Statutory Instruments
2013 No. 1654
Family Law
Child Support
Social Security
The Child Support and Claims and Payments (Miscellaneous Amendments and Change to the Minimum Amount of Liability) Regulations 2013
Made
3rd July 2013
Coming into force in accordance with regulation 1
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 14(1), 43 and 52(4) of, and paragraphs 3(2) and 10A(1)(b) of Schedule 1 and paragraphs 4(1) and 5 of Schedule 4B to, the Child Support Act 1991( 1 ) and section 5(1)(p) of the Social Security Administration Act 1992( 2 ).
The Social Security Advisory Committee has agreed that the proposals in respect of these Regulations, so far as made under that section 5(1)(p), should not be referred to it( 3 ).
A draft of this instrument was laid before and approved by a resolution of each House of Parliament in accordance with section 52(2)( 4 ) of the Child Support Act 1991.
Citation and commencement
1. —(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)( 5 ) 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.
Amendment to Schedule 1 to the Child Support Act 1991
2. In Schedule 1 to the Child Support Act 1991 (calculation of weekly amount of child support maintenance)( 6 ), paragraph 5A(2)( 7 ) shall have effect as if for “£5” in that paragraph there is substituted “£7”.
Amendment to the Social Security (Claims and Payments) Regulations 1987
3. 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)( 8 )—
(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( 9 )”.
Amendment to the Child Support Information Regulations 2008
4. In regulation 9A(9) of the Child Support Information Regulations 2008 (duty to notify increase in current income)( 10 ), for “£5” substitute “£7”.
Amendment to the Child Support Maintenance Calculation Regulations 2012
5. —(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 (%) | |
|---|---|---|
| 1 qualifying child of the non-resident parent | 0 | 17.0 14.1 13.2 12.4 |
| 1 | ||
| 2 | ||
| 3 or more | ||
| 2 qualifying children of the non-resident parent | 0 | 25.0 |
| 1 | 21.2 | |
| 2 | 19.9 | |
| 3 or more | 18.9 | |
| 3 or more qualifying children of the non-resident parent | 0 | 31.0 |
| 1 | 26.4 | |
| 2 | 24.9 | |
| 3 or more | 23.8 ” |
(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. ” .
Signed by the authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State
Department for Work and Pensions
3rd July 2013
1991 c. 48 . Section 43 was inserted by the Child Support, Pensions and Social Security Act 2000 (c. 19) (“the 2000 Act”), section 21. Section 54(1) is cited for the meaning of prescribed. Schedule 1 was substituted by the 2000 Act, section 1(3); paragraph 10A(1) was amended by the Child Maintenance and Other Payments Act 2008 (c. 6) (“the 2008 Act”), Schedule 7, paragraph 1(30). Schedule 4B was substituted by section 6(2) of, and Schedule 2 to, the 2000 Act.
See sections 172(1) and 173(1)(b) of the Social Security Administration Act 1992 (c. 5) .
Section 52(2) was substituted by the Child Support, Pensions and Social Security Act 2000 (c. 19) , section 25.
Paragraph 5A was inserted by the 2008 Act, Schedule 4, paragraph 5 and subsequently amended by S.I. 2012/2678 .
S.I. 1987/1968 . Schedule 9B was inserted by S.I. 2001/18 , regulation 2(b), Schedule.
S.I. 2008/2551 . Regulation 9A was inserted by S.I. 2012/2785 , regulation 8(4).