The Child Support Maintenance Calculation Regulations 2012

Notification of a maintenance calculation

This section has no associated Explanatory Memorandum

25.—(1) Notification of a decision made under section 11 or 12(2) of the 1991 Act(1) must set out—

(a)the effective date of the maintenance calculation;

(b)where relevant, the non-resident parent’s gross weekly income, including—

(i)whether that is based on historic income or current income, and

(ii)if based on current income, whether that income has been estimated in accordance with regulation 42;

(c)the number of qualifying children;

(d)the number of relevant other children;

(e)the weekly rate;

(f)the amounts calculated in accordance with Part 1 of Schedule 1 to the 1991 Act and, where there has been an agreement to a variation or a variation has otherwise been taken into account, Part 5 of these Regulations (Variations);

(g)where the weekly rate is adjusted by apportionment or to take account of shared care;

(h)where the amount of child support maintenance is decreased—

(i)to take account of a child supported under a qualifying maintenance arrangement mentioned in paragraph 5A of Schedule 1 to the 1991 Act; or

(ii)in accordance with regulation 52 (non-resident parent liable to maintain a child of the family or a child abroad) or regulation 53 (care provided in part by a local authority).

(2) A notification of a maintenance calculation made under section 12(1) of the 1991 Act (default maintenance decision) must set out—

(a)the effective date of the maintenance calculation;

(b)the default rate;

(c)the number of qualifying children on which the rate is based; and

(d)whether apportionment has been applied under regulation 49,

and must state the nature of the information required to enable a calculation decision to be made.

(3) Except with the written permission of the person concerned, a notice under this regulation must not include—

(a)the address of any person other than the recipient of the notice (other than the address of the relevant office of the Secretary of State) or any other information the use of which could reasonably be expected to lead to any such persons being located; and

(b)any other information the use of which could reasonably be expected to lead to any person other than the qualifying child or a party to the application being identified.

(1)

Section 12(2) was amended by Schedule 8 to the Child Maintenance and Other Payments Act 2008 (c. 6) (“the 2008 Act”).