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The Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001

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Subsequent decision with effect in transitional period—amount payable

27.—(1) Subject to paragraph (6), where during the transitional period there is a subsequent decision the effective date of which is after the case conversion date, the amount of child support maintenance payable shall be the subsequent decision amount unless any of the following paragraphs apply, in which case it shall be a transitional amount as provided for in those paragraphs.

(2) Where—

(a)the new amount was greater than the former assessment amount; and

(b)the subsequent decision amount is greater than the new amount,

the amount of child support maintenance payable shall be a transitional amount calculated as the transitional amount payable immediately before the subsequent decision (“the previous transitional amount”) increased by the difference between the new amount and the subsequent decision amount and the phasing amounts shall apply to that transitional amount as they would have applied to the previous transitional amount had there been no subsequent decision.

(3) Where—

(a)paragraph (2)(a) applies; and

(b)the subsequent decision amount is equal to or less than the new amount,

the amount of child support maintenance payable shall be the previous transitional amount and the phasing amounts shall apply as they would have applied had there been no subsequent decision.

(4) Where—

(a)the new amount was less than the former assessment amount; and

(b)the subsequent decision amount is less than the new amount,

the amount of child support maintenance payable shall be a transitional amount calculated as the previous transitional amount decreased by the difference between the new amount and the subsequent decision amount and the phasing amounts shall apply to that transitional amount as they would have applied to the previous transitional amount had there been no subsequent decision.

(5) Where—

(a)paragraph (4)(a) applies; and

(b)the subsequent decision amount is equal to or more than the new amount,

the amount of child support maintenance payable shall be the previous transitional amount and the phasing amounts shall apply as they would have applied had there been no subsequent decision.

(6) Paragraphs (2) to (5) shall not apply where the subsequent decision amount is the first prescribed amount or the second prescribed amount or the nil rate.

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