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The Child Support (Maintenance Assessment Procedure) Regulations 1992

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Statutory Instruments

1992 No. 1813

FAMILY LAW

CHILD SUPPORT

The Child Support (Maintenance Assessment Procedure) Regulations 1992

Made

20th July 1992

Coming into force

5th April 1993

M1 Whereas a draft of this instrument was laid before Parliament in accordance with section 52(2) of the Child Support Act 1991 and approved by a resolution of each House of Parliament:

Now, therefore, the Secretary of State for Social Security, in exercise of the powers conferred by sections 3(3), 5(3), 6(1), 12, 16, 17, 18, 42(3), 46(11), 51, 52(4), 54 and 55 of, and paragraphs 11, 14 and 16 of Schedule 1 to, the Child Support Act 1991 and of all other powers enabling him in that behalf hereby makes the following Regulations:F1

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

PART I GENERAL

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Child Support (Maintenance Assessment Procedure) Regulations 1992 and shall come into force on 5th April 1993.

(2) In these Regulations, unless the context otherwise requires—

“the Act” means the Child Support Act 1991;

“applicable amount”[F2, except in regulation 40ZA,] is to be construed in accordance with Part IV of the Income Support Regulations;

“applicable amounts Schedule” means Schedule 2 to the Income Support Regulations M2;

“award period” means a period in respect of which an award of family credit or disability working allowance is made;

“balance of the reduction period” means, in relation to a direction that is or has been in force, the portion of the period specified in a direction in respect of which no reduction of relevant benefit has been made;

“benefit week”, in relation to income support, has the same meaning as in the Income Support Regulations, [F3in relation to jobseeker’s allowance has the same meaning as in the Jobseeker’s Allowance Regulations,] [F4in relation to employment and support allowance has the same meaning as in the Employment and Support Allowance Regulations 2008,] and, in relation to family credit and disability working allowance, is to be construed in accordance with the Social Security (Claims and Payments) Regulations 1987 M3;

[F5[F6“designated authority” means—

(a)the Secretary of State;

(b)a person providing services to the Secretary of State;

(c)a local authority;

(d)a person providing services to, or authorised to exercise any functions of, any such authority;]]

F7...

[F8“disability working allowance” means an award of disability working allowance under section 129 of the Social Security Contributions and Benefits Act 1992 M4 which was awarded with effect from a date falling before 5th October 1999;]

“day to day care” has the same meaning as in the Maintenance Assessments and Special Cases Regulations;

“effective application” means any application that complies with the provisions of regulation 2;

“effective date” means the date on which a maintenance assessment takes effect for the purposes of the Act;

[F9“family” has the same meaning as in the Maintenance Assessments and Special Cases Regulations;]

[F10“family credit” means an award of family credit under section 128 of the Social Security Contributions and Benefits Act 1992 which was awarded with effect from a date falling before 5th October 1999;]

[F11“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007;]

“Income Support Regulations” means the Income Support (General) Regulations 1987 M5;

“Information, Evidence and Disclosure Regulations” means the Child Support (Information, Evidence and Disclosure) Regulations 1992 M6;

[F12“the Jobseeker’s Allowance Regulations" means the Jobseeker’s Allowance Regulations 1996;]

[F13“Maintenance Arrangements and Jurisdiction Regulations” means the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992;]

“Maintenance Assessments and Special Cases Regulations” means the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 M7;

“maintenance period” has the meaning prescribed in regulation 33;

“obligation imposed by section 6 of the Act” is to be construed in accordance with section 46(1) of the Act;

[F14“official error" means an error made by–

(a)an officer of the Department of Social Security acting as such which no person outside that Department caused or to which no person outside that Department materially contributed;

(b)[F15a person employed by a designated authority acting on behalf of the authority, which no person outside that authority caused or to which no person outside that authority materially contributed,

but excludes any error of law which is only shown to have been an error by virtue of a subsequent decision of [F16the Upper Tribunal] or the court;]]

“parent with care” means a person who, in respect of the same child or children, is both a parent and a person with care;

“the parent concerned” means the parent with respect to whom a direction is given;

[F9“partner” has the same meaning as in the Maintenance Assessments and Special Cases Regulations;]

“protected income level” has the same meaning as in paragraph 6(6) of Schedule 1 to the Act;

“relevant benefit” means income support, [F17income-based jobseeker’s allowance,] [F18income-related employment and support allowance] [F19or an award of family credit or disability working allowance which was awarded with effect from a date falling before 5th October 1999];

“relevant person” means—

(a)a person with care;

(b)an absent parent;

(c)a parent who is treated as an absent parent under regulation 20 of the Maintenance Assessments and Special Cases Regulations;

(d)where the application for an assessment is made by a child under section 7 of the Act, that child,

in respect of whom a maintenance assessment has been applied for or is or has been in force[F20;]

[F20“universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012]

F21(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The provisions of Schedule 1 shall have effect to supplement the meaning of “child” in section 55 of the Act.

(5) The provisions of these Regulations shall have general application to cases prescribed in regulations 19 to 26 of the Maintenance Assessments and Special Cases Regulations as cases to be treated as special cases for the purposes of the Act, and the terms “absent parent” and “person with care” shall be construed accordingly.

(6) Except where express provision is made to the contrary, where, by any provision of the Act or of these Regulations—

(a)any document is given or sent to the Secretary of State, that document shall, subject to paragraph (7), be treated as having been so given or sent on the day it is received by the Secretary of State; and

(b)any document is given or sent to any [F22other] person, that document shall, if sent by post to that person’s last known or notified address, and subject to paragraph (8), be treated as having been given or sent on the second day after the day of posting, excluding any Sunday or any day which is a bank holiday in England, Wales, Scotland or Northern Ireland under the Banking and Financial Dealings Act 1971 M8.

(7) Except where the provisions of regulation [F239(1) or 18(4)] apply, the Secretary of State may treat a document given or sent to him as given or sent on such day, earlier than the day it was received by him, as he may determine, if he is satisfied that there was unavoidable delay in his receiving the document in question.

(8) Where, by any provision of the Act or of these Regulations, and in relation to a particular application, notice or notification—

(a)more than one document is required to be given or sent to a person, and more than one such document is sent by post to that person but not all the documents are posted on the same day; or

(b)documents are required to be given or sent to more than one person, and not all such documents are posted on the same day,

all those documents shall be treated as having been posted on the later or, as the case may be, the latest day of posting.

(9) In these Regulations, unless the context otherwise requires, a reference—

(a)to a numbered Part is to the Part of these Regulations bearing that number;

(b)to a numbered Schedule is to the Schedule to these Regulations bearing that number;

(c)to a numbered regulation is to the regulation in these Regulations bearing that number;

(d)in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number;

(e)in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

Textual Amendments

F13Words in reg. 1(2) inserted (16.2.1995) by The Child Support (Miscellaneous Amendments) Regulations 1995 (S.I. 1995/123), regs. 1(1), 4

Marginal Citations

M2Part I of Schedule 2 was substituted by Schedule 3 to S.I. 1991/2910 from 6.4.92.

PART II APPLICATIONS FOR A MAINTENANCE ASSESSMENT

Applications under section 4 F24... or 7 of the Act

2.—(1) Any person who applies for a maintenance assessment under section 4 or 7 of the Act shall do so on a form (a “maintenance application form”) provided by the Secretary of State.

(2) Maintenance application forms provided by the Secretary of State F25... under paragraph (1) shall be supplied without charge by such persons as the Secretary of State appoints or authorises for that purpose.

(3) A completed maintenance application form shall be given or sent to the Secretary of State.

(4) Subject to paragraph (5), an application for a maintenance assessment under the Act shall be an effective application if it is made on a maintenance application form and that form has been completed in accordance with the Secretary of State’s instructions.

(5) Where an application is not effective under the provisions of paragraph (4), the Secretary of State may—

(a)give or send the maintenance application form to the person who made the application, together, if he thinks appropriate, with a fresh maintenance application form, and request that the application be re-submitted so as to comply with the provisions of that paragraph; or

(b)request the person who made the application to provide such additional information or evidence as the Secretary of State specifies,

and if a completed application form or, as the case may be, the additional information or evidence requested is received by the Secretary of State within 14 days of the date of his request, he shall treat the application as made on the date on which the earlier or earliest application would have been treated as made had it been effective under the provisions of paragraph (4).

(6) Subject to paragraph (7), a person who has made an effective application may amend his application by notice in writing to the Secretary of State at any time before a maintenance assessment is made.

(7) No amendment under paragraph (6) shall relate to any change of circumstances arising after the effective date of a maintenance assessment resulting from an effective application.

Textual Amendments

Applications on the termination of a maintenance assessment

3.—(1) Where a maintenance assessment has been in force with respect to a person with care and a qualifying child and that person is replaced by another person with care, an application for a maintenance assessment with respect to that person with care and that qualifying child may for the purposes of regulation 30(2)(b)(ii) and subject to paragraph (3) be treated as having been received on a date earlier than that on which it was received.

(2) Where a maintenance assessment has been made in response to an application by a child under section 7 of the Act and either—

(a)[F26the Secretary of State] cancels that assessment following a request from that child; or

(b)that child ceases to be a child for the purposes of the Act,

any application for a maintenance assessment with respect to any other children who were qualifying children with respect to the earlier maintenance assessment may for the purposes of regulation 30(2)(b)(ii) and subject to paragraph (3) be treated as having been received on a date earlier than that on which it was received.

(3) No application for a maintenance assessment shall be treated as having been received under paragraph (1) or (2) on a date—

(a)more than 8 weeks earlier than the date on which the application was received; or

(b)on or before the first day of the maintenance period in which the earlier maintenance assessment ceased to have effect.

Textual Amendments

F26Words in reg. 3(2)(a) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 3

Multiple applications

4.—(1) The provisions of Schedule 2 shall apply in cases where there is more than one application for a maintenance assessment.

(2) The provisions of paragraphs 1, 2 and 3 of Schedule 2 relating to the treatment of two or more applications as a single application shall apply where no request is received for the Secretary of State to cease acting in relation to all but one of the applications.

(3) Where, under the provisions of paragraph 1, 2 or 3 of Schedule 2, two or more applications are to be treated as a single application, that application shall be treated as an application for a maintenance assessment to be made with respect to all of the qualifying children mentioned in the applications, and the effective date of that assessment shall be determined by reference to the earlier or earliest application.

Notice to other persons of an application for a maintenance assessment

5.—(1) [F27Subject to paragraph (2A), where] an effective application for a maintenance assessment has been made the Secretary of State shall as soon as is reasonably practicable give notice in writing of that application to the relevant persons other than the applicant.

