The Child Support and Claims and Payments (Miscellaneous Amendments and Change to the Minimum Amount of Liability) Regulations 2013

• Citation: S.I. 2013/1654
• Sections: 5

Section 1 Citation and commencement

(1) These Regulations may be cited as the Child Support and Claims and Payments (Miscellaneous Amendments and Change to the Minimum Amount of Liability) Regulations 2013.

(2) These Regulations come into force in relation to a case to which the new calculation rules apply on the day on which paragraph 2 of Schedule 4 to the Child Maintenance and Other Payments Act 2008 (calculation by reference to gross weekly income) comes into force for all purposes.

(3) In paragraph (2), “a case to which the new calculation rules apply” means a case in which liability to pay child support maintenance is calculated in accordance with Part 1 of Schedule 1 to the Child Support Act 1991 as amended by paragraph 2 of Schedule 4 to the Child Maintenance and Other Payments Act 2008.

Section 2 Amendment to Schedule 1 to the Child Support Act 1991

In Schedule 1 to the Child Support Act 1991 (calculation of weekly amount of child support maintenance) , paragraph 5A(2) shall have effect as if for “£5” in that paragraph there is substituted “£7”.

Section 3 Amendment to the Social Security (Claims and Payments) Regulations 1987

In paragraphs 5(2) and 6(2) of Schedule 9B to the Social Security (Claims and Payments) Regulations 1987 (deductions from benefit in respect of child support maintenance and payment to persons with care) —

(a) for “£5” substitute “the flat rate of maintenance”; and

(b) after the references to “regulation 4(3) of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000”, insert “or regulation 44(3) of the Child Support Maintenance Calculation Regulations 2012 ”.

Section 4 Amendment to the Child Support Information Regulations 2008

In regulation 9A(9) of the Child Support Information Regulations 2008 (duty to notify increase in current income) , for “£5” substitute “£7”.

Section 5 Amendment to the Child Support Maintenance Calculation Regulations 2012

(1) The Child Support Maintenance Calculation Regulations 2012 are amended as follows.

(2) For the Table in regulation 43 (reduced rate), substitute the following table—

Number of relevant other children of the non-resident parent

T (%)

17.0

14.1

13.2

12.4

(3) In regulation 69 (non-resident parent with unearned income)—

(a) in paragraph (5), after sub-paragraph (b) insert—

or

(c) the Secretary of State is unable, for whatever reason, to request or obtain the information from HMRC ,

(b) after paragraph (7) insert—

(8) Subject to paragraph (9), where the non-resident parent makes relievable pension contributions, which have not been otherwise taken into account for the purposes of the maintenance calculation, there is to be deducted from the additional weekly income calculated in accordance with paragraph (7) an amount determined by the Secretary of State as representing the weekly average of those contributions.

(9) An amount must only be deducted in accordance with paragraph (8) where the relievable pension contributions referred to in that paragraph relate to the same tax year that has been used for the purposes of determining the additional weekly income.

(4) In paragraph (1)(c) of regulation 70 (non-resident parent on a flat or nil rate with gross weekly income), omit “equal to or”.

(5) In regulation 74 (effect on maintenance calculation – general), after paragraph (1) insert—

(1A) Where the application of a variation agreed to (or of the aggregate of variations agreed to) would decrease the amount of child support maintenance payable by the non-resident parent to less than the figure equivalent to the flat rate referred to in paragraph 4(1) of Schedule 1 to the 1991 Act (or in that sub-paragraph as modified by regulations under paragraph 10A of that Schedule), the non-resident parent is instead liable to pay child support maintenance at a rate equivalent to that flat rate apportioned if appropriate as provided in paragraph 6 of Schedule 1 to that Act.