before their amendment by the 2000 Act;
(c)
“2000 Act” means the Child Support, Pensions and Social Security Act 2000.
Transitional provision—effective dates F36...31.
F37(1)
Where a maintenance assessment is, or has been, in force and an application to which regulation 29 applies is made, F38... that regulation shall apply as if in paragraph (1) references to—
(a)
a maintenance calculation in force were to a maintenance assessment in force;
(b)
a maintenance calculation having been in force were to a maintenance assessment having been in force; and
(c)
a non-resident parent in sub-paragraph (a), the first time it occurs in sub-paragraph (b) F39, in sub-paragraph (c)(iii) and the first time it occurs in sub-paragraph (d), were to an absent parent.
(1A)
Where regulation 28(7) of the Child Support (Transitional Provisions) Regulations 2000 (linking provisions) applies, the effective date of the maintenance calculation shall be the date which would have been the beginning of the first maintenance period in respect of the conversion decision on or after what, but for this paragraph, would have been the relevant effective date provided for in regulation 25(2) to (4).
(1B)
The provisions of Schedule 3 shall apply where—
(a)
an effective application for a maintenance assessment has been made under the former Act (“an assessment application”); and
(b)
an effective application for a maintenance calculation is made F40... (“a calculation application”).
(1C)
Where the provisions of Schedule 3 apply and, by virtue of regulation 4(3) of the Assessment Procedure Regulations, the relevant date would be—
(a)
before the prescribed date, the application to be proceeded with shall be treated as an application for a maintenance assessment;
(b)
on or after the prescribed date, that application shall be treated as an application for a maintenance calculation and the effective date of that maintenance calculation shall be the date which would be the assessment effective date if a maintenance assessment were to be made.
F41(1D)
Where a maintenance assessment has been in force in relation to a non-resident parent, regulation 29B shall apply as if references to a maintenance calculation having been in force were to a maintenance assessment having been in force.
(2)
Where—
(a)
an application for a maintenance assessment was made before the prescribed date; and
(b)
the assessment effective date of that application would be on or after the prescribed date,
the application shall be treated as an application for a maintenance calculation and the effective date of that maintenance calculation shall be the date which would be the assessment effective date if a maintenance assessment were to be made.
F42(3)
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F42(4)
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F42(5)
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F42(6)
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F42(7)
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(8)
For the purposes of this regulation—
(a)
"2000 Act" means the Child Support, Pensions and Social Security Act 2000;
F43“absent parent” has the meaning given in section 3(2) of the former Act;
“assessment effective date” means the effective date of the maintenance assessment under regulation 30 or 33(7) of the Assessment Procedure Regulations or regulation 3(5), (7) or (8) of the Maintenance Arrangements and Jurisdiction Regulations, whichever applied to the maintenance assessment in question or would have applied had the effective date not been determined under regulation 8C or 30A of the Assessment Procedure Regulations;
“commencement date” means with respect to a particular case the date these Regulations come into force with respect to that type of case;
“former Act” means the Act before its amendment by the 2000 Act;
“maintenance assessment” has the meaning given in the former Act; and
“prescribed date” means the date prescribed for the purposes of section 4(10)(a) of the Act; F44and
“relevant date” means the date which would be the assessment effective date of the application which is to be proceeded with in accordance with Schedule 3, if a maintenance assessment were to be made.
F45(b)
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(c)
in the application of the Assessment Procedure Regulations for the purposes of paragraph (4) where, on or after the prescribed date, no maintenance enquiry form, as defined in those Regulations, is given or sent to the absent parent, the Regulations shall be applied as if references in regulation 30—
(i)
to the date when the maintenance enquiry form was given or sent to the absent parent were to the date of notification to the non-resident parent;
(ii)
to the return by the absent parent of the maintenance enquiry form containing his name, address and written confirmation that he is the parent of the child or children in respect of whom the application was made were to the provision of this information by the non-resident parent; and
(d)
in the application of the Maintenance Arrangements and Jurisdiction Regulations for the purposes of paragraph (4), where, on or after the prescribed date no maintenance enquiry form, as defined in the Assessment Procedure Regulations, is given or sent to the absent parent, regulation 3(8) shall be applied as if the reference to the date when the maintenance enquiry form was given or sent were a reference to the date of notification to the non-resident parent.
Signed by authority of the Secretary of State for Social Security.