(2) The Secretary of State shall[F28, subject to paragraph (2A),] give or send to any person to whom notice has been given under paragraph (1) a form (a “maintenance enquiry form”) and a written request that the form be completed and returned to him for the purpose of enabling the application for the maintenance assessment to be proceeded with.

[F29(2A) The provisions of paragraphs (1) and (2) shall not apply where the Secretary of State is satisfied that an application for a maintenance assessment can be dealt with in the absence of a completed and returned maintenance enquiry form.]

(3) Where the person to whom notice is being given under paragraph (1) is an absent parent, that notice shall specify the effective date of the maintenance assessment if one is to be made, and set out in general terms the provisions relating to interim maintenance assessments.

Textual Amendments

Response to notification of an application for a maintenance assessment

6.—(1) Any person who has received a maintenance enquiry form given or sent under regulation 5(2) shall complete that form in accordance with the Secretary of State’s instructions and return it to the Secretary of State within 14 days of its having been given or sent.

(2) Subject to paragraph (3), a person who has returned a completed maintenance enquiry form may amend the information he has provided on that form at any time before a maintenance assessment is made by notifying the Secretary of State in writing of the amendments.

(3) No amendment under paragraph (2) shall relate to any change of circumstances arising after the effective date of any maintenance assessment made in response to the application in relation to which the maintenance enquiry form was given or sent.

Death of a qualifying child

7.—(1) Where [F30the Secretary of State] is informed of the death of a qualifying child with respect to whom an application for a maintenance assessment has been made, he shall—

(a)proceed with the application as if it had not been made with respect to that child if he has not yet made an assessment;

(b)treat any assessment already made by him as not having been made if the relevant persons have not been notified of it and proceed with the application as if it had not been made with respect to that child.

(2) Where all of the qualifying children with respect to whom an application for a maintenance assessment has been made have died, and either the assessment has not been made or the relevant persons have not been notified of it, [F31the Secretary of State] shall treat the application as not having being made.

Textual Amendments

PART III INTERIM MAINTENANCE ASSESSMENTS

[F32 Categories of interim maintenance assessment

8.—(1) Where [F33the Secretary of State] serves notice under section 12(4) of the Act of his intention to make an interim maintenance assessment, he shall not make that interim assessment before the end of a period of 14 days, commencing with the date that notice was given or sent.

(2) There shall be four categories of interim maintenance assessment, Category A, Category B, Category C, and Category D interim maintenance assessments.

(3) An interim maintenance assessment made by [F34the Secretary of State] shall be—

(a)a Category A interim maintenance assessment, where any information, other than information referred to in sub-paragraph (b), that is required by him to enable him to make an assessment in accordance with the provisions of Part I of Schedule 1 to the Act has not been provided by that absent parent, and that parent has that information in his possession or can reasonably be expected to acquire it;

(b)a Category B interim maintenance assessment, where the information that is required by him as to the income of the partner or other member of the family of the absent parent or parent with care for the purposes of the calculation of the income of that partner or other member of the family under regulation 9(2), 10, 11(2) or 12(1) of the Maintenance Assessments and Special Cases Regulations—

(i)has not been provided by that partner or other member of the family, and that partner or other member of the family has that information in his possession or can reasonably be expected to acquire it; or

(ii)has been provided by that partner or other member of the family to the absent parent or parent with care, but the absent parent or parent with care has not provided it to the Secretary of State F35...;

(c)a Category C interim maintenance assessment where—

(i)the absent parent is a self-employed earner as defined in regulation 1(2) of the Maintenance Assessments and Special Cases Regulations; and

(ii)the absent parent is currently unable to provide, but has indicated that he expects within a reasonable time to be able to provide, information to enable [F36the Secretary of State] to determine the earnings of that absent parent in accordance with paragraphs 3 to 5 of Schedule 1 to the Maintenance Assessments and Special Cases Regulations; and

(iii)no maintenance order as defined in section 8(11) of the Act or written maintenance agreement as defined in section 9(1) of the Act is in force with respect to children in respect of whom the Category C interim maintenance assessment would be made; or

(d)a Category D interim maintenance assessment where it appears to [F36the Secretary of State], on the basis of information available to him as to the income of the absent parent, that the amount of any maintenance assessment made in accordance with Part I of Schedule 1 to the Act applicable to that absent parent may be higher than the amount of a Category A interim maintenance assessment in force in respect of him.

F37(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F32Regs. 8-8D substituted for reg. 8 (22.1.1996) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995 (S.I. 1995/3261), regs. 1(1), 16

F35Words in reg. 8(3)(b)(ii) omitted (1.6.1999) by virtue of The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 5(b)(ii)

F36Words in reg. 8(3)(c)(d) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 5(b)(i)

Amount of an interim maintenance assessment

8A.—(1) The amount of child support maintenance fixed by a Category A interim maintenance assessment shall be 1.5 multiplied by the amount of the maintenance requirement in respect of the qualifying child or qualifying children concerned calculated in accordance with the provisions of paragraph 1 of Schedule 1 to the Act, and paragraphs 2 to 9 of that Schedule shall not apply to Category A interim maintenance assessments.

(2) Subject to paragraph (5), the amount of child support maintenance fixed by a Category B interim maintenance assessment shall be determined in accordance with paragraphs (3) and (4).

(3) Where [F38the Secretary of State] is unable to determine the exempt income—

(a)of an absent parent under regulation 9 of the Maintenance Assessments and Special Cases Regulations because he is unable to determine whether regulation 9(2) of those Regulations applies;

(b)of a parent with care under regulation 10 of those Regulations because he is unable to determine whether regulation 9(2) of those Regulations, as modified by and applied by regulation 10 of those Regulations applies,

the amount of the Category B interim maintenance assessment shall be the maintenance assessment calculated in accordance with Part I of Schedule 1 to the Act on the assumption that—

(i)in a case falling within sub-paragraph (a), regulation 9(2) of those Regulations does apply;

(ii)in a case falling within sub-paragraph (b), regulation 9(2) of those Regulations as modified by and applied by regulation 10 of those Regulations does apply.

(4) [F39Where [F40the Secretary of State] is unable to ascertain the income of other members of the family of an absent parent so that the disposable income of that absent parent can be calculated in accordance with regulation 12(1)(a) of the Maintenance Assessments and Special Cases Regulations, the amount of the Category B interim maintenance assessment shall be the maintenance assessment calculated in accordance with Part I of Schedule 1 to the Act on the assumption that the provisions of paragraph 6 of that Schedule do not apply to the absent parent.]

(5) Where the application of the provisions of paragraph (3) or (4) would result in the amount of a Category B interim maintenance assessment being more than 30 per centum of the net income of the absent parent as calculated in accordance with regulation 7 of the Maintenance Assessments and Special Cases Regulations, those provisions shall not apply to that absent parent and instead, the amount of that Category B interim maintenance assessment shall be 30 per centum of his net income as so calculated and where that calculation results in a fraction of a penny, that fraction shall be disregarded.

(6) The amount of child support maintenance fixed by a Category C interim maintenance assessment shall be £30.00 but [F41the Secretary of State] may set a lower amount, including a nil amount, if he thinks it reasonable to do so in all the circumstances of the case.

(7) Paragraph 6 of Schedule 1 to the Act shall not apply to Category C interim maintenance assessments.

(8) [F41The Secretary of State] shall notify the person with care where he is considering setting a lower amount for a Category C interim maintenance assessment in accordance with paragraph (6) and shall take into account any relevant representations made by that person with care in deciding the amount of that Category C interim maintenance assessment.

(9) The amount of child support maintenance fixed by a Category D interim maintenance assessment shall be calculated or estimated by applying to the absent parent’s income, in so far as [F41the Secretary of State] is able to determine it at the time of the making of that Category D interim maintenance assessment, the provisions of Part I of Schedule 1 to the Act and regulations made under it, subject to the modification that—

(a)paragraphs 6 and 8 of that Schedule shall not apply;

(b)only paragraphs (1)(a) and (5) of regulation 9 of the Maintenance Assessments and Special Cases Regulations shall apply; and

(c)heads (b) and (c) of sub-paragraph (3) of paragraph 1 of Schedule 1 to the Maintenance Assessments and Special Cases Regulations shall not apply.

(10) Where the absent parent referred to in paragraph (9) is an employed earner as defined in regulation 1 of the Maintenance Assessments and Special Cases Regulations and [F41the Secretary of State] is unable to calculate the net income of that absent parent, his net income shall be estimated under the provisions of paragraph (2A)(a) and (b) of that regulation.

Textual Amendments

F32Regs. 8-8D substituted for reg. 8 (22.1.1996) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995 (S.I. 1995/3261), regs. 1(1), 16

F38Words in reg. 8A(3) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 6

F40Words in reg. 8A(4) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 6

Review of an interim maintenance assessment

F428B.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F32Regs. 8-8D substituted for reg. 8 (22.1.1996) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995 (S.I. 1995/3261), regs. 1(1), 16

Effective date of an interim maintenance assessment

8C.—(1) Except where regulation 3(5) of the Maintenance Arrangements and Jurisdiction Regulations (effective date of maintenance assessment where court order in force), regulation F43... 33(7) or paragraph (2) applies, the effective date of an interim maintenance assessment shall be—

(a)in respect of a Category A interim maintenance assessment, subject to F44... sub-paragraph (d), such date, being not earlier than the first and not later than the seventh day following the date upon which that interim maintenance assessment was made, as falls on the same day of the week as the date determined in accordance with regulation 30(2)(a)(ii) or (b)(ii) as the case may be;

(b)in respect of a Category B interim maintenance assessment made after 22nd January 1996, subject to sub-paragraph (d) F45..., the date specified in regulation 30(2)(a)(ii) or (b)(ii) as the case may be;

(c)in respect of a Category C interim maintenance assessment, subject to sub-paragraph (d) F46..., the date set out in sub-paragraph (a);

(d)in respect of a Category A, Category B or Category C interim maintenance assessment, where the application of the provisions of sub-paragraph (a), (b) or (c) would otherwise set an effective date for an interim maintenance assessment earlier than the end of a period of eight weeks from the date upon which—

(i)the maintenance enquiry form referred to in regulation 30(2)(a)(i) was given or sent to an absent parent; or

(ii)the application made by an absent parent referred to in regulation 30(2)(b)(i) was received by the Secretary of State,

in circumstances where that absent parent has complied with the provisions of regulation 30(2)(a)(i) or (b)(i) or paragraph (2A) of that regulation applies, the date determined in accordance with regulation 30(2)(a)(i) or (b)(i).

(2) [F47The effective date of an interim maintenance assessment made under section 12(1)(b) of the Act shall, subject to regulation 33(7)], be such date, not earlier than the first and not later than the seventh day following the date upon which that interim maintenance assessment was made, as falls on the same day of the week as the effective date of the maintenance assessment calculated in accordance with Part I of Schedule 1 to the Act which [F47the Secretary of State is proposing to supersede with a decision under section 17 of the Act].

