The Child Support and Income Support (Amendment) Regulations 1995

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Amendment of regulation 4 of the Collection and Enforcement Regulations

12. For paragraph (2) of regulation 4 of the Collection and Enforcement Regulations (interval of payment) there shall be substituted the following paragraph—

“(2) In specifying the day and interval of payment the Secretary of State shall have regard to the following factors—

(a)the circumstances of the person liable to make the payments and in particular the day upon which and the interval at which any income is payable to that person;

(b)any preference indicated by that person;

(c)any period necessary to enable the clearance of cheques or otherwise necessary to enable the transmission of payments to the person entitled to receive them,

and, subject to those factors, to any other matter which appears to him to be relevant in the particular circumstances of the case.

Amendment of regulation 5 of the Collection and Enforcement Regulations

13.—(1) Regulation 5 of the Collection and Enforcement Regulations (transmission of payments) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (2), for the words “The Secretary of State” there shall be substituted the words “Subject to paragraph (3), the Secretary of State”.

(3) For paragraphs (3) and (4) there shall be substituted the following paragraphs—

“(3) Except where the Secretary of State is satisfied in the circumstances of the case that it would cause undue hardship to either the person liable to make the payments or the person entitled to receive them, the interval referred to in paragraph (2) shall not differ from the interval referred to in regulation 4.

(4) Subject to paragraph (3) and regulation 4(2), the interval referred to in paragraph (2) and that referred to in regulation 4 may be varied from time to time by the Secretary of State.”.

Amendment of regulation 8 of the Collection and Enforcement Regulations

14.—(1) Paragraph (1) of regulation 8 of the Collection and Enforcement Regulations shall be amended in accordance with the following provisions of this regulation.

(2) Before the definition of “disposable income”, there shall be inserted the following definition—

““defective” means in relation to a deduction from earnings order that it does not comply with the requirements of regulations 9 to 11 and such failure to comply has made it impracticable for the employer to comply with his obligations under the Act and these Regulations;”.

(3) In the definition of “disposable income”, for the words “regulation 12(1)”, there shall be substituted the words “regulation 12(1)(a)”.

(4) After the definition of “exempt income” there shall be inserted the following definition—

““interim maintenance assessment” means a Category A, Category B, Category C or Category D interim maintenance assessment within the meaning of regulation 8(1B) of the Child Support (Maintenance Assessment Procedure) Regulations 1992;”.

(5) In the definition of “protected income level”, after the words “in accordance with” there shall be inserted the words “paragraphs (1) to (5) of”.

Amendment of regulation 9 of the Collection and Enforcement Regulations

15. For paragraphs (d) and (e) of regulation 9 of the Collection and Enforcement Regulations(1), there shall be substituted the following paragraphs—

“(d)the normal deduction rate or rates and the date upon which each is to take effect;

(e)the protected earnings rate;”.

Amendment of regulation 10 of the Collection and Enforcement Regulations

16.—(1) Regulation 10 of the Collection and Enforcement Regulations (normal deduction rate) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (1), for the words “the normal deduction rate” there shall be substituted the words “a normal deduction rate”.

(3) In paragraph (2)—

(a)after the words “arrears or interest” there shall be inserted the words “, in a case where there is a current assessment,”;

(b)for the words “at the date of making of the current assessment” there shall be substituted the words “at the date of making of any current maintenance assessment other than an interim maintenance assessment”.

Amendment of regulation 11 of the Collection and Enforcement Regulations

17.—(1) Regulation 11 of the Collection and Enforcement Regulations (protected earnings rate) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (2), after the word “shall” there shall be inserted the words, “except where paragraph (3) or paragraph (4) applies,”

(3) At the end of the regulation there shall be added the following paragraphs—

“(3) Where an interim maintenance assessment is in force the protected earnings rate shall be—

(a)where there is some knowledge of the liable person’s circumstances, the aggregate of the following amounts at the date of the making of the assessment—

(i)the personal allowance applicable by virtue of paragraph 1(1)(e) of Schedule 2 to the Income Support (General) Regulations 1987(2) (in this paragraph referred to as “the relevant Schedule”) or if he is known to have a partner, that applicable for a couple under paragraph 1(3)(c) of that Schedule;

(ii)the personal allowance applicable by virtue of the relevant Schedule in respect of any child or young person who is known to be living with the relevant person (and where the age of the child or young person is not known it shall be assumed to be less than 11);

(iii)the amount of any premium aplicable by virtue of the relevant Schedule which is known to be applicable in the circumstances of the case; and

(iv)£30;

(b)in any other case the personal allowance specified in paragraph 1(1)(e) of the relevant Schedule at the date mentioned in sub-paragraph (a), plus £30.

