7. Assessments

7.1. How does the CSA decide who is the Non-Resident Parent? (2001-10-31)

In cases where both parents have care the CSA chooses fairly arbitrarily which one should be treated as the non-resident parent. They argue that it makes little difference.

They have been known to choose on the basis of which parent receives Child Benefit. In these cases they simply follow the DSS's decision but this is not correct (see below).

7.2. What if care of the child is shared? (2001-10-31)

Unless someone looks after a child for at least 104 nights then any time they do look after the child is ignored and no allowance is made. The agency is empowered to consider time spent rather than actual nights but they are reluctant to do so.

The period for which the nights are counted is "the 12 month period ending in the Relevant Week". The period can (at the CSA's discretion) be a shorter period, but it still has to end in the Relevant Week. So, if you are sent a MEF, dated say 17 December 1998, the period will be 19 Dec 1997 to 18 Dec 1998. This is bizarre, because to get a change in the care arrangement recognised, not only does the care have to follow the new pattern for 12 months, but then a fresh MEF must be sent to set up a fresh relevant week, to legitimise that 12 month period's care. Completely crazy!

The agency is not empowered to consider future care patterns. They have been known to, though.

In a case where both parents has the child for more than 104 nights in the 12 month period ending in the relevant week, neither parent is an NRP. However, the CSA requires one to be treated as NRP, so MASC Regulation 20 helps with this. In summary, whichever parent has the child for the least nights is to be treated as NRP. The parents can only have the child for an equal number of nights in a 12 month period including a 29 February. And only then can the CSA legally use receipt of Child Benefit to decide which parent is the NRP.

See Commissioner cases CCS 13455/96, CCS 11588/95 and CCS 1867/97 for fuller discussions on this subject.

7.3. What are the main steps of the formula?

This is very simplified just to get an overall view of what happens.

7.3.1. The maintenance requirement (2001-10-31)

* Income Support allowances for the child(ren)
* plus Income Support family premium
* plus allowance for "parent as carer"
* less child benefit.

7.3.2. Exempt income (2001-10-31)

This is the parent's income which is not available to the CSA
* Income Support allowances for the parent, any of their child(ren) living with them and family allowance if there are children. Child related allowances may be halved if the child(ren)'s other parent lives in the same household and has adequate income.
* plus housing costs
* plus pre-April 93 property settlement allowance
* plus travel-to work costs for employees if over 150 miles

Capital/property settlement after 1993 can be taken into account. See Child Support (Miscellaneous and Special Cases) Regulations, Schedule 3A.

7.3.3. Net income (2001-10-31)

Pretty much all regular income but there are lots of minor exceptions

7.3.4. Assessable income (2001-10-31)

Net income less exempt income

7.3.5. Proposed maintenance (2001-10-31)

If the assessable income is up to twice the maintenance assessment then half the assessable income is the proposed maintenance.

If the assessable income is more than that then there is an "additional element" of a percentage of the remaining assessable income.

This percentage is 15% for one child, 20% for 2 and 25% for 3 or more.

7.3.6. Protected income (2001-10-31)

This is approximately what the new family would receive if it was on Income Support.

If the total household income less the proposed maintenance would leave the family worse off than this then the proposed maintenance is reduced.

7.4. What is the Relevant Week? (2001-10-31)

It is the week used when calculating income. It is the week immediately prior to the date the Maintenance Enquiry Form is treated as sent. This is 2 working days (including Saturdays) after the agency post the form. For example, if the form were posted on Friday 18th then it would be treated as being sent on Monday 21st and the Relevant Week would be the seven days ending on Sunday 20th.

7.5. What are the benefit rates used in the calculations? (2001-11-30)

The figures below need updating, but a way to answer this question is to download the assessment calculator from this web site, and look at the last worksheet - this shows the benefits rates used by the spreadsheet.

7.5.1. Income Support 7 April 96 to 6 April 97 (1999-07-28)

Children's Personal Allowances:
Under 11 16.45
Aged 11-15* ?
Aged 16-18* ?

* These rates apply from the first Monday in the September after the 11th/16th birthday.

Adult's Personal Allowance:
Over 25 47.90
Couple* ?
* Protected income calculation only

Premiums:
Family ?
Family (lone parent) 15.55

7.5.2. Income Support 7 April 97 to 6 April 98 (1999-07-28)

Children's Personal Allowances:
Under 11 16.90
Aged 11-15* 24.75
Aged 16-18* 29.60

* These rates apply from the first Monday in the September after the 11th/16th birthday.

Adult's Personal Allowance:
Over 25 49.15
Couple* 77.15
* Protected income calculation only

Premiums:
Family 10.80
Family (lone parent) 15.75

7.5.3. Income Support 7 April 98 to 6 April 99 (1999-07-28)

Children's Personal Allowances:
Under 11 17.30
Aged 11-15* 23.25
Aged 16-18* 30.30
* These rates apply from the first Monday in the September after the 11th/16th birthday.

Adult's Personal Allowance:
Over 25 50.35
Couple* 79.00
* Protected income calculation only

Premiums:
Family 11.05
Family (lone parent) 15.75

7.5.4. Income Support 12 April 99 to ? April 00 (1999-07-28)

Children's Personal Allowances:
Under 11 20:20
Aged 11-15* 25:90
Aged 16-18* 30.95

* These rates apply from the first Monday in the September after the 11th/16th birthday.

Adult's Personal Allowance:
Over 25 51:40
Couple* 80:65
* Protected income calculation only

Premiums:
Family 13.90

7.5.5. Carer element (baby sitter) rates (1999-07-28)

Youngest child - % of IS Over 25 Adult's Personal Allowance
Under 11 100%
Aged 11-13* 75%
Aged 14-15* 50%
* Becomes effective on child's birthday.

So, for example, using April 97 rates, and youngest child 16, this would be 50% of 49.15 that is 24.58

7.5.6. Child Benefit 96-7 (1999-07-28)

First child 10.80
Other child 8.80

7.5.7. Child Benefit 96-7 (1999-07-28)

First child 10.80
Other child 8.80

7.5.8. Child Benefit 97-8 (1999-07-28)

First child 11.05
Other child 9.00

7.5.9. Child Benefit 99-00 (1999-07-28)

First child 14.00 (17.10 with protected rights)
Other child 9.60
Carers Premium
Under 11 Years old 51.40
11 But under 14 Years old 38.55