(3) In cases where the effective date of an interim maintenance assessment is determined under paragraph (1)F48... where a maintenance assessment, except a maintenance assessment falling within regulation 8D(7), is made after an interim maintenance assessment has been in force, child support maintenance calculated in accordance with Part I of Schedule 1 to the Act shall be payable in respect of the period preceding that during which the interim maintenance assessment was in force.

(4) The child support maintenance payable under the provisions of paragraph (3) shall be payable in respect of the period between the effective date of the assessment (or, where separate assessments are made for different periods under paragraph 15 of Schedule 1 to the Act, the effective date of the assessment in respect of the earliest such period) and the effective date of the interim maintenance assessment.

Textual Amendments

F32Regs. 8-8D substituted for reg. 8 (22.1.1996) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995 (S.I. 1995/3261), regs. 1(1), 16

F47Words in reg. 8C(2) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 8

Miscellaneous provisions in relation to interim maintenance assessments

8D.—(1) Subject to paragraph (2), where a maintenance assessment calculated in accordance with Part I of Schedule 1 to the Act is made following an interim maintenance assessment, the amount of child support maintenance assessment, the amount of child support maintenance payable in respect of the period after 18th April 1995, during which that interim maintenance assessment was in force shall be that fixed by the maintenance assessment.

[F49(1A) The reference in paragraph (1) to a maintenance assessment calculated in accordance with Part I of Schedule 1 to the Act shall include a maintenance assessment falling within regulation 30A(2).]

(2) Paragraph (1) shall not apply where a maintenance assessment calculated in accordance with Part I of Schedule 1 to the Act falls within paragraph (7).

F50(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The provisions of regulations [F5132 and 33(5)] shall not apply to a Category A or Category D interim maintenance assessment.

(5) Subject to paragraph (6) F52..., an interim maintenance assessment shall cease to have effect on the first day of the maintenance period during which the Secretary of State receives the information which enables [F53him] to make the maintenance assessment or assessments in relation to the same absent parent, person with care, and qualifying child or qualifying children, calculated in accordance with Part I of Schedule 1 to the Act.

(6) F52... where [F53the Secretary of State] has insufficient information or evidence to enable him to make a maintenance assessment calculated in accordance with Part I of Schedule 1 to the Act for the whole of the period beginning with the effective date applicable to a particular case, an interim maintenance assessment made in that case shall cease to have effect—

(a)on 18th April 1995 where by that date the Secretary of State has received the information or evidence set out in paragraph (7); or

(b)on the first day of the maintenance period after 18th April 1995 in which the Secretary of State has received that information or evidence.

(7) The information or evidence referred to in paragraph (6) is information or evidence enabling [F54the Secretary of State] to make a maintenance assessment calculated in accordance with Part I of Schedule 1 to the Act, for a period beginning after the effective date applicable to that case, in respect of the absent parent, parent with care and qualifying child or qualifying children in respect of whom the interim maintenance assessment referred to in paragraph (6) was made.

(8) [F55Where the information or evidence referred to in paragraph (6)(a) or (b) is that there has been an award of income support[F56, an income-related employment and support allowance] [F57, state pension credit] or an income-based jobseeker’s allowance, the Secretary of State shall be treated as having received that information or evidence on the first day in respect of which income support [F56, an income-related employment and support allowance][F57, state pension credit] or an income-based jobseeker’s allowance was payable under that award.]]

Textual Amendments

F32Regs. 8-8D substituted for reg. 8 (22.1.1996) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995 (S.I. 1995/3261), regs. 1(1), 16

[F58 Interim maintenance assessments which follow other interim maintenance assessments

9.—(1) Where an interim maintenance assessment is being revised on the ground specified in regulation 17(1)(b) and the Secretary of State is satisfied–

(a)that another Category A, Category B or Category D maintenance assessment should be made, and

(b)that there has been unavoidable delay for part of the period during which the assessment which is being revised was in force,

the effective date of that other–

(i)Category A or Category D interim maintenance assessment shall be the first day of the maintenance period following the date upon which, in the opinion of the Secretary of State, the delay became avoidable;

(ii)Category B interim maintenance assessment shall be the date set out in regulation 8C(1)(b).

(2) Where an interim maintenance assessment is revised on either of the grounds set out in regulation 17(4) or (5), payments made under that interim maintenance assessment before the revision shall be treated as payments made under the Category B interim maintenance assessment which replaces it.

(3) Subject to paragraphs (5) and (6), where the Secretary of State makes a Category B interim maintenance assessment following the revision of an interim maintenance assessment in accordance with regulation 17(4), the effective date of that Category B interim maintenance assessment shall be the date determined in accordance with regulation 8C(1)(b).

(4) Where the Secretary of State makes a fresh interim maintenance assessment following the supersession of an interim maintenance assessment in accordance with regulation 20(7), the effective date of that fresh interim maintenance assessment shall be the date from which that supersession took effect.

(5) Where the Secretary of State cancels upon a revision an interim maintenance assessment in accordance with regulation 17(4) which caused a court order to cease to have effect in accordance with regulation 3(6) of the Maintenance Arrangements and Jurisdiction Regulations, the effective date of the Category B interim maintenance assessment referred to in regulation 17(4) shall be the date on which that revision took effect.

(6) Where the revision of an interim maintenance assessment in accordance with regulation 17(5) caused a court order to cease to have effect in accordance with regulation 3(6) of the Maintenance Arrangements and Jurisdiction Regulations, the effective date of the Category B interim maintenance assessment referred to in regulation 17(4) shall be the date on which that revision took effect.]

Textual Amendments

PART IV NOTIFICATIONS FOLLOWING CERTAIN DECISIONS BY CHILD SUPPORT OFFICERS

Notification of a new or a fresh maintenance assessment

10.—[F59(1) A person with a right of appeal to [F60the First-tier Tribunal] under–

(a)section 20 of the Act; and

(b)section 20 of the Act as extended by paragraph 3(1)(b) of Schedule 4C to the Act,

shall be given notice of that right and of the decision to which that right relates.]

F61(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61(1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) [F62Subject to [F63paragraphs (2A) and (2B)], a notification under paragraph (1)] [F64of a new or fresh maintenance assessment made under section 11, 16 or 17] shall set out, in relation to the maintenance assessment in question—

(a)the maintenance requirement;

(b)the effective date of the assessment;

[F65(c)the net and assessable income of the absent parent and, where relevant, the amount determined under regulation 9(1)(b) of the Maintenance Assessments and Special Cases Regulations (housing costs);]

[F66(cc)where relevant, the absent parent’s protected income level and the amount of the maintenance assessment before the adjustment in respect of protected income specified in paragraph 6(2) of Schedule 1 to the Act was carried out;]

[F67(d)the net and assessable income of the parent with care, and, where relevant, an amount in relation to housing costs determined in the manner specified in regulation 10 of the Maintenance Assessments and Special Cases Regulations (calculation of exempt income of parent with care);]

(e)details as to the minimum amount of child support maintenance payable by virtue of regulations made under paragraph 7 of Schedule 1 to the Act; and

(f)details as to apportionment where a case is to be treated as a special case for the purposes of the Act under section 42 of the Act.

[F68(h) any amount determined in accordance with Schedule 3A or 3B to the Maintenance Assessments and Special Cases Regulations (qualifying transfer of property and travel costs).]

[F69(i)where the notification under paragraph (1)(a) F70... follows the giving, or cancellation of a departure direction, the amounts calculated in accordance with Part I of Schedule 1 to the Act, or in accordance with regulation 8A, which have been changed as a result of the giving or cancellation of that departure direction.]

[F71(2A) Where a new Category A [F72Category C or D] interim maintenance assessment is made, or a fresh Category A [F72Category C or D] interim maintenance assessment is made following [F73a revision of a maintenance assessment under section 16 of the Act or a supersession of a maintenance assessment under section 17 of the Act] of the Act, a notification under paragraph (1) shall set out, in relation to that interim maintenance assessment, the maintenance requirement and the effective date.]

[F74(2AA) where a fresh Category D interim maintenance assessment is made following the giving or cancellation of a departure direction, a notification under paragraph (1) shall set out in relation to that interim maintenance assessment the amounts calculated in accordance with regulation 8A which have changed as a result of the giving or cancellation of that departure direction.]

[F75(2B) A notification under paragraph (1) in relation to a Category B interim maintenance assessment shall set out in relation to it—

[F76(a)the matters listed in sub-paragraphs (a), (b) and (d) to (f) of paragraph (2);

(b)where known, the absent parent’s assessable income; and

(c)where the Category B interim maintenance assessment is made following the giving or cancellation of a departure direction, the amounts calculated in accordance with regulation 8A which have changed as a result of the giving or cancellation of that departure direction.]]

(3) Except where a person gives written permission to the Secretary of State that the information, in relation to him, mentioned in sub-paragraphs (a) and (b) below may be conveyed to other persons, any document given or sent under the provisions of paragraph (1) or (2) shall not contain—

(a)the address of any person other than the recipient of the document in question (other than the address of the office [F77of the officer concerned who is exercising functions of the Secretary of State under the Act]) or any other information the use of which could reasonably be expected to lead to any such person being located;

(b)any other information the use of which could reasonably be expected to lead to any person, other than a qualifying child or a relevant person, being identified.

[F78(4) Where a decision as to a maintenance assessment is made under section 11, 12, 16 or 17 of the Act, a notification under paragraph (1) shall include information as to the provisions of sections 16 and 17 of the Act.]

F78(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F79(5) Paragraphs (2) to (4) of this regulation apply in the case of a decision in respect of which there is no right of appeal as the result of regulation 17A (consideration of revision before appeal) as they apply in the case of a decision which may be appealed under section 20 of the Act (as it has effect apart from section 10 of the Child Support, Pensions and Social Security Act 2000).]

