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The Child Support Act 1991 (Commencement No.3 and Transitional Provisions) Order 1992

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12.—(1) The provisions of the following sub-paragraphs shall apply where there is a review of a previous assessment under section 17 of the Act (reviews on change of circumstances) at any time when the amount payable under that assessment is the modified amount.

(2) Where the child support officer determines that, were a fresh assessment to be made as a result of the review, the amount payable under it (disregarding the provisions of this Part of this Schedule) (in this paragraph called “the reviewed formula amount”) would be—

(a)more than the formula amount, the amount of child support maintenance payable shall be the modified amount plus the difference between the formula amount and the reviewed formula amount;

(b)less than the formula amount but more than the modified amount, the amount of child support maintenance payable shall be the modified amount;

(c)less than the modified amount, the amount of child support maintenance payable shall be the reviewed formula amount.

(3) The child support officer shall, in determining the reviewed formula amount, apply the provisions of regulations 20 to 22 of the Maintenance Assessment Procedure Regulations.

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