Who is a child under child maintenance?

Arranging child maintenance

Child maintenance covers how a child’s living costs will be paid when one of the parents does not live with the child. There is no exemption for child maintenance; both parents are responsible for the costs of raising their children, even if they do not see them (the duty to maintain; Child Support Act 1991 Section 1).

The government explains that the maintenance calculation “represents an amount of money that is broadly commensurate with the amount that a paying parent would spend on the child if they were still living with them, irrespective of the income or assets of the receiving parent.” More information can be found in the Library briefing on how child maintenance is calculated.

The age child maintenance is payable up to is based on when the child is a dependent. This can be up to the age of 16, or in some cases up to the age of 20.

The information below refers to child maintenance arranged by the government’s statutory Child Maintenance Service.

Who is a child under child maintenance?

As set out in section 55 of the Child Support Act 1991 (as amended), a person is considered a child for child maintenance purposes if they are:

• under the age of 16, or
• under the age of 20 and are a qualifying young person (see below).

More information on who is considered a child can be found in chapter 5 (volume 1) of the Department for Work and Pensions guidance for child maintenance decision makers. The guidance also adds that a person continues to be treated as a child if they are:

1. aged over 16 but under 20, and

2. in full-time non-advanced education or approved training

Note: A person is not considered a child if they are (or have been) married or in a civil partnership.

Who is a ‘qualifying young person’?

The definition of a qualifying young person is also explained in chapter 5 of the decision makers guidance. A qualifying young person is aged between 16 and 19 (inclusive), and:

• child benefit (CHB) is payable, or

• they are in full-time, non-advanced education, or

• they are receiving home education, approved by the local authority and for which they have received a statement of special education needs from that local authority.

The guidance explains that child benefit must be payable, but it is not necessary for it to be actually paid. For example, a person may have chosen not to receive child benefit because they are a high earner. In this case, child benefit would still be treated as payable.

What counts as full-time, non-advanced education or approved training?

Education is ‘full-time’ when (on average) a person is spending over 12 hours per week during term-time in pursuit of a course. Generally, non-advanced education is education up to A Level or equivalent. Examples of non-advanced education include:

• GCSEs
• A Levels
• Levels 1, 2 or 3 of a National Vocational Qualification (NVQ) or Scottish Vocational Qualification (SVQ)
• BTEC National Diplomas

For more information, HMRC maintains a (non-exhaustive) list of full-time non-advanced education and approved training on gov.uk.

What if the child has left education or training?

If a child maintenance case is arranged through the government’s statutory Child Maintenance Service, there are some changes either parent must report by law “as soon as it happens”. One of the changes that must be reported is a change in the child’s education or training after they turn 16.

However, as child maintenance is linked to child benefit, the gov.uk page on when child maintenance stops explains a person needs to tell HMRC about any changes to a child’s education or training instead of the Child Maintenance Service. The changes that need to be reported are:

• if the child turns 16 and stays in approved education or training
• if the child later leaves the approved education or training before they turn 20.

If either parent thinks the Child Maintenance Service has made a mistake, for example by cancelling the calculation when the child is still in approved education or training, they can ask the Service to look again at its decision (a ‘mandatory reconsideration’).

Information on how to ask the Service for a mandatory reconsideration and what to include is available on the gov.uk webpage on how to ask for mandatory reconsideration. Information is also available from Citizens Advice:

• Challenging what the CMS says you should pay or
• Challenging what the CMS says you should get.

Further information

More information on the Child Maintenance Service can be found in the following Commons Library briefings:

• How is child maintenance calculated?
• Child maintenance arrears and enforcement
• Child maintenance: FAQs on the paying parent’s income

About the author: Niamh Foley is a researcher at the House of Commons Library, specialising in child maintenance

Disclaimer

The Commons Library does not intend the information in this article to address the specific circumstances of any particular individual. We have published it to support the work of MPs. You should not rely upon it as legal or professional advice, or as a substitute for it. We do not accept any liability whatsoever for any errors, omissions or misstatements contained herein. You should consult a suitably qualified professional if you require specific advice or information. Read our briefing for information about sources of legal advice and help.