F78(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F61Reg. 10(1A)-(1C) omitted (1.6.1999) by virtue of The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 11(b)

F62Words in reg. 10(2) substituted (16.2.1995) by The Child Support (Miscellaneous Amendments) Regulations 1995 (S.I. 1995/123), regs. 1(1), 6(2)

F63Words in reg. 10(2) substituted (18.4.1995) by The Child Support and Income Support (Amendment) Regulations 1995 (S.I. 1995/1045), regs. 1(2), 30(3)

F76Reg. 10(2B)(a)-(c) substituted for Reg. 10(2B)(a)(b) (2.12.1996) by The Child Support Departure Direction and Consequential Amendments Regulations 1996 (S.I. 1996/2907), regs. 1(1), 67(5)

F77Words in reg. 10(3)(a) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 11(e)

F78Reg. 10(4) substituted for regs. 10(4)-(6) (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 11(f)

[F80Notification of increase or reduction in the amount of a maintenance assessment

10A.—(1) Where, in a case falling within paragraph (2B) of regulation 22 of the Maintenance Assessments and Special Cases Regulations (multiple applications relating to an absent parent), [F81the Secretary of State] has increased or reduced one or more of the other maintenance assessments referred to in that paragraph following the making of the fresh assessment referred to in sub-paragraph (c) of that paragraph, he shall, so far as that is reasonably practicable, immediately notify the relevant persons in respect of whom each maintenance assessment so increased or reduced was made of—

(a)the making of that fresh assessment;

(b)the amount of the increase or reduction in that maintenance assessment; and

(c)the date on which that increase or reduction shall take effect,

and the notification shall include information as to the provisions of [F81sections 16 and 17] of the Act.

(2) Except where a person gives written permission to the Secretary of State that the information in relation to him mentioned in sub-paragraphs (a) and (b) below may be conveyed to other persons, any document given or sent under the provisions of paragraph (1) shall not contain—

(a)the address of any person other than the recipient of the document in question (other than the address of the office [F82of the officer concerned who is exercising functions of the Secretary of State under the Act]) or any other information the use of which could reasonably be expected to lead to any such person being located;

(b)any other information the use of which could reasonably be expected to lead to any person, other than a qualifying child or a relevant person, being identified.]

Textual Amendments

Notification of a refusal to conduct a review

F8311.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Notification of a refusal to make a new or a fresh maintenance assessment

F8412.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Notification of a refusal to cancel a maintenance assessment

F8413.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Notification of a cancellation of a maintenance assessment

F8414.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Notification of a refusal to reinstate a cancelled maintenance assessment

F8415.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F85Notification of reinstatement of a maintenance assessment

F8415A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Notification when an applicant under section 7 of the Act ceases to be a child

16.  Where a maintenance assessment has been made in response to an application by a child under section 7 of the Act and that child ceases to be a child for the purposes of the Act, a child support officer shall immediately notify, so far as that is reasonably practicable—

(a)the other qualifying children [F86who have attained the age of 12 years] and the absent parent with respect to whom that maintenance assessment was made; and

(b)the person with care.

Textual Amendments

F86Words in reg. 16(a) substituted (5.4.1993) by The Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 6

[F87Notification that an appeal has lapsed

[F8816A.  Where an appeal lapses in accordance with section 16(6) of the Act, the Secretary of State shall, so far as is reasonably practicable, notify the relevant persons that that appeal has lapsed.]]

Textual Amendments

[F89PART VRevisions and Supersessions

Textual Amendments

Revision of decisions

17.—(1) Subject to paragraphs (6) and (8), any decision may be revised by the Secretary of State–

(a)if the Secretary of State receives an application for the revision of a decision under section 16 of the Act F90... [F91either—

(i)within one month of the date of notification of the decision;

(ii)within one month of the date on which notice of the correction is given under regulation 53A(3) (correction of accidental errors); or

(iii)within such longer time as may be allowed by regulation 18;]

(b)if–

(i)the Secretary of State notifies a person, who applied for a decision to be revised within the period specified in sub-paragraph (a), that the application is unsuccessful because the Secretary of State is not in possession of all of the information or evidence needed to make a decision; and

(ii)that person reapplies for a decision to be revised within one month of the notification described in head (i) above, or such longer period as the Secretary of State is satisfied is reasonable in the circumstances of the case, and provides in that application sufficient evidence or information to enable a decision to be made;

(c)if the decision arose from an official error;

(d)if the Secretary of State is satisfied that the original decision was erroneous due to a misrepresentation of, or failure to disclose, a material fact and that the decision was more advantageous to the person who misrepresented or failed to disclose that fact than it would otherwise have been but for that error; F92...

(e)if the Secretary of State commences action leading to the revision of a decision within one month of the date of notification of the decision; [F93or]

[F93(f)if an appeal is made under section 20 of the Act against a decision within the time prescribed [F94by the Tribunal Procedure Rules], but the appeal has not been determined.]

(2) A decision may be revised by the Secretary of State in consequence of a departure direction where that departure direction takes effect on the effective date.

(3) Subject to regulation 20(6) a decision of the Secretary of State under section 12 of the Act may be revised where–

(a)the Secretary of State receives information which enables him to make a maintenance assessment calculated in accordance with Part I of Schedule 1 to the Act for the whole of the period beginning with the effective date applicable to a particular case; or

(b)the Secretary of State is satisfied that there was unavoidable delay by the absent parent in–

(i)completing and returning a maintenance enquiry form under the provisions of regulation 6(1);

(ii)providing information or evidence that is required by him for the determination of an application for a maintenance assessment; or

(iii)providing information or evidence that is required by him to enable him to revise a decision under section 16 of the Act or supersede a decision under section 17 of the Act.

(4) Where an interim maintenance assessment is in force which is not a Category B interim maintenance assessment and the Secretary of State is satisfied that it would be appropriate to make a Category B interim maintenance assessment, he may revise the interim maintenance assessment which is in force.

(5) Where the Secretary of State revises an interim maintenance assessment in accordance with paragraph (4) and that interim maintenance assessment was made immediately following a previous interim maintenance assessment, he may also revise that previous interim maintenance assessment.

(6) [F95Paragraph (1) shall not apply in respect of a material change of circumstances which—

(a)occurred since the date on which the decision was made; or

(b)is expected, according to information or evidence which the Commission has, to occur.]

(7) In paragraphs (1), (2) and (6) and regulation 18(3) “decision" means a decision of the Secretary of State under section 11 or 12 of the Act and any supersession of such a decision.

(8) Paragraph (1) shall apply in relation to–

(a)any decision of the Secretary of State with respect to F96... a person’s liability under section 43 of the Act; and

(b)the supersession of any such decision under section 17 as extended by paragraph 2 of Schedule 4C to the Act,

as it applies in relation to any decision of the Secretary of State under sections 11, 12 or 17 of the Act.

Textual Amendments

[F97Consideration of revision before appeal

17A.—(1) This regulation applies in a case where—

(a)the Secretary of State gives a person written notice of a decision; and

(b)that notice includes a statement to the effect that there is a right of appeal to the First-tier Tribunal against the decision only if the Secretary of State has considered an application for a revision of the decision.

(2) In a case to which this regulation applies, a person has a right of appeal under section 20 of the Act against the decision only if the Secretary of State has considered on an application whether to revise the decision under section 16 of the Act.

(3) The notice referred to in paragraph (1) must inform the person of the time limit specified in regulation 17(1) for making an application for a revision.

(4) Where, as the result of paragraph (2), there is no right of appeal against a decision, the Secretary of State may treat any purported appeal as an application for a revision under section 16 of the Act.

(5) In this regulation, “decision” means a decision mentioned in section 20 of the Act (as it has effect apart from section 10 of the Child Support, Pensions and Social Security Act 2000).]

Textual Amendments

Late applications for a revision

18.—(1) The period of one month specified in regulation 17(1)(a) may be extended where the requirements specified in the following provisions of this regulation are met.

(2) An application for an extension of time shall be made by a relevant person or a person acting on his behalf.

(3) An application for an extension of time under this regulation shall–

(a)be made within 13 months of the date on which notification of the decision which it is sought to have revised was given or sent; and

(b)contain particulars of the grounds on which the extension of time is sought and shall contain sufficient details of the decision which it is sought to have revised to enable that decision to be identified.

(4) The application for an extension of time shall not be granted unless the person making the application or any person acting for him satisfies the Secretary of State that–

(a)it is reasonable to grant that application;

(b)the application for a decision to be revised has merit [F98except in a case to which regulation 17A applies]; and

(c)special circumstances are relevant to the application for an extension of time,

and as a result of those special circumstances, it was not practicable for the application for a decision to be revised to be made within one month of the date of notification of the decision which it is sought to have revised.

(5) In determining whether it is reasonable to grant an application for an extension of time, the Secretary of State shall have regard to the principle that the greater the time that has elapsed between the expiration of the period of one month described in regulation 17(1)(a) from the date of notification of the decision which it is sought to have revised and the making of the application for an extension of time, the more compelling should be the special circumstances on which the application is based.

(6) In determining whether it is reasonable to grant the application for an extension of time, [F99except in a case to which regulation 17A applies,] no account shall be taken of the following–

(a)that the person making the application for an extension of time or any person acting for him was unaware of or misunderstood the law applicable to his case (including ignorance or misunderstanding of the time limits imposed by these Regulations); or

(b)that [F100the Upper Tribunal] or a court has taken a different view of the law from that previously understood and applied.

(7) An application under this regulation for an extension of time which has been refused may not be renewed.

Textual Amendments

Date from which revised decision takes effect

19.  Where the date from which a decision took effect is found to be erroneous on a revision under section 16 of the Act, the revision shall take effect from the date on which the revised decision would have taken effect had the error not been made.

Supersession of decisions

20.—(1) Subject to paragraphs (9) and (10), for the purposes of section 17 of the Act, the cases and circumstances in which a decision (“a superseding decision") may be made under that section are set out in paragraphs (2) to (7).

(2) A decision may be superseded by a decision made by the Secretary of State acting on his own initiative–

(a)where he is satisfied that the decision is one in respect of which there has been a material change of circumstances since the decision was made;

(b)where he is satisfied that the decision was made in ignorance of, or was based upon a mistake as to, some material fact; or

(c)in consequence of a departure direction or of a revision or supersession of a decision with respect to a departure direction.

(3) Except where paragraph (8) applies, [F101but subject to regulation 23(22)] a decision may be superseded by a decision made by the Secretary of State where–

(a)an application is made on the basis that–

(i)there has been a change of circumstances [F102since the date from which the decision had effect]; or

(ii)it is expected that a change of circumstances will occur; and

(b)the Secretary of State is satisfied that the change of circumstances is or would be material.

[F103(3A) For the purposes of paragraph 2 of Schedule 4C to the Act, the circumstances in which a decision may be superseded under paragraph (2) or (3) include where the material change of circumstances causes the maintenance assessment to cease by virtue of paragraph 16(1) of Schedule 1 to the Act or where the Commission no longer has jurisdiction by virtue of section 44 of the Act (jurisdiction).]

(4) A decision may be superseded by a decision made by the Secretary of State where–

(a)an application is made on the basis that the decision was made in ignorance of, or was based upon a mistake as to, a fact; and

(b)the Secretary of State is satisfied that the fact is or would be material.

