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The Child Support (Maintenance Assessments and Special Cases) Regulations 1992

Type Statutory-Instrument
Publication 1992-07-20
Last updated 2022-07-01
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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  • (a) because the person liable to meet those costs is not doing so, he has to meet those costs in order to continue to live in the home and either he was formerly the partner of the person liable, or he is some other person whom it is reasonable to treat as liable to meet those costs; or
  • (b) he pays a share of those costs in a case where—
  • (i) he is living in a household with other persons;
  • (ii) those other persons include persons who are not close relatives of his or his partner;
  • (iii) a person who is not such a close relative is responsible for those costs under the preceding provisions of this paragraph or has an equivalent responsibility for housing expenditure; and
  • (iv) it is reasonable in the circumstances to treat him as sharing that responsibility.
  • (3) Subject to sub-paragraph (4), payments on a loan shall constitute an eligible housing cost only if that loan has been obtained for the purposes specified in sub-paragraph (1)(a).
  • (4) Where a loan has been obtained only partly for the purposes specified in sub-paragraph (1)(a), the eligible housing cost shall be limited to that part of the payment attributable to those purposes.

Accommodation also used for other purposes

5

Where amounts are payable in respect of accommodation which consists partly of residential accommodation and partly of other accommodation, only such proportion thereof as is attributable to residential accommodation shall be eligible to be taken into account as housing costs.

Ineligible service and fuel charges

6

Housing costs shall not include—

  • (a) where the costs are inclusive of ineligible service charges within the meaning of paragraph 1(a)(i) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 1(a)(i) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (ineligible service charges), the amounts specified as ineligible in paragraph 2 of the appropriate Schedule 1;
  • (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (b) where the costs are inclusive of any of the items mentioned in paragraph 6(2) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 6(2) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (payment in respect of fuel charges), the deductions prescribed in that paragraph unless the parent provides evidence on which the actual or approximate amount of the service charge for fuel may be estimated, in which case the estimated amount;
  • (c) charges for water, sewerage or allied environmental services and where the amount of such charges is not separately identified, such part of the charges in question as is attributable to those services and
  • (d) where the costs are inclusive of charges, other than those which are not to be included by virtue of sub-paragraphs (a) to (c), that part of those charges which exceeds the greater of the following amounts—
  • (i) the total of the charges other than those which are ineligible service charges within the meaning of paragraph 1 of Schedule 1 to the Housing Benefit Regulations (housing costs);
  • (ii) 25 per centum of the total amount of eligible housing costs,

and for the purposes of this sub-paragraph, where the amount of those charges is not separately identifiable, that amount shall be such amount as is reasonably attributable to those charges.

Interpretation

7

In this Schedule except where the context otherwise requires—

  • “close relative" means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or if any of the preceding persons is one member of a couple, the other member of that couple;
  • “co-ownership scheme" means a scheme under which the dwelling is let by a housing association and the tenant, or his personal representative, will, under the terms of the tenancy agreement or of the agreement under which he became a member of the association, be entitled, on his ceasing to be a member and subject to any conditions stated in either agreement, to a sum calculated by reference directly or indirectly to the value of the dwelling;
  • “housing association" has the meaning assigned to it by section 1(1) of the Housing Association Act 1985 .

SCHEDULE 4 — CASES WHERE CHILD SUPPORT MAINTENANCE IS NOT TO BE PAYABLE

The payments and awards specified for the purposes of regulation 26(1)(b)(i) are—