(4) Where there is a liability to make payments of child support maintenance but no maintenance assessment is in force, the protected earnings rate shall be—

(a)except where the last maintenance assessment was an interim maintenance assessment of Category A or Category C—

(i)where the absent parent produces evidence sufficient to satisfy the child support officer that his circumstances have changed since the last assessment or review under section 16, 17, 18 or 19 of the Act, a figure equal to the figure that would be his exempt income if the assessment were then being reviewed; or

(ii)in any other case an amount equal to the amount of exempt income produced by the last assessment or review under section 16, 17, 18 or 19 of the Act applicable in his case;

(b)in the case of an interim maintenance assessment of Category A or Category C, the amount produced by the application of the provisions of paragraph (3) above in his case.”.

Substitution of regulation 17 of the Collection and Enforcement Regulations

18. For regulation 17 of the Collection and Enforcement Regulations there shall be substituted the following regulation—

“Requirement to review deduction from earning orders

17.—(1) Subject to paragraph (2), the Secretary of State shall review a deduction from earnings order in the following circumstances—

(a)where there is a change in the amount of the maintenance assessment;

(b)where any arrears and interest on arrears payable under the order are paid off.

(2) There shall be no obligation to review a deduction from earnings order under paragraph (1) where the normal deduction rates specified in the order take account of the changes which will arise as a result of the circumstances specified in sub-paragraph (a) or (b) of that paragraph.”.

Amendment of regulation 20 of the Collection and Enforcement Regulations

19. For paragraph (1) of regulation 20 of the Collection and Enforcement Regulations (discharge of deduction from earnings orders) there shall be substituted the following paragraph—

“(1) The Secretary of State may discharge a deduction from earnings order where it appears to him that—

(a)no further payments are due under it;

(b)the order is ineffective or some other way of securing that payments are made would be more effective;

(c)the order is defective;

(d)the order fails to comply in a material respect with any procedural provision of the Act or regulations made under it other than provision made in regulation 9, 10 or 11;

(e)at the time of the making of the order he did not have, or subsequently ceased to have, jurisdiction to make a deduction from earnings order; or

(f)in the case of an order made at a time when there is in force an interim maintenance assessment, it is inappropriate to continue deductions under the order having regard to the compliance or the attempted compliance with the maintenance assessment by the liable person.”.

Amendment of regulation 3 of the Fees Regulations

20.—(1) Regulation 3 of the Fees Regulations (liability to pay fees)(3) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (1), for the words “paragraphs (4) and (5)” there shall be substituted the words “paragraphs (3A) to (5)”.

(3) After paragraph (3) there shall be inserted the following paragraph—

“(3A) No person shall be liable to pay an assessment fee or a collection fee which would otherwise become payable on or after 18th April 1995 and before 6th April 1997, and for the purposes of this paragraph a fee becomes payable—

(a)in the case of a collection fee, upon the date upon which the Secretary of State arranges for the collection of, and enforcement of the obligation to pay, child support maintenance in accordance with the assessment or the anniversary of the date upon which he so arranges;

(b)in the case of an assessment fee upon the date upon which the maintenance assessment in the case in question is made, or the anniversary thereof.”.

Amendment of regulation 4 of the Fees Regulations

21.—(1) Regulation 4 of the Fees Regulations (fees)(4) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (4), for the words from “the amount of that fee shall” to the end of the paragraph there shall be substituted—

“the amount of that fee shall be—
(a)
in a case where the Secretary of State arranges for the enforcement of the obligation to pay child support maintenance in accordance with the assessment whichever is the less of the following—
(i)
the amount specified in paragraph (3); or
(ii)
that amount multiplied by the number of complete weeks between the first date in respect of which arrears are due and the date the assessment fee next becomes payable divided by 52;
(b)
in any other case an amount equal to the collection fee specified in paragraph (3), multiplied by the number of complete weeks between the first collection date and the date the assessment fee next becomes payable, and divided by 52.”.

