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Why the rules for working out child maintenance have changed

From 3 March 2024 the Child Support Agency (CSA) changed the way it works out child maintenance for applications made after this time. This was to make child maintenance:

• simpler to manage
• easier to understand

Cases opened before March 2003 are called 1993 scheme cases. They are also sometimes known as 'old scheme' cases.

Cases opened after March 2003 are called 2003 scheme cases. They are also sometimes known as 'current scheme' cases.

The 2003 scheme does not change:

• who can qualify for child maintenance
• how child maintenance should be paid
• what powers the CSA has to enforce payments

When a 1993 scheme case moves to the 2003 scheme

The CSA has to use the same rules to work out child maintenance for every child with the same parent with care or non-resident parent. The CSA will do this even if they’re in different cases.

The parent or person with care is the parent or carer who the child normally lives with. The non-resident parent is the parent who the child does not normally live with.

This means the CSA will move your 1993 scheme case onto 2003 scheme rules if all of the following circumstances apply:

• you are part of a CSA case which was opened before 3 March 2024
• you have made a new application or been named in a new application on or after 3 March 2024
• the children in the new application have a different parent to the children in the existing case

These are the only times a case can be moved from the 1993 scheme to the 2003 scheme.

The main differences between the 1993 and 2003 schemes

The most important difference between the 1993 and 2003 schemes are the different rules for working out child maintenance. You can get information on how child maintenance is worked out for 2003 scheme cases using the following link:

• How the CSA works out child maintenance

Other differences with the 2003 scheme

Other differences with the 2003 scheme include:

• a simpler way of working out the net income of a non-resident parent
• different rules for shared care of children needing child maintenance

Under 2003 scheme rules, children only need to stay with the non-resident parent for 52 nights a year before child maintenance is reduced. Under 1993 scheme rules, children have to stay with the non-resident parent for at least 104 nights before child maintenance is reduced.

Under the 2003 scheme, the following rules also apply

Non-resident parents do not have to pay any child maintenance at all if both of the following apply:

• they are on benefits
• they share the care of their children for at least 52 nights a year

The CSA does not take into account or need to know:

• the incomes of the parent with care or a non-resident parent's partner
• either parent's costs for housing or for travelling to work

The CSA can adjust the amount of child maintenance if there are other factors that should be considered. These are known as ‘variations’.

If a parent doesn’t give the information needed to work out child maintenance, the CSA can make a ‘default maintenance decision’. The decision will show how much child maintenance must be paid.

If your case needs to move to the 2003 scheme

If your case needs to be moved to the 2003 scheme, the CSA will:

• contact you and the other parent to tell you that they are moving your existing case
• look at the information they already have about the new case
• gather any other information they need
• work out a new child maintenance amount using 2003 scheme rules

Changes to your child maintenance payments

In most cases, the amount of child maintenance will change when you move to the 2003 scheme. Payments may be higher or lower.

Usually, the CSA will introduce any changes to the payments gradually, in fixed yearly steps, for up to five years. This is to give both parents time to get used to the change in their budget.

For more information about the 2003 scheme, download the following leaflet.

• Download 'My case is moving to the child maintenance scheme introduced in 2003 - what will change' (PDF, 292K) Opens new window

• Help with PDF files

More useful links

• Changes you need to tell the CSA about