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Reviews of maintenance assessments etc.

Reviews at instigation of child support officers

9.  For Article 21 of the Order of 1991 there shall be substituted—

Reviews at instigation of child support officers

21.(1) Where a child support officer is not conducting a review under Article 18, 19 or 20, he may nevertheless review—

(a)a refusal to make a maintenance assessment,

(b)a refusal to review a maintenance assessment under Article 19,

(c)a maintenance assessment (whether or not in force),

(d)a cancellation of a maintenance assessment, or

(e)a refusal to cancel a maintenance assessment,

if he suspects that it may be defective for one or more of the reasons set out in paragraph (2).

(2) The reasons are that the refusal, assessment or cancellation—

(a)was made in ignorance of a material fact;

(b)was based on a mistake as to a material fact; or

(c)was wrong in law.

(3) If, on completing such a review, the child support officer is satisfied that the refusal, assessment or cancellation is defective for one or more of those reasons, he may—

(a)take no further action;

(b)in the case of a maintenance assessment which has been cancelled, set aside the cancellation;

(c)make a maintenance assessment;

(d)make a fresh maintenance assessment;

(e)cancel the maintenance assessment in question.

(4) Where a child support officer sets a cancellation aside under paragraph (3), the maintenance assessment in question shall have effect as if it had never been cancelled.

(5) Any cancellation of a maintenance assessment under this Article shall have effect from such date as may be determined by the child support officer.

(6) Where a child support officer suspects that if an application for a review of a maintenance assessment were to be made under Article 19 it would be appropriate to make one or more fresh maintenance assessments, he may review the maintenance assessment even though no application for its review has been made under that Article.

(7) If, on completing a review by virtue of paragraph (6), the child support officer is satisfied that it would be appropriate to make one or more fresh maintenance assessments, he may do so.