(3) In paragraph (5), after the word “terminated” there shall be inserted the words “except by virtue of regulation 3(3A) above”.

Amendment of regulation 2 of the Information, Evidence and Disclosure Regulations

22. After sub-paragraph (c) of paragraph (2) of regulation 2 of the Information, Evidence and Disclosure Regulations, (persons under a duty to furnish information or evidence) there shall be inserted the following sub-paragraphs—

“(cc)persons employed in the service of the Crown or otherwise in the discharge of Crown functions, where they are the current or recent employer of the absent parent or the parent with care in relation to whom an application for a maintenance assessment has been made, with respect to the matters listed in sub-paragraphs (d), (e), (f), (h) and (j) of regulation 3(1);

(cd)persons employed in the service of the Crown or otherwise in the discharge of Crown functions, where they are the current or recent employer of a person falling within sup-paragraph (b), with respect to the matters listed in sub-paragraphs (d) and (e) of regulation 3(1);”.

Amendment of regulation 3 of the Information, Evidence and Disclosure Regulations

23. Regulation 3 of the Information, Evidence and Disclosure Regulations (purposes for which information or evidence may be required) shall be amended by the addition at the end of paragraph (2) (which specifies matters as to which information or evidence may be required) of the following sub-paragraph—

“(s)the making of, and the amount of, any qualifying transfer or compensating transfer within the meaning of Schedule 3A to the Maintenance Assessments and Special Cases Regulations.”.

Insertion of regulation 9A into the Information, Evidence and Disclosure Regulations

24. After regulation 9 of the Information, Evidence and Disclosure Regulations there shall be inserted the following regulation—

“Disclosure of information to other persons

9A.—(1) The Secretary of State or a child support officer may disclose information given to him by one party to a maintenance assessment to another party to that assessment where, in the opinion of the Secretary of State or a child support officer, such information is essential to inform the party to whom it would be given as to—

(a)why an application for a maintenance assessment under section 4, 6 or 7 of the Act, or an application for a review under section 17 or 18 of the Act has been rejected;

(b)why, although an application for a maintenance assessment referred to in sub-paragraph (a) has been accepted, that assessment cannot, at the time in question, be proceeded with or why a maintenance assessment will not be made following that application;

(c)why a maintenance assessment has ceased to have effect or has been cancelled, or;

(d)how a maintenance assessment has been calculated, in so far as the matter has not been dealt with by the notification given under regulation 10 of the Maintenance Assessment Procedure Regulations.

(2) For the purposes of this regulation, “party to a maintenance assessment” means—

(a)a relevant person;

(b)a person appointed by the Secretary of State under regulation 3A of the Child Support Appeal Tribunals (Procedure) Regulations 1992(5);

(c)the personal representative of a relevant person where a review or appeal was pending at the date of death of that person and the personal representative is dealing with that review or appeal on behalf of that person.

(3) Any application for information under this regulation shall be made to the Secretary of State or a child support officer in writing setting out the reasons for the application.

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

(a)the address of any person other than the recipient of the information in question (other than the address of the office of the child support officer concerned) 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,”.

Amendment of regulation 1 of the Maintenance Arrangement and Jurisdiction Regulations

25. In paragraph (2) of regulation 1 of the Maintenance Arrangements and Jurisdiction Regulations, after the definition of “the Act” there shall be inserted the following definition—

““Maintenance Assessment Procedure Regulations” means the Child Support (Maintenance Assessment Procedure) Regulations 1992(6);”.

