The Child Support (Miscellaneous Amendments and Transitional Provisions) Regulations 1994

Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 E+W+S

4.—(1) The Child Support (Maintenance Assessments and Special Cases) Regulations 1992 M1 shall be amended in accordance with the following provisions of this regulation.

(2) For sub-paragraph (b) of paragraph (1) of regulation 3 of those Regulations there shall be substituted the following sub-paragraph—

“(b) with respect to a person with care of one or more qualifying children—

(i) where one or more of those children is aged less than 11, an amount equal to the amount specified in column (2) of paragraph 1(1)(e) of the relevant Schedule (income support personal allowance for a single claimant aged not less than 25);

(ii) where none of those children are aged less than 11 but one or more of them is aged less than 14, an amount equal to 75 per centum of the amount specified in head (i) above; and

(iii) where none of those children are aged less than 14 but one or more of them is aged less than 16, an amount equal to 50 per centum of the amount specified in head (i) above;”.

(3) For paragraph (1) of regulation 6 of those Regulations there shall be substituted the following paragraph—

“(1) For the purposes of the formula in paragraph 4(1) of Schedule 1 to the Act, the value of R is—

(a) where the maintenance assessment in question relates to one qualifying child, 0.15;

(b) where the maintenance assessment in question relates to two qualifying children, 0.20; and

(c) where the maintenance assessment ,in question relates to three or more qualifying children, 0.25.”.

(4) In regulation 11(1)(k) of those Regulations for “£8.00” there shall be substituted “£30.00”.

(5) In regulation 11(1)(1) of those Regulations for the words “10 per centum” there shall be substituted the words “15 per centum”.

(6) At the beginning of paragraph (2) of regulation 23 of those Regulations there shall be inserted the words “Subject to paragraph (2A)”and after that paragraph there shall be inserted the following paragraph—

“(2A) In applying the provisions of paragraph (2) to the amount which is to be included in the maintenance requirements under regulation 3(1)(b)—

(a) first take the amount specified in head (i) of regulation 3(1)(b) and divide it by the relevant number;

(b) then apply the provisions of regulation 3(1)(b) as if the references to the amount specified in column (2) of paragraph 1(1)(e) of the relevant Schedule were references to the amount which is the product of the calculation required by head (a) above, and as if, in relation to an absent parent, the only qualifying children to be included in the assessment were those qualifying children in relation to whom he is the absent parent.”.

(7) In paragraph (3) of regulation 23 of those Regulations for the words “In paragraph (2)” there shall be substituted the words “In paragraph (2) and (2A)”.

(8) For sub-paragraph (5) of paragraph 3 of Schedule 3 to those Regulations there shall be substituted the following sub-paragraph—

“(5) Where a policy of insurance has been obtained and retained for the purpose of discharging a mortgage or charge on the home of the parent in question and also for the purpose of accruing profits on the maturity of the policy, there shall be eligible to be taken into account as a housing cost—

(a) where the sum secured by the mortgage or charge does not exceed £60,000, the whole of the premiums paid under that policy; and

(b) where the sum secured by the mortgage or charge exceeds £60,000, the part of the premiums paid under that policy which are necessarily incurred for the purpose of discharging the mortgage or charge or, where that part cannot be ascertained, 0.0277 per centum of the amount secured by the mortgage or charge.”.

Marginal Citations

M1 S.I.1992/1815, to which there are amendments not relevant to these Regulations.