SCHEDULE IMEANING OF “CHILD” FOR THE PURPOSES OF THE ACT
Persons of 16 or 17 years of age who are not in full-time non-advanced education
1.
(1)
Subject to sub-paragraph (3), the conditions which must be satisfied for a person to be a child within section 55(1)(c) of the Act are—
(a)
the person is registered for work or for training under work-based training for young people or, in Scotland, Skillseekers training with—
(i)
the Department for Education and Employment;
(ii)
the Ministry of Defence;
(iii)
in England and Wales, a local education authority within the meaning of the Education Acts 1944 to 1992;
(iv)
(v)
(b)
the person is not engaged in remunerative work, other than work of a temporary nature that is due to cease before the end of the extension period which applies in the case of that person;
(c)
the extension period which applies in the case of that person has not expired; and
(d)
immediately before the extension period begins, the person is a child for the purposes of the Act without regard to this paragraph.
(2)
For the purposes of heads (b), (c) and (d) of sub-paragraph (1), the extension period—
(a)
begins on the first day of the week in which the person would no longer be a child for the purposes of the Act but for this paragraph; and
(b)
where a person ceases to fall within section 55(1)(a) of the Act or within paragraph 5—
(i)
on or after the first Monday in September, but before the first Monday in January of the following year, ends on the last day of the week which falls immediately before the week which includes the first Monday in January in that year;
(ii)
on or after the first Monday in January but before the Monday following Easter Monday in that year, ends on the last day of the week which falls 12 weeks after the week which includes the first Monday in January in that year;
(iii)
at any other time of the year, ends on the last day of the week which falls 12 weeks after the week which includes the Monday following Easter Monday in that year.
(3)
A person shall not be a child for the purposes of the Act under this paragraph if—
(a)
he is engaged in training under work-based training for young people or, in Scotland, Skillseekers training; or
(b)
he is entitled to income support F46, an income-based jobseeker's allowance or income-related employment and support allowance.
Meaning of “advanced education” for the purposes of section 55 of the Act
2.
For the purposes of section 55 of the Act “advanced education” means education of the following description—
(a)
a course in preparation for a degree, a Diploma of Higher Education, a higher national diploma, a higher national diploma or higher national certificate of the Business and Technology Education Council or the Scottish Qualifications Council or a teaching qualification; or
(b)
any other course which is of a standard above that of an ordinary national diploma, a national diploma or a national certificate of the Business and Technology Education Council or the Scottish Qualifications Authority, the advanced level of the General Certificate of Education, a Scottish certificate of education (higher level), a Scottish certificate of sixth year studies, or a Scottish National Qualification at Higher Level.
Circumstances in which education is to be treated as full-time education
3.
For the purposes of section 55 of the Act education shall be treated as being full-time if it is received by a person attending a course of education at a recognised educational establishment and the time spent receiving instruction or tuition, undertaking supervised study, examination of practical work or taking part in any exercise, experiment or project for which provision is made in the curriculum of the course, exceeds 12 hours per week, so however that in calculating the time spent in pursuit of the course, no account shall be taken of time occupied by meal breaks or spent on unsupervised study, whether undertaken on or off the premises of the educational establishment.
Interruption of full-time education
4.
(1)
Subject to sub-paragraph (2), in determining whether a person falls within section 55(1)(b) of the Act no account shall be taken of a period (whether beginning before or after the person concerned attains age 16) of up to 6 months of any interruption to the extent to which it is accepted that the interruption is attributable to a cause which is reasonable in the particular circumstances of the case; and where the interruption or its continuance is attributable to the illness or disability of mind or body of the person concerned, the period of 6 months may be extended for such further period as the Secretary of State considers reasonable in the particular circumstances of the case.
(2)
The provisions of sub-paragraph (1) shall not apply to any period of interruption of a person’s full-time education which is likely to be followed immediately or which is followed immediately by a period during which—
(a)
provision is made for the training of that person, and for an allowance to be payable to that person, under work-based training for young people or, in Scotland, Skillseekers training; or
(b)
he is receiving education by virtue of his employment or of any office held by him.
Circumstances in which a person who has ceased to receive full-time education is to be treated as continuing to fall within section 55(1) of the Act
5.
