Child Support Act 1995

Reviews of maintenance assessments etc.

11 Reviews: interim maintenance assessments

In section 12 of the 1991 Act (interim maintenance assessments), for subsection (1) substitute—

“(1) This section applies where a child support officer—

(a) is required to make a maintenance assessment;

(b) is proposing to conduct a review under section 16, 17, 18 or 19; or

(c) is conducting such a review.

(1A) If it appears to the child support officer that he does not have sufficient information to enable him—

(a) in a case falling within subsection (1)(a), to make the assessment,

(b) in a case falling within subsection (1)(b), to conduct the proposed review, or

(c) in a case falling within subsection (1)(c), to complete the review,

he may make an interim maintenance assessment.”

12 Reviews on change of circumstances

(1) Section 17 of the 1991 Act (reviews on change of circumstances) is amended as follows.

(2) After subsection (2) insert—

“(2A) The Secretary of State shall refer to a child support officer any application under this section which is duly made.”

(3) In subsection (3)—

(a) after “subsection (6)” insert “, or by virtue of subsection (7),”; and

(b) for “the review applied for” substitute “a review”.

(4) After subsection (4) insert—

“(4A) Where a child support officer is conducting a review under this section, and the original assessment has ceased to have effect, he may continue the review as if the application for a review related to the original assessment and any subsequent assessment.”

(5) For subsection (5) substitute—

“(5) In conducting a review under this section, the child support officer shall take into account a change of circumstance only if—

(a) he has been notified of it in such manner, and by such person, as may be prescribed; or

(b) it is one which he knows has taken place.”

(6) In subsection (6)—

(a) for “any review” substitute “a review of the original assessment”; and

(b) after “maintenance assessment” insert “by reference to the circumstances of the case as at the date of the application under this section”.

(7) After subsection (6) add—

“(7) On completing a review of any subsequent assessment under this section, the child support officer concerned shall make a fresh maintenance assessment except in such circumstances as may be prescribed.

(8) In this section “subsequent assessment” means a maintenance assessment made after the original assessment with respect to the same persons as the original assessment.”

13 Continuation of reviews under section 18 of 1991 Act

In section 18 of the 1991 Act (reviews of decisions of child support officers), after subsection (6) insert—

“(6A) Where a child support officer is conducting a review under this section and the maintenance assessment in question (“the original assessment”) is no longer in force, he may continue the review as if the application for a review related to the original assessment and any maintenance assessment made after the original assessment with respect to the same persons as the original assessment.”

14 Cancellation of maintenance assessments on review

(1) In section 18 of the 1991 Act (reviews of decisions of child support officers), after subsection (10) insert—

“(10A) If a child support officer conducting a review under this section is satisfied that the maintenance assessment in question was not validly made he may cancel it with effect from the date on which it took effect.”

(2) In paragraph 16 of Schedule 1 to the 1991 Act (termination of maintenance assessments), insert after sub-paragraph (4)—

“(4A) A maintenance assessment may be cancelled by a child support officer if he is conducting a review under section 16, 17, 18 or 19 and it appears to him—

(a) that the person with care with respect to whom the maintenance assessment in question was made has failed to provide him with sufficient information to enable him to complete the review; and

(b) where the maintenance assessment in question was made in response to an application under section 6, that the person with care with respect to whom the assessment was made has ceased to fall within subsection (1) of that section.”

(3) In sub-paragraph (7) of paragraph 16 of Schedule 1 to the 1991 Act, after “sub-paragraph” insert “(4A),”.

15 Reviews at instigation of child support officers

For section 19 of the 1991 Act substitute—

“19 Reviews at instigation of child support officers

(1) Where a child support officer is not conducting a review under section 16, 17 or 18, he may nevertheless review—

(a) a refusal to make a maintenance assessment,

(b) a refusal to review a maintenance assessment under section 17,

(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 subsection (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 subsection (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 section 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 section 17 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 section.

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