Substitution of regulation 2 of the Maintenance Arrangements and Jurisdiction Regulations

26. For regulation 2 of the Maintenance Arrangements and Jurisdiction Regulations (prescription of enactments for the purposes of Section 8(11) of the Act), there shall be substituted the following regulation—

“Prescription of enactments for the purposes of section 8(11) of the Act

2. The following enactments are prescribed for the purposes of section 8(11)(f) of the Act—

(a)the Conjugal Rights (Scotland) Amendment Act 1861(7);

(b)the Court of Session Act 1868(8);

(c)the Sheriff Courts (Scotland) Act 1907(9);

(d)the Guardianship of Infants Act 1925(10);

(e)the Illegitimate Children (Scotland) Act 1930(11);

(f)the Children and Young Persons (Scotland) Act 1932(12);

(g)the Children and Young Persons (Scotland) Act 1937(13);

(h)the Custody of Children (Scotland) Act 1939(14);

(i)the National Assistance Act 1948(15);

(j)the Affiliation Orders Act 1952(16);

(k)the Affiliation Proceedings Act 1957(17);

(l)the Matrimonial Proceedings (Children) Act 1958(18);

(m)the Guardianship of Minors Act 1971(19);

(n)the Guardianship Act 1973(20);

(o)the Children Act 1975(21);

(p)the Supplementary Benefits Act 1976(22);

(q)the Social Security Act 1986(23);

(r)the Social Security Administration Act 1992(24).”.

Amendment of regulation 3 of the Maintenance Arrangements and Jurisdiction Regulations

27.—(1) Regulation 3 of the Maintenance Arrangements and Jurisdiction Regulations (relationship between maintenance assessments and certain court orders) shall be amended in accordance with the following provisioins of this regulation.

(2) For paragraph (1), there shall be substituted the following paragraph—

“(1) Orders made under the following enactments are of a kind prescribed for the purposes of section 10(1) of the Act—

(a)the Conjugal Rights (Scotland) Amendment Act 1861;

(b)the Court of Session Act 1868;

(c)the Sheriff Courts (Scotland) Act 1907;

(d)the Guardianship of Infants Act 1925;

(e)the Illegitimate Children (Scotland) Act 1930;

(f)the Children and Young Persons (Scotland) Act 1932;

(g)the Children and Young Persons (Scotland) Act 1937;

(h)the Custody of Children (Scotland) Act 1939;

(i)the National Assistance Act 1948;

(j)the Affiliation Orders Act 1952;

(k)the Affiliation Proceedings Act 1957;

(l)the Matrimonial Proceedings (Children) Act 1958;

(m)the Guardianship of Minors Act 1971;

(n)the Guardianship Act 1973;

(o)Part II of the Matrimonial Causes Act 1973(25);

(p)the Children Act 1975;

(q)the Supplementary Benefits Act 1976;

(r)the Domestic Proceedings and Magistrates Courts Act 1978(26);

(s)Part III of the Matrimonial and Family Proceedings Act 1984(27);

(t)the Family Law (Scotland) Act 1985(28);

(u)the Social Security Act 1986;

(v)Schedule 1 to the Children Act 1989(29);

(w)the Social Security Administration Act 1992.”.

(3) After paragraph (7), there shall be added the following paragraph—

“(8) Where—

(a)a maintenance assessment is made in accordance with Part I of Schedule 1 to the Act in respect of children with respect to whom an order falling within paragraph (1) was in force; and

(b)that order ceases to have effect on or after 18th April 1995, for reasons other than the making of an interim maintenance assessment, but prior to the date on which the maintenance assessment is made and after—

(i)the date on which a maintenance enquiry form referred to in regulation 5(2) of the Maintenance Assessment Procedure Regulations was given or sent to the absent parent, where the application for a maintenance assessment was made by a person with care or a child under section 7 of the Act; or

(ii)the date on which a maintenance application which complies with the provisions of regulation 2 of the Maintenance Assessment Procedure Regulations was received by the Secretary of State from an absent parent,

the effective date of that maintenance assessment shall be the day following that on which the court order ceased to have effect.”.

Amendment of regulation 8 of the Maintenance Assessment Procedure Regulations

28.—(1) Regulation 8 of the Maintenance Assessment Procedure Regulations (amount and duration of an interim maintenance assessment) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (1A), for the word “two” there shall be substituted the word “four” and for the words “Category B interim maintenance assessments.” there shall be substituted the words “Category B interim maintenance assessments, Category C interim maintenance assessments and Category D interim maintenance assessments.”.