(1)
Subject to sub-paragraphs (2) and (5), a person who has ceased to receive full-time education (which is not advanced education) shall, if—
(a)
he is under the age of 16 when he so ceases, from the date on which he attains that age; or
(b)
he is 16 or over when he so ceases, from the date on which he so ceases,
be treated as continuing to fall within section 55(1) of the Act up to and including the week including the terminal date, or if he attains the age of 19 on or before that date, up to and including the week including the last Monday before he attains that age.
(2)
In the case of a person specified in sub-paragraph (1)(a) or (b) who had not attained the upper limit of compulsory school age when he ceased to receive full-time education, the terminal date shall be that specified in head (a), (b) or (c) of sub-paragraph (3), whichever next follows the date on which he would have attained that age.
(3)
In this paragraph the “terminal date” means—
(a)
the first Monday in January; or
(b)
the Monday following Easter Monday; or
(c)
the first Monday in September,
whichever first occurs after the date on which the person’s said education ceased.
(4)
In this paragraph “compulsory school age” means—
(a)
(b)
(5)
A person shall not be treated as continuing to fall within section 55(1) of the Act under this paragraph if he is engaged in remunerative work, other than work of a temporary nature that is due to cease before the terminal date.
(6)
Subject to sub-paragraphs (5) and (8), a person whose name was entered as a candidate for any external examination in connection with full-time education (which is not advanced education), which he was receiving at the time, shall so long as his name continued to be so entered before ceasing to receive such education be treated as continuing to fall within section 55(1) of the Act for any week in the period specified in sub-paragraph (7).
(7)
Subject to sub-paragraph (8), the period specified for the purposes of sub-paragraph (6) is the period beginning with the date when that person ceased to receive such education ending with—
(a)
whichever of the dates in sub-paragraph (3) first occurs after the conclusion of the examination (or the last of them, if there is more than one); or
(b)
the expiry of the week which includes the last Monday before his 19th birthday,
whichever is the earlier.
(8)
The period specified in sub-paragraph (7) shall, in the case of a person who had not attained the age of 16 when he so ceased, begin with the date on which he did attain that age.
Interpretation
6.
In this Schedule—
- “Education Acts 1944 to 1992” has the meaning prescribed in section 94(2) of the Further and Higher Education Act 199231;
“remunerative work” means work of not less than 24 hours a week—
- (a)
in respect of which payment is made; or
- (b)
which is done in expectation of payment;
- (a)
“week” means a period of 7 days beginning with a Monday;
“work-based training for young people or, in Scotland, Skillseekers training” means—
- (a)
- (b)arrangements made by the Secretary of State for the persons enlisted in Her Majesty’s forces for any special term of service specified in regulations made under section 2 of the Armed Forces Act 196634 (power of Defence Council to make regulations as to engagement of persons in regular forces); or
- (c)
for the purposes of the application of Council Regulation (EEC) No. 1408/71, any corresponding provisions operated in another member State, for purposes which include the training of persons who, at the beginning of their training, are under the age of 18.
SCHEDULE 2MULTIPLE APPLICATIONS
No maintenance calculation in force: more than one application for a maintenance calculation by the same person under section 4 F47... of the Act
1.
(1)
Where an effective application is made or treated as made, as the case may be, for a maintenance calculation under section 4 F48... of the Act and, before that calculation is made, the applicant makes a subsequent effective application under that section with respect to the same non-resident parent or person with care, as the case may be, those applications shall be treated as a single application.
F49(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No maintenance calculation in force: more than one application by a child under section 7 of the Act
2.
Where a child makes an effective application for a maintenance calculation under section 7 of the Act and, before that calculation is made, makes a subsequent effective application under that section with respect to the same person with care and non-resident parent, both applications shall be treated as a single application for a maintenance calculation.
No maintenance calculation in force: applications by different persons for a maintenance calculation
3.
(1)
Where the Secretary of State receives more than one effective application for a maintenance calculation with respect to the same person with care and non-resident parent, he shall, if no maintenance calculation has been made in relation to any of the applications, determine which application he shall proceed with in accordance with sub-paragraphs (2) to (11).
(2)
Where an application by a person with care is made under section 4 of the Act F50... and an application is made by a non-resident parent under section 4 of the Act, the Secretary of State shall proceed with the application of the person with care.
(3)
Where there is an application for a maintenance calculation by a qualifying child under section 7 of the Act and a subsequent application is made with respect to that child by a person who is, with respect to that child, a person with care or a non-resident parent, the Secretary of State shall proceed with the application of that person with care or non-resident parent, as the case may be.
