(This note is not part of the Regulations)
These Regulations make provision as to the effect that making a maintenance assessment under the Child Support Act 1991 (“the Act”) has on a maintenance order or a maintenance agreement, the cancellation of a maintenance assessment where a child support officer no longer has jurisdiction to make an assessment under the provisions of section 44 of the Act (which imposes conditions as to habitual residence in the United Kingdom), and related matters.
Regulation 1 contains interpretation provisions.
Regulation 2 prescribes the repealed Affiliation Proceedings Act 1957 for the purposes of section 8(11) of the Act (definition of “maintenance order”) to cover orders which continue to have effect under the 1957 Act.
Regulations 3 and 4 provide for some prescribed orders and agreements ceasing to have effect where a maintenance assessment is made.
Regulation 5 provides, in certain cases where a maintenance assessment has been made, for a child support officer to notify the court. Regulation 6 provides, in certain cases where a maintenance order has been made, for the court to notify the Secretary of State.
Regulation 7 provides for the cancellation of a maintenance assessment where a child support officer no longer has jurisdiction to make an assessment by virtue of the provisions of section 44 of the Act.
Regulation 8 provides for treating payments of child support maintenance as payments under a maintenance order, and vice versa, where an error has been made.