  • (a) the following payments under the Contributions and Benefits Act—
  • (i) sickness benefit under section 31;
  • (ii) invalidity pension under section 33;
  • (iii) invalidity pension for widowers under section 34;
  • (iv) maternity allowance under section 35;
  • (v) invalidity pension for widows under section 40;
  • (vi) attendance allowance under section 64;
  • (vii) severe disablement allowance under section 68;
  • (viii) invalid care allowance under section 70;
  • (ix) disability living allowance under section 71;
  • (x) disablement benefit under section 103;
  • (xi) disability working allowance under section 129;
  • (xii) statutory sick pay within the meaning of section 151;
  • (xiii) statutory maternity pay within the meaning of section 164;
  • (b) awards in respect of disablement made under (or under provisions analogous to)—
  • (i) the War Pensions (Coastguards) Scheme 194472;
  • (ii) the War Pensions (Naval Auxiliary Personnel) Scheme 196473;
  • (iii) the Pensions (Polish Forces) Scheme 196474;
  • (iv) the War Pensions (Mercantile Marine) Scheme 196475;
  • (v) the Royal Warrant of 21st December 1964 (service in the Home Guard before 1945)76;
  • (vi) the Order by Her Majesty of 22nd December 1964 concerning pensions and other grants in respect of disablement or death due to service in the Home Guard after 27th April 195277;
  • (vii) the Order by Her Majesty (Ulster Defence Regiment) of 4th January 197178;
  • (viii) the Personal Injuries (Civilians) Scheme 198379;
  • (ix) the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 198380; and
  • (c) payments from the Independent Living Fund.

Signed

Signed by authority of the Secretary of State for Social Security.

Alistair Burt — Parliamentary Under-Secretary of State, — Department of Social Security — 1992-07-20

Explanatory note

(This note is not part of the Regulations)

Footnotes

2

Section 54 is cited because of the meaning ascribed to the word “prescribed”.

9

S.I. 1987/1971; the relevant amending instruments are S.I. 1988/1444, 1989/416 and 1991/503, 2910.

10

S.I. 1987/1967; the relevant amending instruments are S.I. 1988/663, 1228, 1445, 2022; 1989/534, 1034, 1678; 1990/547, 1168, 1776; 1991/236, 387, 503, 1559.

11

S.I. 1992/1813.

15

S.I. 1975/555; the relevant amending instruments are S.I. 1977/1693 and 1987/1683.

20

S.I. 1988/1360.

21

1990 c. 6; section 1 is amended by the Further and Higher Education (Scotland) Act 1992 (c. 37), Schedule 9.

22

1973 c. 50; section 2 is substituted by the Employment Act 1988 (c. 19), section 25(1).

25

S.I. 1976/1267; the relevant amending instruments are S.I. 1977/1328, 1991/502, 543, 1595.

30

1973 c. 50, as amended by sections 9 and 11 and Schedule 2, Part II, paragraph 9 and Schedule 3 of the Employment and Training Act 1981 (c. 57).

36

S.I. 1979/591; the relevant amending instrument is S.I. 1980/1975.

37

1973 c. 50; section 2 was amended by sections 9 and 11 of, and Schedule 2, Part II, paragraph 9 and Schedule 3, to the Employment and Training Act 1981 (c. 57).

39

S.I. 1987/1973; the relevant amending instrument is S.I. 1991/1520. At the date of making these Regulations the amount was £257 per annum.

40

S.I. 1983/686.

41

S.I. 1983/1399.

42

S.I. 1988/536; the relevant amending instrument is S.I. 1990/3.

43

1973 c. 50; section 2 was substituted by section 25(1) of the Employment Act 1988 (c. 19).

45

S.I. 1987/1973; the relevant amending instrument is S.I. 1991/503.

46

1976 c. 36. Section 57A was inserted by paragraph 25 of Schedule 10 to the Children Act 1989 (c. 41). The Adoption Allowance Regulations 1991 (S.I. 1991/2030) and the Adoption Allowance (Amendment) Regulations 1991(S.I. 1991/2130) have been made.

50

S.I. 1985/1799.

51

S.I. 1987/1683.

52

S.I. 1988/546.

53

S.I. 1988/551.

58

1980 c. 44; section 49 was amended by the Self Governing Schools (Scotland) Act 1989 (c. 39), Schedule 10.

60

Paragraph 39 was substituted by S.I. 1991/1175.

61

1865 c. 73. Copies of the Order are available from the Ministry of Defence, NPC2, Room 317, Archway Block South, Old Admiralty Buildings, Spring Gardens, London SW1A 2BE.

62

Army Code No. 13045 published by HMSO.

63

1917 c. 51. Queen’s Regulations for the Royal Air Force are available from HMSO.

64

1980 c. 9. Copies of the Regulations are available from the Ministry of Defence, NPC2, Room 317, Archway Block South, Old Admiralty Building, Spring Gardens, London SW1A 2BE.