(4)
Where, in a case falling within sub-paragraph (3), there is made more than one subsequent application, the Secretary of State shall apply the provisions of sub-paragraphs (2), (7), (8), or (10), as is appropriate in the circumstances of the case, to determine which application he shall proceed with.
(5)
Where there is an application for a maintenance calculation by more than one qualifying child under section 7 of the Act in relation to the same person with care and non-resident parent, the Secretary of State shall proceed with the application of the elder or, as the case may be, eldest of the qualifying children.
(6)
Where there are two non-resident parents in respect of the same qualifying child and an effective application is received from each such person, the Secretary of State shall proceed with both applications, treating them as a single application for a maintenance calculation.
F51(7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)
Where—
(a)
more than one person with care makes an application for a maintenance calculation under section 4 of the Act in respect of the same qualifying child or qualifying children (whether or not any of those applications is also in respect of other qualifying children);
(b)
each such person has parental responsibility for (or, in Scotland, parental rights over) that child or children; and
(c)
under the provisions of regulation 8 of the Maintenance Calculations and Special Cases Regulations one of those persons is to be treated as a non-resident parent,
the Secretary of State shall proceed with the application of the person who does not fall to be treated as a non-resident parent under the provisions of regulation 8 of those Regulations.
(9)
Where, in a case falling within sub-paragraph (8), there is more than one person who does not fall to be treated as a non-resident parent under the provisions of regulation 8 of those Regulations, the Secretary of State shall apply the provisions of paragraph (10) to determine which application he shall proceed with.
(10)
Where—
(a)
more than one person with care makes an application for a maintenance calculation under section 4 of the Act in respect of the same qualifying child or qualifying children (whether or not any of those applications is also in respect of other qualifying children); and
(b)
either—
(i)
none of those persons has parental responsibility for (or, in Scotland, parental rights over) that child or children; or
(ii)
the case falls within sub-paragraph (8)(b) but the Secretary of State has not been able to determine which application he is to proceed with under the provisions of sub-paragraph (8),
the Secretary of State shall proceed with the application of the principal provider of day to day care, as determined in accordance with sub-paragraph (11).
(11)
Where—
(a)
the applications are in respect of one qualifying child, the application of that person with care to whom child benefit is paid in respect of that child;
(b)
the applications are in respect of more than one qualifying child, the application of that person with care to whom child benefit is paid in respect of those children;
(c)
the Secretary of State cannot determine which application he is to proceed with under head (a) or (b) the application of that applicant who in the opinion of the Secretary of State is the principal provider of day to day care for the child or children in question.
(12)
Subject to sub-paragraph (13), where, in any case falling within sub-paragraphs (2) to (10), the applications are not in respect of identical qualifying children, the application that the Secretary of State is to proceed with as determined by those sub-paragraphs shall be treated as an application with respect to all of the qualifying children with respect to whom the applications were made.
(13)
Where the Secretary of State is satisfied that the same person with care does not provide the principal day to day care for all of the qualifying children with respect to whom an application would but for the provisions of this paragraph be made under sub-paragraph (12), he shall make separate maintenance calculations in relation to each person with care providing such principal day to day care.
(14)
For the purposes of this paragraph “day to day care” has the same meaning as in the Maintenance Calculations and Special Cases Regulations.
Maintenance calculation in force: subsequent application with respect to the same persons
4.
Where a maintenance calculation is in force and a subsequent application is made F52... under the same section of the Act for a maintenance calculation with respect to the same person with care, non-resident parent, and qualifying child or qualifying children as those with respect to whom the maintenance calculation in force has been made, that application shall not be proceeded with.
F53SCHEDULE 3MULTIPLE APPLICATIONS—TRANSITIONAL PROVISIONS
No maintenance assessment or calculation in force: more than one application for maintenance by the same person under section 4 F54..., or under sections 4 F54..., of the former Act and of the Act.
1.
(1)
Where an assessment application is made and, before a maintenance assessment under the former Act is made, the applicant makes F55...a calculation application under section 4 F55... of the Act, with respect to the same person with care or with respect to a non-resident parent who is the absent parent with respect to the assessment application, as the case may be, those applications shall be treated as a single application.
F56(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No maintenance assessment or calculation in force: more than one application for maintenance by a child under section 7 of the former Act and of the Act
2.
