child support act 1991
📖 O que é child support act 1991? Significado e conceito
The Child Support Act 1991, often referred to as 'the 1991 Act', is the primary legislation governing child support maintenance in the UK. It sets out the legal basis for how parents who do not live with their children (non-resident parents) contribute financially to their children's upbringing. The Act has been amended over time by other legislation, such as the Child Support, Pensions and Social Security Act 2000 and the Child Maintenance and Other Payments Act 2008.
Under the 1991 Act, specifically the '2012 scheme' which is currently applicable in many cases, the calculation of child support maintenance is generally based on the non-resident parent's 'historic income'. This typically refers to their taxable income from the last tax year for which HMRC has provided a figure. However, the legislation also allows for variations to this calculation in certain circumstances, for example, if the non-resident parent's current income from employment is significantly lower, or if they have unearned income above a certain threshold.
The Act also grants powers to the Secretary of State to agree to these variations if it would be considered just and equitable in all the circumstances of the case. Tribunals, when hearing appeals related to child support decisions, must undertake a full reconsideration of all issues, including whether a variation should be agreed due to factors like unearned income or diverted income, and must follow the law as declared by higher courts.
📋 Requisitos
- The calculation of child support maintenance is generally based on the non-resident parent’s taxable income.
- The '2012 scheme' under the Act typically uses 'historic income' from the last tax year for which HMRC has provided a figure.
- A variation to the calculation may be considered if the non-resident parent’s current income from employment is at least 25% lower than their historic income.
- Variations can also be agreed if the non-resident parent has unearned income in excess of £2,500.
- The Secretary of State has the power to agree to a variation if it would be just and equitable in all circumstances.
📝 Procedimento
- Ascertain the non-resident parent’s 'gross weekly income' as defined in Schedule 1 to the Act and relevant regulations.
- Calculate the weekly liability to pay child support maintenance by applying the appropriate rules.
- Consider if a variation should be agreed, for example, if the non-resident parent has unearned income above £2,500.
- Assess whether the non-resident parent has diverted income, which could impact the calculation.
- If an appeal is made, a tribunal must undertake a full reconsideration of all issues, including potential variations.
💡 Exemplos
- A parent might appeal a child support decision because their income has significantly decreased since the last tax year, arguing for a variation based on their current lower earnings.
- A tribunal might need to decide if a variation is appropriate because a parent has substantial unearned income, such as rental income or dividends, that wasn't fully accounted for in the initial calculation.
- The calculation of child support for a parent is based on their income from the previous tax year, unless their current employment income has dropped by more than 25%.
📚 Base legal
- Child Support Act 1991
- Child Support Maintenance Calculations Regulations 2012 (SI 2012/2677)
- Child Support, Pensions and Social Security Act 2000
- Child Maintenance and Other Payments Act 2008
❓ Perguntas frequentes
What is the '2012 scheme' mentioned in relation to the Child Support Act 1991?
The '2012 scheme' refers to the current method for calculating child support maintenance under the Child Support Act 1991, as established by the Child Support Maintenance Calculation Regulations 2012. It generally bases calculations on a non-resident parent's historic income.
How is income usually calculated under the Child Support Act 1991?
Under the 2012 scheme, income is generally calculated based on the non-resident parent’s 'historic income', which is their taxable income from the last tax year for which HMRC has provided a figure. This approach prioritises administrative convenience.
Can the child support amount be changed if my income goes down?
Yes, the legislation allows for a 'variation' if your current income from employment is at least 25% lower than the historic income used for the calculation. This variation must be agreed by the Secretary of State if it is considered just and equitable.
Does unearned income affect child support calculations?
Yes, if a non-resident parent has unearned income in excess of £2,500, this can be a basis for a variation to the child support calculation. Tribunals will consider such income when reviewing decisions.
What happens if I disagree with a child support decision made under the 1991 Act?
You have the right to appeal the decision. An appeal would typically lead to a tribunal undertaking a full reconsideration of all the issues, including whether any variations should be applied based on your specific circumstances.