65

Army Code No. 60589 published by HMSO.

68

1960 c. 58; subsections (8) and (10) of section 4 were amended by section 1(4) and (5) and Schedule 2, Parts I and II of the Education Act 1973 (c. 16).

69

1955 c. 21; section 3(1) was amended by section 14 of the Crofting Reform (Scotland) Act 1976 (c. 21).

70

S.I. 1987/1971.

72

S.I. 1944/500.

73

S.I. 1964/1985.

74

S.I. 1964/2007.

75

S.I. 1964/2058.

76

Cmnd. 2563.

77

Cmnd. 2564.

78

Cmnd. 4567.

79

S.I. 1983/686.

80

S.I. 1983/883.

Child who is allowed to live with his parent under section 23(5) of the Children Act 1989

27A
  • (1) Where the circumstances of a case are that a qualifying child who is in the care of a local authority in England and Wales is allowed by the authority to live with a parent of his under section 22C(2) ... of the Children Act 1989 or under section 81(2) of the Social Services and Well-being (Wales) Act 2014, that case shall be treated as a special case for the purposes of the Act.
  • (2) For the purposes of this case, section 3(3)(b) of the Act shall be modified so that for the reference to the person who usually provides day to day care for the child there shall be substituted a reference to the parent of a child with whom the local authority has allowed the child to live.

Amount payable where absent parent is in receipt of income support or other prescribed benefit

48A

Any guardian’s allowance under Part III of the Contributions and Benefits Act.

48B

Any payment in respect of duties mentioned in paragraph 1(1)(i) of Chapter 1 of Part I of Schedule 1 relating to a period of one year or more.

The payments and awards specified for the purposes of regulation 26(1)(b)(i) are—

  • (a) the following payments under the Contributions and Benefits Act—
  • (i) incapacity benefit under section 30A;
  • (ii) long-term incapacity benefit for widows under section 40;
  • (iii) long-term incapacity benefit for widowers under section 41;
  • (iv) maternity allowance under section 35 or 35B;
  • (v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (vi) attendance allowance under section 64;
  • (vii) severe disablement allowance under section 68;
  • (viii) carer’s allowance under section 70;
  • (ix) disability living allowance under section 71;
  • (x) disablement benefit under section 103;
  • (xi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (xii) statutory sick pay within the meaning of section 151;
  • (xiii) statutory maternity pay within the meaning of section 164;
  • (b) awards in respect of disablement made under (or under provisions analogous to)—
  • (i) the War Pensions (Coastguards) Scheme 1944 ;
  • (ii) the War Pensions (Naval Auxiliary Personnel) Scheme 1964 ;
  • (iii) the Pensions (Polish Forces) Scheme 1964 ;
  • (iv) the War Pensions (Mercantile Marine) Scheme 1964 ;
  • (v) the Royal Warrant of 21st December 1964 (service in the Home Guard before 1945) ;
  • (vi) the Order by Her Majesty of 22nd December 1964 concerning pensions and other grants in respect of disablement or death due to service in the Home Guard after 27th April 1952 ;
  • (vii) the Order by Her Majesty (Ulster Defence Regiment) of 4th January 1971 ;
  • (viii) the Personal Injuries (Civilians) Scheme 1983 ;
  • (ix) the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 ; ...
  • (x) the Armed Forces (Pensions and Compensation) Act 2004; ...
  • (c) the Independent Living (1993) Fund, the Independent Living (Extension) Fund or the Independent Living Fund (2006); ...
  • (d) personal independence payment in accordance with Part 4 of the Welfare Reform Act 2012; and
  • (e) armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011.

SCHEDULE 5 — PROVISIONS APPLYING TO CASES TO WHICH SECTION 43 OF THE ACT AND REGULATION 28 APPLY

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

The provisions of paragraphs (1) and (2) of regulation 5 of the Child Support (Collection and Enforcement) Regulations 1992 shall apply to the transmission of payments in place of payments of child support maintenance under section 43 of the Act and regulation 28 as they apply to the transmission of payments of child support maintenance.

Editorial notes

82

Section 54 is cited because of the meaning ascribed to the word “prescribed".

