The Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001

Nil rate

5.—(1) The rate payable is nil where the non-resident parent is—

(a)a student;

(b)a child within the meaning given in Article 3 of the Order;

(c)a prisoner;

(d)a person who is 16 or 17 years old and—

(i)in receipt of income support or an income-based jobseeker’s allowance, or

(ii)a member of a couple whose partner is in receipt of income support or an income-based jobseeker’s allowance;

(e)a person receiving an allowance in respect of a relevant training scheme;

(f)a person in a residential care home or nursing home who—

(i)is in receipt of a pension, benefit or allowance specified in regulation 4(1) or (2), or

(ii)has the whole or part of the cost of his accommodation met by a Health and Social Services Board or an HSS trust;

(g)a patient in hospital who is in receipt of income support whose applicable amount includes an amount under paragraph 1(a) or (b) of Schedule 7 to the Income Support Regulations(1) (patient for more than 6 weeks);

(h)a person in receipt of a benefit specified in regulation 4(1) the amount of which has been reduced in accordance with the provisions of regulations 4(d)(2) and 6(3) of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975 (circumstances in which personal benefit is to be adjusted and adjustment of personal benefit after 52 weeks in hospital);

(i)a person who would be liable to pay the flat rate because he satisfies the description in paragraph 4(1)(c) of Schedule 1 to the Order but his net weekly income, inclusive of—

(i)any benefit, pension or allowance that he receives which is prescribed for the purposes of paragraph 4(1)(b) of Schedule 1 to the Order, and

(ii)any benefit that he or his partner receives which is prescribed for the purposes of paragraph 4(1)(c) of Schedule 1 to the Order,

is less that £5 a week.

(2) In this regulation—

(a)a “Health and Social Services Board” means a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972(4);

(b)an “HSS trust” means a Health and Social Services trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991(5), by which functions are exercisable by virtue of an authorisation for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994(6).