Where a child makes an assessment application under section 7 of the former Act and, before a maintenance assessment under the former Act is made, makes a calculation application under section 7 of the Act with respect to the same person with care and a non-resident parent who is the absent parent with respect to the assessment application, both applications shall be treated as a single application.
No maintenance assessment or calculation in force: applications by different persons for maintenance
3.
(1)
Where the Secretary of State receives more than one application for maintenance with respect to the same person with care and absent parent or non-resident parent, as the case may be, he shall, if no maintenance assessment under the former Act or maintenance calculation under the Act, as the case may be, has been made in relation to any of the applications, determine which application he shall proceed with in accordance with sub-paragraphs (2) to (11).
(2)
Where an application by a person with care is made under section 4 of the former Act or of the ActF57... and an application is made by an absent parent or non-resident parent under section 4 of the former Act or of the Act, as the case may be, the Secretary of State shall proceed with the application of the person with care.
(3)
Where there is an assessment application by a qualifying child under section 7 of the former Act and a calculation application is made with respect to that child by a person who is, with respect to that child, a person with care or a non-resident parent, the Secretary of State shall proceed with the application of that person with care or non-resident parent, as the case may be.
(4)
Where, in a case falling within sub-paragraph (3), there is made more than one subsequent application, the Secretary of State shall apply the provisions of sub-paragraphs (2), (7), (8) or (10), as appropriate in the circumstances of the case, to determine which application he shall proceed with.
(5)
Where there is an assessment application and a calculation application by more than one qualifying child under section 7 of the former Act or of the Act, in relation to the same person with care and absent parent or non-resident parent, as the case may be, the Secretary of State shall proceed with the application of the elder or, as the case may be, eldest of the qualifying children.
(6)
Where there is one absent parent and one non-resident parent in respect of the same qualifying child and an assessment application and a calculation application is received from each such person respectively, the Secretary of State shall proceed with both applications, treating them as a single application.
F58(7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)
Where—
(a)
a person with care makes an assessment application under section 4 of the former Act and a different person with care makes a calculation application under section 4 of the Act and those applications are in respect of the same qualifying child or qualifying children (whether or not any of those applications is also in respect of other qualifying children);
(b)
each such person has parental responsibility for (or, in Scotland, parental rights over) that child or children; and
(c)
under regulation 20 of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 (“the Maintenance Assessments and Special Cases Regulations”) one of those persons is to be treated as an absent parent or under the provisions of regulation 8 of the Maintenance Calculations and Special Cases Regulations one of those persons is to be treated as a non-resident parent, as the case may be,
the Secretary of State shall proceed with the application of the person who does not fall to be treated as an absent parent under regulation 20 of the Maintenance Assessments and Special Cases Regulations, or as a non-resident parent under regulation 8 of the Maintenance Calculations and Special Cases Regulations, as the case may be.
(9)
Where, in a case falling within sub-paragraph (8), there is more than one person who does not fall to be treated as an absent parent under regulation 20 of the Maintenance Assessments and Special Cases Regulations or as a non-resident parent under regulation 8 of the Maintenance Calculations and Special Cases Regulations, as the case may be, the Secretary of State shall apply the provisions of paragraph (10) to determine which application he shall proceed with.
(10)
Where—
(a)
a person with care makes an assessment application under section 4 of the former Act and a different person with care makes a calculation application under section 4 of the Act and those applications are in respect of the same qualifying child or qualifying children (whether or not any of those applications is also in respect of other qualifying children); and
(b)
either—
(i)
none of those persons has parental responsibility for (or, in Scotland, parental rights over) that child or children; or
(ii)
the case falls within sub-paragraph (8)(b) but the Secretary of State has not been able to determine which application he is to proceed with under the provisions of sub-paragraph (8),
the Secretary of State shall proceed with the application of the principal provider of day to day care, as determined in accordance with sub-paragraph (11).
(11)
For the purposes of sub-paragraph (10), the application of the principal provider is, where—
(a)
the applications are in respect of one qualifying child, the application of that person with care to whom child benefit is paid in respect of that child;
(b)
the applications are in respect of more than one qualifying child, the application of that person with care to whom child benefit is paid in respect of those children;
(c)
the Secretary of State cannot determine which application he is to proceed with under head (a) or (b), the application of that applicant who in the opinion of the Secretary of State is the principal provider of day to day care for the child or children in question.
