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The Child Support (Maintenance Calculations and Special Cases) Regulations 2000
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- UK Statutory Instruments
- 2001 No. 155
- PART III
- Article 11
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Changes and effects yet to be applied to Section 11:
- Regulations applied (with modifications) by S.I. 2010/1907 reg. 16(2)(e)(iii)(3)
- Regulations revoked by S.I. 2012/2785 reg. 10(e)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. para. 13A added by S.I. 2003/328 reg. 8(4)(e)
- Sch. para. 17 added by S.I. 2004/2415 reg. 7(4)
- Sch. para. 4(1)(dd) comma substituted for word by S.I. 2014/3255 art. 9(a)
- Sch. para. 11(2A) inserted by S.I. 2003/328 reg. 8(4)(c)(iv)
- Sch. para. 4(1)(dd) inserted by S.I. 2004/2415 reg. 7(3)
- Sch. para. 4(2)(g)(iia) inserted by S.I. 2004/3168 art. 54
- Sch. para. 4(2)(g)(iib) inserted by S.I. 2005/2060 Sch. para. 15(b)
- Sch. para. 5(3)(4) inserted by S.I. 2012/712 reg. 6(5)
- Sch. para. 6A inserted by S.I. 2012/712 reg. 6(6)
- Sch. para. 9A inserted by S.I. 2012/712 reg. 6(7)
- Sch. para. 4(2)(g)(iia) inserted by S.I. 2005/2929 art. 54
- Sch. para. 4(1)(dd) words inserted by S.I. 2014/3255 art. 9(b)
- Sch. para. 6A(1)(2) words substituted by S.I. 2012/2007 Sch. para. 114(2)
- Sch. para. 9A(1)(2) words substituted by S.I. 2012/2007 Sch. para. 114(3)
- Sch. para. 4(2)(g)(iib) words substituted by S.I. 2013/602 Sch. 2 para. 80
- reg. 1(2)(a)(ii) words omitted by S.I. 2008/2543 reg. 7(2)
- reg. 4(g) and word added by S.I. 2005/785 reg. 6(2)(b)
- reg. 4(1)(f) and word added by S.I. 2003/2779 reg. 6(3)(b)
- reg. 4(1)(f) substituted by S.I. 2005/2877 Sch. 4 para. 7(3)
- reg. 4(1)(f) word omitted by S.I. 2008/1554 reg. 61(3)(a)(i)
- reg. 4(1)(g) word omitted by S.I. 2015/1985 art. 19(a)
- reg. 4(1)(h) and word added by S.I. 2008/1554 reg. 61(3)(a)(ii)
- reg. 4(1)(i) and word inserted by S.I. 2015/1985 art. 19(b)
- reg. 4(2)(c) and word added by S.I. 2002/3019 reg. 27(3)
- reg. 4(2)(d) and word added by S.I. 2008/1554 reg. 61(3)(b)
- reg. 4(2)(e) and word inserted by S.I. 2013/630 reg. 43(3)(a)
- reg. 4(4) inserted by S.I. 2013/630 reg. 43(3)(b)
- reg. 5(d)(iii)(iv) and semi-colon inserted by S.I. 2013/630 reg. 43(4)
- reg. 5(gg) inserted by S.I. 2002/3019 reg. 27(4)
- reg. 5(gg) word inserted by S.I. 2005/785 reg. 6(3)(a)
- reg. 8(3)(a) words in reg. 8(3) renumbered as reg, 8(3)(a) by S.I. 2013/1517 reg. 6(3)
- reg. 8(3)(b) inserted by S.I. 2013/1517 reg. 6(3)
- reg. 11(5) added by S.I. 2003/2779 reg. 6(5)(b)
Non-resident parent liable to pay maintenance under a maintenance orderE+W+S
11.—(1) Subject to paragraph (2), where the circumstances of a case are that—
(a)an application for child support maintenance is made or treated as made, as the case may be, with respect to a qualifying child and a non-resident parent; and
(b)an application for child support maintenance for a different child cannot be made under the Act but that non-resident parent is liable to pay maintenance under a maintenance order for that child,
that case shall be treated as a special case for the purposes of the Act.
(2) This regulation applies where the rate of child support maintenance payable is the basic rate, or the reduced rate, or has been calculated following agreement to a variation where the non-resident parent’s liability would otherwise have been a flat rate or the nil rate.
(3) Where this regulation applies, the amount of child support maintenance payable by the non-resident parent shall be ascertained by—
(a)calculating the amount of maintenance payable as if the number of qualifying children of that parent included any children with respect to whom he is liable to make payments under the order referred to in paragraph (1)(b); and
(b)apportioning the amount so calculated between the qualifying children and the children with respect to whom he is liable to make payments under the order referred to in paragraph (1)(b),
and the amount payable shall be the amount apportioned to the qualifying children, and the amount payable to each person with care shall be that amount subject to the application of apportionment under paragraph 6 of Schedule 1 to the Act and the shared care provisions in paragraph 7 of Part I of that Schedule.
(4) In a case where this regulation applies paragraph 7 of Part I of Schedule 1 to the Act (shared care) and regulation 10 (care provided in part by local authority) shall not apply in relation to a child in respect of whom the non-resident parent is liable to make payments under a maintenance order as provided in paragraph (1)(b).
Commencement Information
I1Reg. 11 coming into force into accordance with {reg. 1(4)}
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