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The Child Support (Maintenance Assessment Procedure) Regulations 1992

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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)a child support officer 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.

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