[F104(4A) A decision may be superseded by a decision made by the Secretary of State—

(a)where an application is made on the basis that; or

(b)acting on his own initiative where,

the decision to be superseded is a decision of [F105an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or of a Child Support Commissioner] that was made in accordance with section 28ZB(4)(b) of the Act, in a case where section 28ZB(5) of the Act applies.]

(5) A decision, other than a decision given on appeal, may be superseded by a decision made by the Secretary of State–

(a)acting on his own initiative where he is satisfied that the decision was erroneous in point of law; or

(b)where an application is made on the basis that the decision was erroneous in point of law.

(6) An interim maintenance assessment may be superseded by a decision made by the Secretary of State where he receives information which enables him to make a maintenance assessment calculated in accordance with Part I of Schedule 1 to the Act for a period beginning after the effective date of that interim maintenance assessment.

(7) Subject to paragraphs (4) and (5) of regulation 17, where the Secretary of State is satisfied that it would be appropriate to make an interim maintenance assessment the category of which is different from that of the interim maintenance assessment which is in force, he may make a decision which supersedes the interim maintenance assessment which is in force.

(8) This paragraph applies–

(a)where any paragraph of regulation 21 applies; and

(b)in the case of a Category A or Category D interim maintenance assessment.

(9) The cases and circumstances in which a decision may be superseded shall not include any case or circumstance in which a decision may be revised.

(10) Paragraphs (2) to (6) shall apply neither in respect of–

(a)a decision to refuse an application for a maintenance assessment; nor

(b)a decision to cancel a maintenance assessment.

(11) For the purposes of section 17 of the Act as extended by paragraph 2 of Schedule 4C to the Act, paragraphs (2) to (5) shall apply in relation to–

(a)a decision with respect to F106... a person’s liability under section 43 of the Act; and

(b)any decision of the Secretary of State under section 17 of the Act as extended by paragraph 2 of Schedule 4C to the Act, whether as originally made or as revised under section 16 of the Act as extended by paragraph 1 of Schedule 4C to the Act, as they apply in relation to any decision as to a maintenance assessment save that paragraph (8) shall not apply in respect of such a decision.

Textual Amendments

F106Words in reg. 20(11)(a) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 2(5)

Circumstances in which a decision may not be superseded

21.—(1) A decision of the Secretary of State shall not be superseded in any of the circumstances specified in the following paragraphs of this regulation.

(2) Except where paragraph (3) or (4) applies and subject to paragraph (5) and regulation 22, this paragraph applies where the difference between–

(a)the amount of child support maintenance (“the amount") fixed in accordance with the original decision; and

(b)the amount which would be fixed in accordance with a superseding decision,

is less than £10.00 per week.

(3) Subject to paragraph (5), this paragraph applies where the circumstances of the absent parent are such that the provisions of paragraph 6 of Schedule 1 to the Act would apply and either–

(a)the amount fixed in accordance with the original decision is less than the amount that would be fixed in accordance with a superseding decision and the difference between the two amounts is less than £5.00 per week; or

(b)the amount fixed in accordance with the original decision is more than the amount that would be fixed in accordance with the superseding decision and the difference between the two amounts is less than £1.00 per week.

(4) Subject to paragraph (5), this paragraph applies where–

(a)the children, in respect of whom child support maintenance would be fixed in accordance with a superseding decision, are not the same children for whom child support maintenance was fixed in accordance with the original decision; and

(b)the difference between–

(i)the amount of child support maintenance (“the amount") fixed in accordance with the original decision; and

(ii)the amount which would be fixed in accordance with a superseding decision, is less than £1.00 per week.

(5) This regulation shall not apply where–

(a)the absent parent is, by virtue of paragraph 5(4) of Schedule 1 to the Act, to be taken for the purposes of that Schedule to have no assessable income;

(b)the case falls within paragraph 7(2) of Schedule 1 to the Act; F107...

(c)it appears to the Secretary of State that the case no longer falls within paragraph 5(4) of Schedule 1 to the Act[F108; or]

[F108(d)a decision is superseded and in relation to that superseding decision a maintenance assessment is made to which paragraph 15 of Schedule 1 to the Act applies.]

(6) In this regulation–

  • “original decision" means the decision which would be superseded but for the application of this regulation; and

  • “superseding decision" means a decision which would supersede the original decision but for the application of this regulation.

Textual Amendments

Special cases and circumstances for which regulation 21 is modified

22.  Where an application is made for a supersession on the basis of a change of circumstances which is relevant to more than one maintenance assessment, regulation 21 shall apply with the following modifications–

(a)before the word “amount" in each place it occurs there shall be inserted the word “ aggregate ”; and

(b)for the word “decision" in each place it occurs there shall be substituted the word “ decisions ”.

Date from which a decision is superseded

23.—(1) Except in a case to which paragraph (2) [F109or (25)] applies, where notice is given under regulation 24 in the period which begins 28 days before an application for a supersession is made and ends 28 days after that application is made, the superseding decision of which notice was given under regulation 24 shall take effect as from the first day of the maintenance period in which that application was made.

(2) [F110Where a superseding decision is made in a case to which regulation 20(2)(a) applies and—

(a)the absent parent begins or ceases to receive a benefit mentioned in Schedule 4 to the Maintenance Assessments and Special Cases Regulations (case where child support maintenance is not to be payable); or

(b)the absent parent or person with care begins or ceases to be a person who receives a benefit referred to in paragraph 5(4) of Schedule 1 to the Act (assessable income),

the decision takes effect from the first day of the maintenance period in which the change occurred.]

(3) [F111Subject to paragraph (25),] where a superseding decision is made in a case to which either paragraph (2)(b) or (5)(a) of regulation 20 applies, the decision shall take effect as from the first day of the maintenance period in which the decision was made.

(4) [F112Subject to [F113paragraphs (19) and (25)] , where a superseding decision is made] in a case to which regulation 20(3)(a)(i), (4) or (5)(b) applies, the decision shall take effect as from the first day of the maintenance period in which the application for a supersession was made.

(5) [F114Subject to paragraph (25),] where a superseding decision is made in a case to which regulation 20(3)(a)(ii) applies, the decision shall take effect as from the first day of the maintenance period in which the change of circumstances is due to occur.

(6) Subject to paragraphs (1), (3) and (14), in a case to which regulation 24 applies, a superseding decision shall take effect as from the first day of the maintenance period in which falls the date which is 28 days after the date on which the Secretary of State gave notice to the relevant persons under that regulation.

(7) For the purposes of paragraph (6), where the relevant persons are notified on different dates, the period of 28 days shall be counted from the date of the latest notification.

(8) For the purposes of paragraphs (6) and (7)–

(a)notification includes oral and written notification;

(b)where a person is notified in more than one way, the date on which he is notified is the date on which he was first given notification; and

(c)the date of written notification is the date on which it was handed or sent to the person.

(9) Regulation 1(6) shall not apply in a case to which paragraph (8)(c) applies.

(10) [F115Subject to paragraph (25),] where–

(a)a decision made by [F116an appeal tribunal or the First-tier Tribunal under section 20 of the Act or the Upper Tribunal or a Child Support Commissioner] is superseded on the ground that it was erroneous due to a misrepresentation of, or that there was a failure to disclose, a material fact; and

(b)the Secretary of State is satisfied that the decision was more advantageous to the person who misrepresented or failed to disclose that fact than it would otherwise have been but for that error,

the superseding decision shall take effect as from the date the decision of [F117an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or the Child Support Commissioner] took, or was to take effect.

(11) Any decision given under section 17 of the Act in consequence of a determination which is a relevant determination for the purposes of section 28ZC of the Act (restrictions on liability in certain cases of error) shall take effect as from the date of the relevant determination.

(12) [F118Subject to paragraph (25),] where the Secretary of State supersedes a decision in accordance with regulation 20(6), the superseding decision shall take effect as from the first day of the maintenance period in which the Secretary of State has received the information referred to in that paragraph.

(13) [F119Subject to paragraph (25),] where the Secretary of State supersedes a decision in accordance with regulation 20(7), the superseding decision shall take effect as from the first day of the maintenance period in which the Secretary of State became satisfied that it would be appropriate to make an interim maintenance assessment the category of which is different from that of the maintenance assessment which is in force.

(14) Where a decision is superseded in consequence of a departure direction or a revision or supersession of a decision with respect to a departure direction–

(a)paragraph (6) above shall not apply; and

(b)the superseding decision shall take effect as from the date on which the departure direction or, as the case may be, the revision or supersession, took effect.

F120(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F120(16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F120(17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F120(18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F121(19) [F122Where a superseding decision is made in a case to which regulation 20(2)(a) or (3) applies and the material circumstance is–

(a)a qualifying child dies or ceases to be a qualifying child;

(b)a relevant child dies or ceases to be a relevant child; or

(c)a child who is a member of the family of the absent parent for the purposes of regulation 11(1)(g) of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992, dies or ceases to be a member of the family of the absent parent for those purposes,

the decision shall take effect as from the first day of the maintenance period in which the change occurred.]]

[F123(20) [F124Subject to paragraph (25),] where a superseding decision is made in a case to which regulation 20(4A) applies that decision shall take effect from the first day of the maintenance period following the date on which [F125the decision of the appeal tribunal, the First-tier Tribunal, the Upper Tribunal or the Child Support Commissioner] decision would have taken effect had it been decided in accordance with the determination of the [F126Upper Tribunal] [F127or the Child Support Commissioner] or the court in the appeal referred to in section 28ZB(1)(b) of the Act.]

[F128(21) Where a superseding decision is made in a case to which regulation 20(2)(a) or (3) applies, and the relevant circumstance is that a person has ceased to be a person with care in relation to a qualifying child in respect of whom the maintenance assessment was made, the decision shall take effect from the first day of the maintenance period in which that person ceased to be that person with care in relation to that qualifying child.

[F129(21A) Where a superseding decision is made in a case to which regulation 20(3A) applies and the material circumstance is—

(a)a qualifying child dies or ceases to be a qualifying child;

(b)the person with care ceases to be a person with care in relation to a qualifying child; or

(c)the person with care, the absent parent or a qualifying child ceases to be habitually resident in the United Kingdom,

the decision takes effect from the first day of the maintenance period in which the change occurred.]

[F130(21B) Where—

(a)a superseding decision is made in a case to which regulation 20(3) applies; and

(b)in relation to that decision, a maintenance assessment is made to which paragraph 15 of Schedule 1 to the Act applies,

the effective date of the assessment or assessments is the first day of the maintenance period in which the change of circumstances to which the assessment relates occurred or is expected to occur and where it occurred before the date of the application for the supersession and was notified after that date, the first day of the maintenance period in which that application was made.]

(22) Regulation 21 shall not apply where a superseding decision is made under regulation 20(3) in the circumstances set out in paragraph (19) or (21).]

