A Guide to the Child
Support Agency Reforms 15 November 2004 |
On 27 January 2003, the Secretary for Work and Pensions
made a statement to the House of Commons confirming that
the long-awaited child support reforms would come into
force on 3 March 2003. The original plans for reform
were published in a Government White Paper in July 1999
and it has taken nearly four years for the plans to come
to fruition.
The aim of the reform is to make the
workings of the child support agency easier for people
to understand. It will also make it easier for the
agency itself to calculate just how much maintenance is
payable, and paying parents will be able to anticipate
what they are likely to be required to pay.
The main reform is in relation to how
maintenance is calculated. Non-resident parents will be
expected to pay, depending on their income, as follows:
1. Net income of between £200 and £2,000 per week (after
tax, national insurance and pension contributions are
deducted): 15% of weekly wage paid if have one child,
20% if have two and 25% if have three or more. 2. Net
income of less than £100 per week, those in receipt of
income support or jobseeker's allowance: flat rate
payment of £5 per week. 3. Net income between £100 and
£200: payment will be assessed on a sliding scale. Any
weekly income over and above the £2,000 will not be
taken into consideration for assessment purposes.
Parents with care should be aware
that the above payments are not always guaranteed. There
are, for example, special rules governing parents with
shared care and also situations where the non-resident
parent has a new family. These rules will significantly
reduce the amount of maintenance due to be paid.
Where the parents share the care of
children, the non-resident parent will not be expected
to pay the full maintenance. Instead, the amount due
will be reduced by one-seventh for every 52 nights that
the children stay with the non-resident parent. This is
best explained by means of a calculation: For example: 2
children = 20% of weekly wage If weekly wage = £2,000;
amount due is 20% x £2,000 = £400 per week maintenance.
If children stay with the non-resident parent for 52
nights per year (ie: one night per week), the
maintenance is reduced by one-seventh: 1/7 x £400 =
£57.14. The maintenance due is therefore £400 - £57.14 =
£342.86.
Where the non-resident parent has an
extra family, allowance is made for this. If the
non-resident parent is living in a household with a
child, regardless of whether that child is their own or
is receiving maintenance from it's own parent, then the
non-resident parent's net income is reduced by the
amount of children in the new household. The net income
is therefore reduced by 15% for one child, 20% for two
and 25% for three or more. Once the new income figure is
calculated, only then is maintenance calculated for the
parent with care.
If the non-resident parent has more
than one family that they do not live with, the amount
of maintenance is shared between the families in
proportion to the number of children in each household.
For example, if a non-resident parent has three children
with two different partners neither of which he lives
with, 25% of his net income will be shared between the
two partners according to the number of children they
each have.
A further reform relates to parents
with care who are in receipt of income support or
jobseeker's allowance. If they are on the new child
support scheme, they will be allowed to keep up to £10
per week of the maintenance paid for the children.
The new rules are being introduced
gradually and will initially only apply to new
applications and some existing clients who are involved
in new applications. This means that anybody who has a
liability under the old scheme but is also the subject
of a different application under the new scheme, may
have all their maintenance assessed under the new scheme
in the interests of fairness.
If a non-resident parent currently
pays maintenance under the terms of a court order or a
written agreement between themselves and the parent with
care, the new reforms will not apply to them.
Anybody who is interested in finding
out more information about the reforms may find the
Child Support Agency website at www.csa.gov.uk.
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