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The Child Support Maintenance Calculation Regulations 2012
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- UK Statutory Instruments
- 2012 No. 2677
- PART 4
- CHAPTER 4
- Regulation 50
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Parent treated as a non-resident parent in shared care casesE+W+S
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50.—(1) Where the circumstances of a case are that—
(a)an application is made by a person with care under section 4 of the 1991 Act M1; and
(b)the person named in that application as the non-resident parent of the qualifying child also provides a home for that child (in a different household from the applicant) and shares the day to day care of that child with the applicant,
the case is to be treated as a special case for the purposes of the 1991 Act.
(2) For the purposes of this special case, the person mentioned in paragraph (1)(b) is to be treated as the non-resident parent if, and only if, that person provides day to day care to a lesser extent than the applicant.
(3) Where the applicant is receiving child benefit in respect of the qualifying child the applicant is assumed, in the absence of evidence to the contrary, to be providing day to day care to a greater extent than any other person.
[F1(4) For the purposes of paragraph (3), where a person has made an election under section 13A(1) of the Social Security Administration Act 1992 (election not to receive child benefit) for payments of child benefit not to be made, that person is to be treated as receiving child benefit.]
Textual Amendments
F1Pt. 4 reg. 50(4) inserted (30.9.2013) by The Child Support (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/1517), regs. 1(2), 8(4)
Commencement Information
I1Reg. 50 wholly in force; reg. 50 not in force at made date; reg. 50 in force at 29.7.2013 for certain purposes and reg. 50 in force at 25.11.2013 in so far as not already in force, see reg. 1, SI 2013/1860 and S.I. 2013/2947
Marginal Citations
M1Section 4 was amended by section 18(1) of the Child Support Act 1995 (c.34), paragraph 19 of Schedule 7, and Schedule 8, to the Social Security Act 1998 (c.14), sections 1(2) and 2(1) to (3) of, and paragraph 11(1) to (3) of Schedule 3 to, the Child Support, Pensions and Social Security Act 2000 (c. 19) and by section 35(1) of, and Schedule 8 to, the Child Maintenance and Other Payments Act 2008 (c. 6).
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