Care to the Greater Extent

CSA will often imply that a PWC is defined by the parent/person in receipt of child benefit.     This is not correct.    Section 3 Paragraph 3 (b) of Child Support Act 1991 defines the PWC as the person who provides 'Day to Day Care' to the greater extent and this definition should be applied before any consideration is given to the recipient of child benefit. 

A claim for child benefit is only relevant if the care of a child is shared equally between parents. In these cases, it can be argued that neither parent provides care to the greater extent, and in which case the decision focuses on who receives child benefit for the child.   

A Commissioner ruling by Judge Wikeley helped to define the meaning of  'Day to Day Care' and how this should be applied to child support cases. A copy of Judge Wikeley's decision can be downloaded here

 

 

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