[F131(23) The reference in paragraph (2) to when an absent parent begins or ceases to receive a benefit is to the day on which entitlement to the benefit commences or ends, as the case may be.

(24) In paragraph (19), “relevant child” has the same meaning as in regulation 1(2) of the Maintenance Assessments and Special Cases Regulations.]

[F132(25) Where a superseding decision is made under regulation 20(2) or (3) with respect to the circumstance that a parent with care or an absent parent—

(a)has been awarded universal credit on the basis that they have no earned income;

(b)was awarded universal credit on that basis and their award has been revised or superseded on the basis of their having, at the time the award was made or after that time, earned income; or

(c)was awarded universal credit on the basis that they had earned income and their award has been revised or superseded on the basis of their not having, at the time the award was made or after that time, earned income,

the decision takes effect from the first day of the maintenance period in which the award of universal credit, or the revision or supersession of such an award, as the case may be, took effect or is due to take effect.

(26) For the purposes of paragraph (25), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.]

Textual Amendments

Procedure where the Secretary of State proposes to supersede a decision on his own initiative

24.  Where the Secretary of State on his own initiative proposes to make a decision superseding a decision other than in consequence of a decision with respect to a departure direction or a revision or supersession of such a decision he shall notify the relevant persons who could be materially affected by the decision of that intention.]

F89Part VIREVIEWS ON A CHANGE OF CIRCUMSTANCES

  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VII F89REVIEWS OF A DECISION BY A CHILD SUPPORT OFFICER

Notice of a review of a decision by a child support officer

F8925.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure on a review of a decision by a child support officer

F8926.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Review following an application under section 18(1)(b) of the Act

F8927.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reviews conducted under section 19 of the Act as if a review under section 18(1)(b) of the Act had been applied for

F8928.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extension of provisions of section 18(2) of the Act...

F8929.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART VIII COMMENCEMENT AND TERMINATION OF MAINTENANCE ASSESS-MENTS AND MAINTENANCE PERIODS

Effective dates of new maintenance assessments

30.—(1) Subject to [F133regulations 8C (effective dates of interim maintenance assessments), 30A (effective dates in particular cases), 33(7) (maintenance periods)] [F134and to regulation 3(5)[F135, (7) and (8)] of the Maintenance Arrangements and Jurisdiction Regulations (maintenance assessments where court order in force),] the effective date of a new maintenance assessment following an application under section 4F136... or 7 of the Act shall be the date determined in accordance with paragraphs (2) to (4).

[F137(2)  Where no maintenance assessment made in accordance with Part I of Schedule 1 to the Act is in force with respect to the person with care and absent parent, the effective date of a new assessment shall be—

(a)in a case where the application for a maintenance assessment is made by a person with care or by a child under section 7 of the Act—

(i)eight weeks fro the date on which a maintenance enquiry form has been given or sent to an absent parent, where such date is on or after 18th April 1995 and where within four weeks of the date that form was given or sent, it has been returned by the absent parent to the Secretary of State and it contains his name, address and written confirmation that he is the parent of the child or children in respect of whom the application for a maintenance assessment was made;

(ii)in all other circumstances, the date a maintenance enquiry form is given or sent to an absent parent;

(b)in a case where the application for a maintenance assessment is made by an absent parent—

(i)eight weeks from the date on which an application made by an absent parent was received by the Secretary of State, where such date is on or after 18 April 1995 and where, on, or within four weeks of, the date of receipt of that maintenance application, the absent parent has provided his name, address and written confirmation that he is the parent of the child or children in respect of whom the application was made;

(ii)in all other circumstances, the date an effective maintenance application form is received by the Secretary of State.]

[F138(c)in a case where the application for a maintenance assessment is an application in relation to which the provisions of regulation 3 have been applied, the date an effective maintenance application form is received by the Secretary of State.]

[F139(2A) Where [F140the Secretary of State] is satisfied that there was unavoidable delay by the absent parent in providing the information listed in sub-paragraphs (a)(i) or (b)(i) of paragraph (2) within the time specified in those sub-paragraphs, he may apply the provisions of those sub-paragraphs for the purpose of setting the effective date of a maintenance assessment even though that information was not provided within the time specified in those sub-paragraphs.]

(3) The provisions of regulation 1(6)(b) shall not apply to paragraph (2)(a).

(4) Where [F141the Secretary of State] is satisfied that an absent parent has deliberately avoided receipt of a maintenance enquiry form, he may determine the date on which the form would have been given or sent but for such avoidance, and that date shall be the relevant date for the purposes of paragraph (2)(a).

Textual Amendments

F134Words in reg. 30(1) added (16.2.1995) by The Child Support (Miscellaneous Amendments) Regulations 1995 (S.I. 1995/123), regs. 1(1), 7

F135Words in reg. 30(1) substituted (18.4.1995) by The Child Support and Income Support (Amendment) Regulations 1995 (S.I. 1995/1045), regs. 1(1), 36(2)

F137Words in reg. 30(2) substituted (18.4.1995) by The Child Support and Income Support (Amendment) Regulations 1995 (S.I. 1995/1045), regs. 1(1), 36(3)

[F142Effective dates of new maintenance assessments in particular cases

30A.—(1) Subject to regulation 33(7), where a new maintenance assessment is made in accordance with Part I of Schedule 1 to the Act following an interim maintenance assessment which has ceased to have effect in the circumstances set out in regulation 8D(6), the effective date of that maintenance assessment shall be the date upon which that interim maintenance assessment ceased to have effect in accordance with that regulation.

[F143(2) Where [F144the Secretary of State] receives the information or evidence to enable him to make a maintenance assessment, calculated in accordance with the provisions of Part I of Schedule 1 to the Act, for the period from the date set by regulation 3(7) of the Maintenance Arrangements and Jurisdiction Regulations or regulation 30(2)(a) or (b), as the case may be, to the effective date of the maintenance assessment referred to in paragraph (1), the maintenance assessment first referred to in this paragraph shall, subject to regulation 33(7), have effect for that period.]]

[F145(3) The effective date of a new maintenance assessment made in respect of a person with care and an absent parent shall, where the circumstances set out in paragraph (4) apply, be the first day of the first maintenance period after the [F146Secretary of State] has received the information or evidence referred to in paragraph (4)(c) or 13th January 1997, whichever is the later.

(4) The circumstances referred to in paragraph (3) are where—

(a)paragraphs (1) and (2) do not apply to that person with care and that absent parent;

(b)no maintenance assessment made in accordance with the provisions of Part I of Schedule 1 to the Act is in force in relation to that person with care and that absent parent; and

(c)on or after 13th January 1997, [F147the Secretary of State] has sufficient information or evidence to enable him to make a new maintenance assessment, calculated in accordance with the provisions of Part I of Schedule 1 to the Act, in relation to that person with care and that absent parent but in respect only of a period beginning after the effective date applicable in their case by virtue of regulation 30(2).

(5) Where the information or evidence referred to in paragraph (3) is that there has been an award of income support[F148, state pension credit][F149, an income-based jobseeker's allowance or an income-related employment and support allowance], the Secretary of State shall be treated as having received the information or evidence which enables [F150him] to make the assessment referred to in that paragraph on the first day in respect of which income support[F149, an income-based jobseeker's allowance or an income-related employment and support allowance] was payable under that award.

(6) Where, in a case falling within paragraph (3), [F151the Secretary of State] receives the information or evidence to enable him to make a maintenance assessment calculated in accordance with the provisions of Part I of Schedule 1 to the Act, for the period from the effective date applicable to that case under regulation 30(2)(a) or (b), as the case may be, to the effective date of the assessment referred to in paragraph (3), the maintenance assessment first referred to in this paragraph shall have effect for that period.

(7) Paragraphs (3) to (6) shall not apply where a case falls within regulation 33(7), or regulation 3 of the Maintenance Arrangements and Jurisdiction Regulations (relationship between maintenance assessments and certain court orders).]

[F152(8) The effective date of a new maintenance assessment, where the circumstances set out in paragraph (9) apply, shall be—

(a)on, or on one of the 6 days immediately following, the effective date as it would have been but for this paragraph; and

(b)on the same day of the week as the day on which the maintenance period in respect of the previous maintenance assessment, as defined in paragraph 9(b), began.

(9) The circumstances referred to in paragraph (8) are where—

(a)a maintenance assessment (“the previous maintenance assessment”) has been in force in relation to the absent parent, whether or not in respect of the same parent with care; and

(b)the previous maintenance assessment is no longer in force when the decision as to the maintenance assessment is made.]

Textual Amendments

F146Words in reg. 30A(3) substituted (with application in accordance with reg. 1(2) of the amending S.I.) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 40

Effective dates of maintenance assessments following a review under sections 16 to 19 of the Act

F15331.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Effective dates of maintenance assessments following a review under section 18 of the Act

F15431A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Effective dates of maintenance assessments following a review under section 19 of the Act

F15431B.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Provisions as to effective dates of maintenance assessments in specific cases

F15431C.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Cancellation of a maintenance assessment

32.  Where [F155the Secretary of State] cancels a maintenance assessment under paragraph 16(2) F156... of Schedule 1 to the Act, the assessment shall cease to have effect from the date of receipt of the request for the cancellation of the assessment or from such later date as [F155he] may determine.

Textual Amendments

[F157Cancellation of maintenance assessments made under section 7 of the Act where the child is no longer habitually resident in Scotland

32A.—(1) Where a maintenance assessment made in response to an application by a child under section 7 of the Act is in force and that child ceases to be habitually resident in Scotland, [F158the Secretary of State] shall cancel that assessment.

(2) In any case where paragraph (1) applies, the assessment shall cease to have effect from the date that [F158the Secretary of State] determines is the date on which the child concerned ceased to be habitually resident in Scotland.]

Textual Amendments

F158Words in regs. 32A(1)(2) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), reg. 1(1), 20

[F159Notification of intention to cancel a maintenance assessment under paragraph 16(4A) of Schedule 1 to the Act

32B.—(1) [F160The Secretary of State] shall, if it is reasonably practicable to do so, give written notice to the relevant persons of his intention to cancel a maintenance assessment under paragraph 16(4A) of Schedule 1 to the Act.

(2) Where a notice under paragraph (1) has been given, [F161the Secretary of State] shall not cancel that maintenance assessment before the end of a period of 14 days commencing with the date that notice was given or sent.]

Textual Amendments

F159Reg. 32B inserted (22.1.1996) by The Child Support Miscellaneous Amendments (No. 2) Regulations, reg. 35, as amended by The Child Support (Miscellaneous Amendments) (No. 3) Regulations 1995 (S.I. 1995/3265), regs. 1(1), 2

Maintenance periods

33.—(1) The child support maintenance payable under a maintenance assessment shall be calculated at a weekly rate and be in respect of successive maintenance periods, each such period being a period of 7 days.