(3) In sub-paragraph (a) of paragraph (1B), for the words “the information that is required by him as to the income of the absent parent” there shall be substituted the words “any information, other than information referred to in sub-paragraph (b), that is required by him”.

(4) For sub-paragraph (b) of paragraph (1B), there shall be substituted the following sub-paragraph—

“(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 car 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 or the child support officer;”.

(5) In paragraph (1B) after sub-paragraph (b), there shall be inserted the following sub-paragraphs—

“(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 a child support officer 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 the 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 a child support officer,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 of 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.”.

(6) In paragraph (2A), for the words “The amount” there shall be substituted the words “subject to paragraph (2D), the amount”.

(7) In paragraph (2(C), after the words “absent parent” where they first appear there shall be inserted the words “calculated in accordance with regulation 12(1)(a) of the Maintenance Assessments and Special Cases Regulations”.

(8) After paragraph (2C), there shall be inserted the following paragraphs—

“(2D) Where the application of the provisions of paragraph (2B) or (2C) 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.

(2E) The amount of child support maintenance fixed by a category C interim maintenance assessment shall be £30.00 but a child support officer may set a lower amount, including a nil amount, if he thinks it reasonable to do so in all the circumstances of the case.

(2F) Paragraph 6 of Schedule 1 to the Act shall not apply to Category C interim maintenance assessments.

(2G) A child support officer 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 (2E), 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.

(2H) 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 the child support officer 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; and

(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.

(2I) Where the absent parent referred to in paragraph (2H) is an employed earner as defined in regulation 1 of the Maintenance Assessments and Special Cases Regulations and the child support officer 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 regulation 1 of the Maintenance Assessments and Special Cases Regulations.”.

(9) For paragraph (3), there shall be substituted the following paragraph—

“(3) Except where regulation 3(5) of the maintenance Arrangements and Jurisdiction Regulations (effective date of maintenance assessment where court order in force) or paragraph (3A), (3B), (3C), (3D), (7) (7A) or (7E) applies, the effective date of an interim maintenance assessment shall be—

(a)in respect of a Category A, Category C or Category D interim maintenance assessment , subject to sub-paragraph (c), 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);

(b)in respect of a Category B interim maintenance assessment—

(i)subject to head (ii) and sub-paragraph (c), such date, being not earlier than the first and not later than the seventh day following the expiry of the period of 14 days specified in paragraph (1), as falls on the same day of the week as the date determined in accordance with regulation 30(2)(a)(ii);

(ii)where that Category B interim maintenance assessment is made after a Category A, Category C or Category D interim maintenance assessment has been in force, the date upon which that Category A, Category C or Category D interim maintenance assessment ceased to have effect in accordance with paragraph (9A);

(c)in respect of a Category A, Category B, Category C or Category D interim maintenance assessment, where the application of the provisions of sub-paragraph (a) or (b)(i) 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 in 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).”.

(10) In paragraph (3A),for the words “52 weeks” there shall be substituted the words “104 weeks” and in paragraphs (3A) to (3C), for the words “Category A” where they occur there shall be substituted the words “Category A or Category D”.

(11) In paragraph (4), for the words “or (3D)” there shall be substituted the words “,(3D), (7), (7A) or (7E)”.

(12) In paragraph (6), for the words “an interim maintenance assessment” there shall be substituted the words “a Category A, Category B or Category D interim maintenance assessment”.

(13) For paragraph (7), there shall be substituted the following paragraphs—

“(7) Where a child support officer cancels a Category A, Category B or Category D interim maintenance assessment in accordance with the provisions of paragraph (6), and he is satisfied that there was unavoidable delay for only part of the period during which that assessment was in force, and that another Category A, Category B or Category D interim maintenance assessment should be made, the effective date of that other Category A, Category B or Category D interim maintenance assessment shall, subject to paragraph (7A), be the first day of the maintenance period following the date upon which, in the opinion of the child support officer, the delay became avoidable.

(7A) Where the Category A or Category B interim maintenance assessment cancelled in accordance with the provisions of paragraph (6) was made prior to 18 April 1995 and the effective date of any new Category A or Category B interim maintenance assessment would, by virtue of paragraph (7), be prior to 18 April 1995, the effective date of that new Category A or Category B interim maintenance assessment shall be the first day of the maintenance period which begins on or after 18 April 1995.

