Risk of violence to the carer or their children
An Unsupported Child's Benefit carer does not need to apply for Child Support if, by applying or taking steps to apply for Child Support from the liable parent, there would be a risk of violence to the carer, any of their immediate family, the Unsupported Child's Benefit child or the child's immediate family.
All risks of violence to the carer, children in their care, or other people in their household must be taken seriously
Violence means any of the following:
- physical abuse
- sexual abuse
- psychological abuse including intimidation
- harassment
- damage to property
- financial or economic abuse or
- threats of abuse
A carer does not need to give details of events that have led to concerns about violence. The information from the carer should be accepted at face value. Written proof such as police reports, or third-party verification are not required.
Some examples of situations when there is a risk of violence and a carer does not need to apply for Child Support include when:
- MSD is aware of concerns about violence e.g. we have existing information that the carer or a member of their family has been or could be at risk of violence from the liable parent, a family member, or a close associate of the liable parent or
- the carer has informed us about concerns of violence they have e.g. the carer states they believe, or are concerned, that applying for Child Support may place themselves, the children in their care, or someone in their immediate family at risk of violence from the liable parent or close associate of that liable parent
Even if the risk of violence only applies to one of the child's two parents, the carer is not required to apply for Child Support.
For more information see:
Legislation
- UCB beneficiary is not required to apply for formula assessment section 9(5)(b) Child Support Act 1991
- violence (definition) section 9(6) Child Support Act 1991
- Meaning of family violence section 9 Family Violence Act 2018