(2) Subject to paragraph (6), the first maintenance period shall commence on the effective date of the first maintenance assessment, and each succeeding maintenance period shall commence on the day immediately following the last day of the preceding maintenance period.

(3) The maintenance periods in relation to a fresh maintenance assessment [F162made upon the supersession of a decision under section 17 of the Act] shall coincide with the maintenance periods in relation to the earlier assessment, had it continued in force, and the first maintenance period in relation to a fresh assessment shall commence on the day following the last day of the last maintenance period in relation to the earlier assessment.

(4) The amount of child support maintenance payable in respect of a maintenance period which includes the effective date of a fresh maintenance assessment shall be the amount of maintenance payable under that fresh assessment.

(5) The amount of child support maintenance payable in respect of a maintenance period during the course of which a cancelled maintenance assessment ceases to have effect shall be the amount of maintenance payable under that assessment.

(6) [F163Where a case is to be treated as a special case for the purposes of the Act by virtue of regulation 22 of the Maintenance Assessments and Special Cases Regulations (multiple applications relating to an absent parent) and an application is made by a person with care in relation to an absent parent where there is already a maintenance assessment in force in relation to that absent parent and a different person with care, the maintenance periods in relation to an assessment made in response to that application shall coincide with the maintenance periods in relation to the earlier maintenance assessment, [F164except where regulation 3(7) of the Maintenance Arrangements and Jurisdiction Regulations or paragraph (8) applies,] and the first such period shall commence not later than 7 days after the date of notification to the relevant persons of the later maintenance assessment.]

[F163Where a case is to be treated as a special case for the purposes of the Act by virtue of regulation 22 of the Maintenance Assessments and Special Cases Regulations (multiple applications relating to an absent parent) and an application is made by a person with care in relation to an absent parent where—

(a)there is already a maintenance assessment in force in relation to that absent parent and a different person with care; or

(b)sub-paragraph (a) does not apply, but before a maintenance assessment is made in relation to that application, a maintenance assessment is made in relation to that absent parent and a different person with care,

the maintenance periods in relation to an assessment made in response to that application shall coincide with the maintenance periods in relation to the earlier maintenance assessment, except where regulation 3(7) of the Maintenance Arrangements and Jurisdiction Regulations or paragraph (8) applies, and the first such period shall, subject to paragraph (9), commence not later than 7 days after the date of notification to the relevant persons of the later maintenance assessment.]

[F165(7) Subject to regulation 3(7) of the Maintenance Arrangements and Jurisdiction Regulations and to paragraph (8), the effective date of a maintenance assessment made in response to an application falling within paragraph (6) shall be the date upon which the first maintenance period in relation to that application commences in accordance with that paragraph.

(8) The first maintenance period in relation to a maintenance assessment which is made in response to an application falling within paragraph (6) and which immediately follows an interim maintenance assessment shall commence on the effective date of that interim maintenance assessment or 22nd January 1996 whichever is the later, and the effective date of that maintenance assessment shall be the date upon which that first maintenance period commences.]

[F166(9) Where the case is one to which, if paragraphs (6) and (7) did not apply, regulation 30(2)(a)(i) or (b)(i) would apply, and the first maintenance period would, under the provisions of paragraph (6), commence during the 8 week period referred to in sub-paragraph (a) or (b) of that regulation, the first maintenance period shall commence not later than 7 days after the expiry of that period of 8 weeks.]

Textual Amendments

PART IX REDUCED BENEFIT DIRECTIONS

Prescription of disability working allowance for the purposes of section 6 of the Act

F16734.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Periods for compliance with obligations imposed by section 6 of the Act

F16735.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Amount of and period of reduction of relevant benefit under a reduced benefit direction

F16736.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modification of reduction under a reduced benefit direction to preserve minimum entitlement to relevant benefit

F16737.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Suspension of a reduced benefit direction when relevant benefit ceases to be payable

F16738.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Reduced benefit direction where family credit or disability working allowance is payable and income support becomes payable

F16739.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Suspension of a reduced benefit direction when a modified applicable amount is payable

F16740.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Termination of a reduced benefit direction following compliance with obligations imposed by section 6 of the Act

F16741.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Review of a reduced benefit direction

F16742.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Termination of a reduced benefit direction where a maintenance assessment is made following an application by a child under section 7 of the Act

F16743.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Termination of a reduced benefit direction where a maintenance assessment is made following an absent parent under section 4 of the Act

F16744.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Date from which a reduced benefit direction ceases to be in force following a termination under regulation 43 or 44

F16745.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Cancellation of a reduced benefit direction in cases of error

F16746.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Reduced benefit directions where there is an additional qualifying child

F16747.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Suspension and termination of a reduced benefit direction where the sole qualifying child ceases to be a child or where the parent concerned ceases to be a person with care

F16748.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Notice of termination of a reduced benefit direction

F16749.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Rounding provisions

F16750.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART X MISCELLANEOUS PROVISIONS

Persons who are not persons with care

51.—(1) For the purposes of the Act the following categories of person shall not be persons with care—

(a)a local authority;

(b)a person with whom a child who is looked after by a local authority is placed by that authority under the provisions of the Children Act 1989 M9 [F168except where that person is a parent of such a child and the local authority allow the child to live with that parent under section 23(5) of that Act;]

[F169(ba)in Scotland, a family or relative with whom a child is placed by a local authority under the provisions of section 26 of the Children (Scotland) Act 1995 or who is providing continuing care by virtue of arrangements made under section 26A of that Act.]

(c)in Scotland, a person with whom a child is boarded out by a local authority under the provisions of section 21 of the Social Work (Scotland) Act 1968 M10.

(2) In paragraph (1) above—

“local authority” means, in relation to England and Wales, the council of a county, a metropolitan district, a London Borough or the Common Council of the City of London and, in relation to Scotland, a regional council or an islands council;

“a child who is looked after by a local authority” has the same meaning as in section 22 of the Children Act 1989.

Textual Amendments

F168Words in reg. 51(1)(b) added (5.4.1993) by The Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 15

Marginal Citations

Terminations of maintenance assessments

F17052.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Authorisation of representative

53.—(1) A person may authorise a representative, whether or not legally qualified, to receive notices and other documents on his behalf and to act on his behalf in relation to the making of applications and the supply of information under any provision of the Act or these Regulations.

(2) Where a person has authorised a representative for the purposes of paragraph (1) who is not legally qualified, he shall confirm that authorisation in writing to the Secretary of State.

[F171Correction of accidental errors

53A.—(1) An accidental error in a decision of the Secretary of State made under the Act, or in any record of such a decision, may be corrected by the Secretary of State at any time.

(2) Such a correction is to be treated as part of that decision or of that record.

(3) The Secretary of State must give written notice of the correction as soon as practicable to the persons to whom notice of the decision was required to be given.

(4) In calculating the time within which an application may be made under regulation 17(1)(a) (revision of decisions) for a decision to be revised, no account is to be taken of any day falling before the day on which notice of any correction was given.]

Textual Amendments

Correction of accidental errors in decisions

F17254.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Setting aside of decisions on certain grounds

F17255.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Provisions common to regulations 54 and 55

F17256.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F173Action by the Secretary of State on receipt of an application under section 17 or 18 of the Act where a question as to the entitlement to benefit arises

F17257.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Signed by authority of the Secretary of State for Social Security.

Alistair Burt

Parliamentary Under-Secretary of State,Department of Social Security

Regulation 1(4)

SCHEDULE 1 MEANING OF “CHILD” FOR THE PURPOSES OF THE ACT

[F174Conditions prescribed for the purposes of section 55(1)]

[F1751.—[F176(1)  A person satisfies such conditions as may be prescribed for the purposes of section 55(1)(of the Act if that person satisfies any of the conditions in sub-paragraphs (2) and (3).

(2) The person is receiving full-time education (which is not advanced education)—

(a)by attendance at a recognised educational establishment; or

(b)elsewhere, if the education is recognised by the Secretary of State.

(3) The person is a person in respect of whom child benefit is payable.]

Textual Amendments

Period for which a person is to be treated as continuing to fall within section 55(1) of the Act]

F1771A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Meaning of “advanced education” for the purposes of section 55 of the Act

[F1782.  For the purposes of [F179this Schedule] “advanced education” means education for the purposes of—

(a)a course in preparation for a degree, a diploma of higher education[F180, a higher national certificate], a higher national diploma or a teaching qualification; or

(b)any other course which is of a standard above ordinary national diploma, a national diploma or national certificate of Edexcel, a general certificate of education (advanced level) or Scottish national qualifications at higher or advanced higher level.]

Textual Amendments

Circumstances in which education is to be treated as full-time education

3.  For the purposes of [F181this Schedule] education shall be treated as being full-time if it is received by a person attending a course of education at a recognised educational establishment and the time spent receiving instruction or tuition, undertaking supervised study, examination or practical work or taking part in any exercise, experiment or project for which provision is made in the curriculum of the course, exceeds 12 hours per week, so however that in calculating the time spent in pursuit of the course, no account shall be taken of time occupied by meal breaks or spent on unsupervised study, whether undertaken on or off the premises of the educational establishment.

Textual Amendments

Interruption of full-time education

4.—(1) Subject to sub-paragraph (2), in determining whether a person falls within [F182paragraph 1(2)] no account shall be taken of a period (whether beginning before or after the person concerned attains age 16) of up to 6 months of any interruption to the extent to which it is accepted that the interruption is attributable to a cause which is reasonable in the particular circumstances of the case; and where the interruption or its continuance is attributable to the illness or disability of mind or body of the person concerned, the period of 6 months may be extended for such further period as [F183the Secretary of State] considers reasonable in the particular circumstances of the case.

[F184(2) The provisions of sub-paragraph (1) do not apply to any period of interruption of a person’s full-time education which is followed immediately by a period during which child benefit ceases to be payable in respect of that person.]

Textual Amendments

F182Words in Sch. 1 para. 4(1) substituted (10.12.2012 coming into force in accordance with reg. 1(3)) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(3), 2(6)

F183Words in Sch. 1 para. 4 substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 32

Circumstances in which a person who has ceased to receive full-time education is to be treated as continuing to fall within section 55(1) of the Act

F1855.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Interpretation

[F1866.  In this Schedule, “recognised educational establishment” means an establishment recognised by the Secretary of State for the purposes of this Schedule as being, or as comparable to, a university, college or school.]

Textual Amendments

[F187Education otherwise than at a recognised educational establishment

7.  For the purposes of paragraph 1(2), the Secretary of State may recognise education provided for a person otherwise than at a recognised educational establishment only if satisfied that education was being so provided for that person immediately before that person attained the age of 16.]