86

S.I. 1987/1967; the relevant amending instruments are S.I. 1988/663, 1228, 1445, 2022; 1989/534, 1034, 1678; 1990/547, 1168, 1776; 1991/236, 387, 503, 1559.

90

S.I. 1975/555; the relevant amending instruments are S.I. 1977/1693 and 1987/1683.

94

1973 c.50; section 2 is substituted by the Employment Act 1988 (c.19), section 25(1).

100

S.I. 1979/591; the relevant amending instrument is S.I. 1980/1975.

101

1973 c.50; section 2 was amended by sections 9 and 11 of, and Schedule 2, Part II, paragraph 9 and Schedule 3, to the Employment and Training Act 1981 (c.57).

105

S.I. 1988/536; the relevant amending instrument is S.I. 1990/3.

106

1973 c.50; section 2 was substituted by section 25(1) of the Employment Act 1988 (c.19).

108

1976 c.36. Section 57A was inserted by paragraph 25 of Schedule 10 to the Children Act 1989 (c.41). The Adoption Allowance Regulations 1991 (S.I. 1991/2030) and the Adoption Allowance (Amendment) Regulations 1991(S.I. 1991/2130) have been made.

122

Paragraph 39 was substituted by S.I. 1991/1175.

123

1865 c.73. Copies of the Order are available from the Ministry of Defence, NPC2, Room 317, Archway Block South, Old Admiralty Buildings, Spring Gardens, London SW1A 2BE.

124

Army Code No. 13045 published by HMSO.

125

1917 c.51. Queen's Regulations for the Royal Air Force are available from HMSO.

126

1980 c.9. Copies of the Regulations are available from the Ministry of Defence, NPC2, Room 317, Archway Block South, Old Admiralty Building, Spring Gardens, London SW1A 2BE.

127

Army Code No. 60589 published by HMSO.

130

1960 c.58; subsections (8) and (10) of section 4 were amended by section 1(4) and (5) and Schedule 2, Parts I and II of the Education Act 1973 (c.16).

131

1955 c.21; section 3(1) was amended by section 14 of the Crofting Reform (Scotland) Act 1976 (c.21).

137

Cmnd. 2563.

138

Cmnd. 2564.

139

Cmnd. 4567.

157

Words in Sch. 1 Pt. I Ch. 2 para. 3(3) inserted (5.4.1993) by The Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 27(1)(a)

158

Words in Sch. 1 Pt. I Ch. 2 para. 3(3)(a) inserted (5.4.1993) by The Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 27(1)(b)

159

Words in Sch. 1 Pt. I Ch. 2 para. 3(3)(b) inserted (5.4.1993) by The Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 27(1)(b)

160

Words in Sch. 1 Pt. I Ch. 2 para. 3(6) inserted (5.4.1993) by The Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 27(3)

161

Sch. 1 Pt. I Ch. 2 paras. 3(7), (8) inserted (5.4.1993) by The Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 27(4)

163

Words in Sch. 2 para. 25(a) substituted (5.4.1993) by The Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 29

193

Word in reg. 9(2)(c)(iii) inserted and word omitted (18.4.1995) by The Child Support and Income Support (Amendment) Regulations 1995 (S.I. 1995/1045), regs. 1(2), 44(3)(i)-(ii)

202

Word in reg. 11(2)(a)(ii) omitted (18.4.1995) by virtue of The Child Support and Income Support (Amendment) Regulations 1995 (S.I. 1995/1045), regs. 1(2), 46(3)

224

Words in Sch. 1 para. 20(b) substituted (18.4.1995) by The Child Support and Income Support (Amendment) Regulations 1995 (S.I. 1995/1045), regs. 1(2), 54(10) (with regs. 62, 64)

238

Sch. 3B paras. 17-17A substituted for Sch. 3B para. 17 (22.1.1996) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995 (S.I. 1995/3261), regs. 1(2), 49

244

Reg. 15(4): reg. 15(10) renumbered as reg. 15(4) (22.1.1996) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995 (S.I. 1995/3261), regs. 1(2), 44

253

Words in reg. 2(2) substituted (coming into force in accordance with reg. 1(1) of the amending S.I.) by The Child Support (Miscellaneous Amendments) (No. 3) Regulations 1995 (S.I. 1995/3265), regs. 1(1), 3

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