The Child Support (Miscellaneous Amendments and Transitional Provisions) Regulations 1994

6.—(1) In this Part and Part IV of these Regulations—

“the Act” means the Child Support Act 1991(1);

“excess” means the amount by which the formula amount exceeds the old amount;

“existing case” means a case in which before the date when these Regulations come into force, a maintenance assessment has been made which has an effective date which also falls before that date;

“formula amount” means the amount of child support maintenance that would, but for the provisions of this Part of these Regulations, be payable under the maintenance assessment in force on the date these Regulations come into force or, if there is no such assessment, under the first assessment to come into force on or after that date;

“new case” means a case in which the effective date of the maintenance assessment falls on or after the date when these Regulations come into force;

“old amount” means subject to paragraph (2) below, the aggregate weekly amount which was payable under the orders, agreements or arrangements mentioned in regulation 7(1)(a) below;

“pending case” means a case in which an application for a maintenance assessment has been made before the date when these Regulations come into force but no maintenance assessment has been made before that date;

“Procedure Regulations” means the Child Support (Maintenance Assessment Procedure) Regulations 1992(2);

“transitional amount” means an amount determined in accordance with regulation 8 below; and

“transitional period” means a period of, where the formula amount does not exceed £60, 52 weeks, and in any other case 78 weeks, beginning—

(a)

in relation to an existing case, with the day that the maintenance assessment in that case is reviewed following an application under regulation 10(1) to (3) below;

(b)

in relation to a new case, the effective date of the maintenance assessment in that case;

(c)

in relation to a pending case, the effective date of the maintenance assessment in that case or the date when these Regulations come into force, whichever is the later.

(2) In determining the old amount the child support officer shall disregard any payments in kind and any payments made to a third party on behalf of or for the benefit of the qualifying child or qualifying children or the person with care.

(1)

1991 c. 48.

(2)

S.I.1992/1813.The relevant amending instrument is S.I.1993/913.