Textual Amendments

[F188Person in respect of whom child benefit is payable

8.  For the purposes of paragraphs 1(3) and 4(2), a person in respect of whom child benefit is payable includes a person in respect of whom an election has been made under section 13A(1) of the Social Security Administration Act 1992 (election not to receive child benefit) for payments of child benefit not to be made.]

Textual Amendments

Regulation 4

SCHEDULE 2 MULTIPLE APPLICATIONS

No maintenance assessment in force: more than one application for a maintenance assessment by the same person under section 4 F189... of the Act

1.—(1) Where a person makes an effective application for a maintenance assessment under section 4 F190... of the Act and, before that assessment is made, makes a subsequent effective application under that section with respect to the same absent parent or person with care, as the case may be, those applications shall be treated as a single application.

F191(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

No maintenance assessment in force: more than one application by a child under section 7 of the Act

2.  Where a child makes an effective application for a maintenance assessment under section 7 of the Act and, before that assessment is made, makes a subsequent effective application under that section with respect to the same person with care and absent parent, both applications shall be treated as a single application for a maintenance assessment.

No maintenance assessment in force: applications by different persons for a maintenance assessment

3.—(1) Where the Secretary of State receives more than one effective application for a maintenance assessment with respect to the same person with care and absent parent, he shall[F192, if no maintenance assessment has been made in relation to any of the applications,] determine which application he shall proceed with in accordance with sub-paragraphs (2) to (11).

(2) Where there is an application by a person with care under section 4 F193... of the Act and an application by an absent parent under section 4 of the Act, [F194the Secretary of State] shall proceed with the application of the person with care.

(3) Where there is an application for a maintenance assessment by a qualifying child under section 7 of the Act and a subsequent application is made with respect to that child by a person who is, with respect to that child, a person with care or an absent parent, [F195the Secretary of State] shall proceed with the application of that person with care or absent parent, as the case may be.

(4) Where, in a case falling within sub-paragraph (3), there is more than one subsequent application, [F196the Secretary of State] shall apply the provisions of sub-paragraph (2), (8), (9) or (11), as is appropriate in the circumstances of the case, to determine which application he shall proceed with.

(5) Where there is an application for a maintenance assessment by more than one qualifying child under section 7 of the Act in relation to the same person with care and absent parent, [F197the Secretary of State] shall proceed with the application of the elder or, as the case may be, eldest of the qualifying children.

(6) Where a case is to be treated as a special case for the purposes of the Act under regulation 19 of the Maintenance Assessments and Special Cases Regulations (both parents are absent) and an effective application is received from each absent parent, [F198the Secretary of State] shall proceed with both applications, treating them as a single application for a maintenance assessment.

(7) Where, under the provisions of regulation 20 of the Maintenance Assessments and Special Cases Regulations (persons treated as absent parents), two persons are to be treated as absent parents and an effective application is received from each such person, [F199the Secretary of State] shall proceed with both applications, treating them as a single application for a maintenance assessment.

F200(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) Where—

(a)more than one person with care makes an application for a maintenance assessment under section 4 of the Act in respect of the same qualifying child or qualifying children (whether or not any of those applications is also in respect of other qualifying children);

(b)each such person has parental responsibility for (or, in Scotland, parental rights over) that child or children; and

(c)under the provisions of regulation 20 of the Maintenance Assessments and Special Cases Regulations one of those persons is to be treated as an absent parent,

[F201the Secretary of State] shall proceed with the application of the person who does not fall to be treated as an absent parent under the provisions of regulation 20 of those Regulations.

(10) Where, in a case falling within sub-paragraph (9), there is more than one person who does not fall to be treated as an absent parent under the provisions of regulation 20 of those Regulations, [F202the Secretary of State] shall apply the provisions of paragraph (11) to determine which application he shall proceed with.

(11) Where—

(a)more than one person with care makes an application for a maintenance assessment under section 4 of the Act in respect of the same qualifying child or qualifying children (whether or not any of those applications is also in respect of other qualifying children); and

(b)either—

(i)none of those persons has parental responsibility for (or, in Scotland, parental rights over) that child or children; or

(ii)the case falls within sub-paragraph (9)(b)

but the [F203the Secretary of State] has not been able to determine which application he is to proceed with under the provisions of sub-paragraph (9),

[F203the Secretary of State] shall proceed with the application of the principal provider of day to day care, as determined in accordance with sub-paragraph (12).

(12) Where—

(a)the applications are in respect of one qualifying child, the application of that person with care with whom the child spends the greater or, as the case may be, the greatest proportion of his time;

(b)the applications are in respect of more than one qualifying child, the application of that person with care with whom the children spend the greater or, as the case may be, the greatest proportion of their time, taking account of the time each qualifying child spends with each of the persons with care in question;

(c)[F204the Secretary of State] cannot determine which application he is to proceed with under paragraph (a) or (b), and child benefit is paid in respect of the qualifying child or qualifying children to one but not any other of the applicants, the application of the applicant to whom child benefit is paid;

(d)[F204the Secretary of State] cannot determine which application he is to proceed with under paragraph (a), (b) or (c), the application of that applicant who in the opinion of [F204the Secretary of State] is the principal provider of day to day care for the child or children in question.

(13) Subject to sub-paragraph (14), where, in any case falling within sub-paragraphs (2) to (11), the applications are not in respect of identical qualifying children, the application that [F205the Secretary of State] is to proceed with as determined by those paragraphs shall be treated as an application with respect to all of the qualifying children with respect to whom the applications were made.

(14) Where [F206the Secretary of State] is satisfied that the same person with care does not provide the principal day to day care for all of the qualifying children with respect to whom an assessment would but for the provisions of this paragraph be made under sub-paragraph (13), he shall make separate assessments in relation to each person with care providing such principal day to day care.

[F207(15) For the purposes of sub-paragraph (12)(c), where a person has made an election under section 13A(1) of the Social Security Administration Act 1992 (election not to receive child benefit) for payments of child benefit not to be made in respect of a child, that person is to be treated as the person to whom child benefit is being paid in respect of that child.]

Textual Amendments

F192Words in Sch. 2 para. 3(1) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 33

F193Words in Sch. 2 para. 3(2) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 2(11)(a)

F194Words in Sch. 2 para. 3(2) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 33

F195Words in Sch. 2 para. 3(3) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 33

F196Words in Sch. 2 para. 3(4) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 33

F197Words in Sch. 2 para. 3(5) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 33

F198Words in Sch. 2 para. 3(6) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 33

F199Words in Sch. 2 para. 3(7) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 33

F201Words in Sch. 2 para. 3(9) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 33

F202Words in Sch. 2 para. 3(10) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 33

F203Words in Sch. 2 para. 3(11) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 33

F204Words in Sch. 2 para. 3(12) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 33

F205Words in Sch. 2 para. 3(13) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 33

F206Words in Sch. 2 para. 3(14) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 33

Maintenance assessment in force: subsequent application for a maintenance assessment with respect to the same persons

4.  Where a maintenance assessment is in force and a subsequent application is made under the same section of the Act for an assessment with respect to the same person with care, absent parent, and qualifying child or qualifying children as those with respect to whom the assessment in force has been made, that application shall not be proceeded with F208....

Textual Amendments

Maintenance assessment in force: subsequent application for a maintenance assessment under section 6 of the Act

F2095.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Maintenance assessment in force: subsequent application for a maintenance assessment in respect of additional children

6.—[F210(1) Where there is in force a maintenance assessment made in response to an application under section 4 of the Act by an absent parent or person with care and that assessment is not in respect of all of the absent parent’s children who are in the care of the person with care with respect to whom that assessment was made—

(a)if that absent parent or that person with care makes an application under section 4 of the Act with respect to the children in respect of whom the assessment currently in force was made and the additional child or one or more of the additional children in the care of that person with care who are children of that absent parent, an assessment made in response to that application shall replace the assessment currently in force;

(b)if that absent parent or that person with care makes an application under section 4 of the Act in respect of an additional qualifying child or additional qualifying children of that absent parent in the care of that person with care, that application shall be treated as an application for a maintenance assessment in respect of all the qualifying children concerned and the assessment made shall replace the assessment currently in force.]

F211(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where a maintenance assessment made in response to an application by a child under section 7 of the Act is in force and the person with care [F212or the absent parent] of that child makes an application for a maintenance assessment under section 4 of the Act in respect of [F213one or more [F214children of that absent parent who are in the care of that person with care], that application shall be treated as an application for a maintenance assessment with respect to all the children of the absent parent who are in her care, and], that assessment shall replace the assessment currently in force.

Textual Amendments

F211Sch. 2 para. 6(2) omitted (19.1.1998) by virtue of The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), reg. 41(2)

F212Words in Sch. 2 para. 6(3) inserted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), reg. 41(3)

F213Words in Sch. 2 para. 6(3) substituted (5.4.1993) by The Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 18

F214Words in Sch. 2 para. 6(3) substituted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), reg. 41(3)

Explanatory Note

(This note is not part of the Regulations)

These Regulations provide for various procedural matters relating to applications for a maintenance assessment under the Child Support Act 1991 (“the Act”), reviews of an assessment, and effective dates, and make provision in respect of reduced benefit directions.

Regulation 1 and Schedule 1 contains interpretation provisions and provisions relating to the service and receipt of documents.

Regulations 2 to 4 and Schedule 2 set out the procedures in relation to applications for a maintenance assessment under the Act.

Regulations 5 to 7 set out the procedures when an effective application for a maintenance assessment has been made.

Regulations 8 and 9 prescribe the amount of child support maintenance payable under an interim maintenance assessment and make other provision in respect of interim maintenance assessments.

Regulations 10 to 16 make provision in respect of notifications following decisions by child support officers.

Regulations 17 and 18 make provision as to periodical reviews under section 16 of the Act, and regulations 19 to 23 make provision as to reviews on a change of circumstances under section 17 or 19 of the Act.

Regulations 24 to 29 make provision as to reviews, under section 18 of the Act, of a decision by a child support officer.

Regulations 30 to 33 prescribe the effective dates of maintenance assessments, and the dates on which maintenance assessments cease to have effect, and make provision in respect of maintenance periods.

Regulations 34 to 50 make provision as to the amount and duration of reduced benefit directions, following a failure to comply with obligations imposed by section 6 of the Act.

Regulations 51 to 56 make provision in respect of miscellaneous matters: regulation 51 prescribes persons who are not persons with care for the purposes of the Act; regulation 52 makes provision in respect of terminations of maintenance assessments; regulation 53 provides for the authorisation of representatives; and regulations 54 to 56 provide for the correction of accidental errors in decisions and the setting aside of decisions on certain grounds.

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