(12)
Subject to sub-paragraph (13), where, in any case falling within sub-paragraphs (2) to (10), the applications are not in respect of identical qualifying children, the application that the Secretary of State is to proceed with as determined by those sub-paragraphs shall be treated as an application with respect to all of the qualifying children with respect to whom the applications were made.
(13)
Where the Secretary of State is satisfied that the same person with care does not provide the principal day to day care for all of the qualifying children with respect to whom an application would but for the provisions of this paragraph be made under sub-paragraph (12), he shall make separate maintenance assessments under the former Act or maintenance calculations under the Act, as the case may be, in relation to each person with care providing such principal day to day care.
(14)
For the purposes of this paragraph “day to day care” has the same meaning as in the Maintenance Assessments and Special Cases Regulations or the Maintenance Calculations and Special Cases Regulations, as the case may be.
Maintenance assessment in force: subsequent application with respect to the same persons
4.
Where—
(a)
a maintenance assessment is in force under the former Act;
(b)
a calculation application is made F59... under the section of the Act which is the same section as the section of the former Act under which the assessment application was made; and
(c)
the calculation application relates to—
(i)
the same person with care and qualifying child or qualifying children as the maintenance assessment; and
(ii)
a non-resident parent who is the absent parent with respect to the maintenance assessment,
the calculation application shall not be proceeded with.
Interpretation
5.
In this Schedule, “absent parent”, “former Act” and “maintenance assessment” have the meanings given in regulation 31(8)(a).
These Regulations provide for various procedural matters relating to an application for a maintenance calculation under the Child Support Act 1991 (c. 48) (“the Act”), and make provision in respect of effective dates of calculations and of reduced benefit decisions, consequent upon the introduction of changes to the child support system made by the Child Support, Pensions and Social Security Act 2000 (c. 19). Subject to savings for transitional purposes these Regulations revoke the Child Support (Maintenance Assessment Procedure) Regulations 1992 (1992/1813). These Regulations come into force at different times for different cases according to the dates on which provisions of the Child Support, Pensions and Social Security Act 2000 which are relevant to these Regulations are commenced for different types of cases.
Regulation 1 contains provisions relating to citation, commencement and interpretation. Schedule 1 contains provisions relating to the interpretation of a “child” for the purposes of the Act.
Regulation 2 contains provisions relating to the service and receipt of documents and regulation 3 sets out the procedures in relation to an application for a maintenance calculation.
Regulation 4 and Schedule 2 provide for multiple applications for a maintenance calculation.
Regulations 5 and 6 provide for notice to be given to the non-resident parent and any other relevant person when an effective application for a maintenance calculation has been made or treated as made by the person with care, and for the procedure on the death of a qualifying child.
Regulation 7 prescribes the default rate, payable when a default maintenance decision is made under section 12(1) of the Act.
Regulation 8 contains provisions relating to interpretation for the purposes of Part IV of these Regulations (reduced benefit decisions).
Regulation 9 prescribes the period within which reasons are to be given by the parent with care for the purposes of section 46(2) of the Act.
Regulations 10 to 20 make provision as to the amount and duration of reduced benefit decisions following a request under section 6(5) of the Act, or a failure to comply with the obligation in section 6(7) of the Act, or a refusal to take a scientific test (within the meaning of section 27A of the Act).
Regulation 21 prescribes persons who are not persons with care for the purposes of the Act and regulation 22 makes provision for the authorisation of representatives. Regulations 23 and 24 set out what is to be notified following decisions by the Secretary of State.
Regulations 25 to 29 prescribe the effective dates of maintenance calculations.
Regulation 30 revokes the Child Support (Maintenance Assessment Procedure) Regulations 1992 with savings for transitional purposes. Regulation 31 makes transitional provision for the effective date of a calculation applied for after the new system comes into force where there is an assessment in force under the previous scheme and where reduced benefit decisions have been made or are being considered when the new system comes into force.
The impact on business of these Regulations was covered in the Regulatory Impact Assessment (RIA) for the Child Support, Pensions and Social Security Act 2000, in accordance with which, and in consequence of which, these Regulations are made. A copy of that RIA has been placed in the libraries of both Houses of Parliament and can be obtained from the Department of Social Security, Regulatory Impact Unit, Adelphi, 1–11 John Adam Street, London, WC2N 6HT.