(7B) Where in respect of any Category A or Category B interim maintenance assessment in force before 18 April 1995 the delay referred to in paragraph (6) became avoidable before 18 April 1995, that Category A or Category B interim maintenance assessment may not be cancelled with effect from a date earlier than the date the delay became avoidable.

(7C) Subject to paragraph (6), where a child support officer 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 in force, he may cancel the interim maintenance assessment which is in force with effect from whichever is the later of the first day of the maintenance period in which he becomes so satisfied or the first day of the maintenance period which begins on or after 18 April 1995.

(7D) In paragraph (7C), “Category” in relation to an interim maintenance assessment means Category A, Category B, Category C or Category D, as the case may be.

(7E) Where a child support officer makes an interim maintenance assessment following the cancellation of an interim maintenance assessment in accordance with paragraph (7C), the effective date for the fresh interim maintenance assessment shall be the date upon which that cancellation took effect.

(7F) A child support officer may cancel an interim maintenance assessment which is in force with effect from such date as he considers appropriate in all the circumstances on the grounds that—

(a)there was a material procedural error in connection with the making of the assessment; or

(b)he is satisfied that he did not, or has subsequently ceased to have jurisdiction to make that interim maintenance assessment.”.

(14) For paragraph (8), there shall be substituted the following paragraph—

“(8) 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 payable in respect of the period after 18 April 1995 during which that interim maintenance assessment was in force shall be that fixed by the maintenance assessment.”.

(15) At the beginning of paragraph (9), for the words “An interim maintenance assessment” there shall be substituted the words “Subject to paragraph (9A), an interim maintenance assessment”.

(16) After paragraph (9) there shall be inserted the following paragraph—

“(9A) A Category A, Category C or Category D interim maintenance assessment shall cease to have effect on the first day of the maintenance period in which the Secretary of State has received all the information that is required by him to enable a child support officer to make an assessment in accordance with the provisions of Part I of Schedule 1 to the Act with the exception of the information referred to in paragraph (1B)(b) or the first day of the maintenance period after 18 April 1995 whichever is the later.”.

(17) Paragraph (10) shall be omitted.

(18) In paragraph (11), for the words “for the purposes of sections 17 and 18 of the Act” there shall be substituted the words “for the purposes of sections 17, 18 and 19(2) of the Act” and after the words “Category A” there shall be inserted the words “or Category D”.

(19) In paragraph (12), after the words “Category A” there shall be inserted the words “or Category D”.

Amendment of regulation 9 of the Maintenance Assessment Procedure Regulations

29. In paragraph (1) of regulation 9 of the Maintenance Assessment Procedure Regulations, after the words “Category A” there shall be inserted the words “or Category D”.

Amendment of regulation 10 of the Maintenance Assessment Procedure Regulations

30.—(1) Regulation 10 of the Maintenance Assessment Procedure Regulations (notification of a new or a fresh maintenance assessment) shall be amended in accordance with the following provisions of this regulation.

(2) For paragraph (1) there shall be substituted the following paragraph—

“(1) Where a child support officer—

(a)makes a new or fresh maintenance assessment following an application under section 4, 6 or 7 of the Act or a review under section 16, 17, 18 or 19 of the Act;

(b)substitutes an interim maintenance assessment for one which is in force in accordance with regulation 8; or

(c)makes a maintenance assessment calculated in accordance with Part I of Schedule 1 to the Act where an interim maintenance assessment is or has been in force,

he shall immediately notify the relevant persons, so far as that is reasonably practicable, of the amount of the child support maintenance under that assessment.”.

(3) In paragraph (2) for the words “paragraph (2A)” there shall be substituted the words “paragraphs (2A) and (2B)”.

(4) In paragraph (2A), after the words “Category A” wherever they appear there shall be inserted the words “Category C or D”.

(5) After paragraph (2A) there shall be inserted the following paragraph—

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

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

(b)where known, the absent parent’s assessable income.”.

(6) In paragraph (5), after the words “Category A” wherever they appear there shall be inserted the words “or Category D”.

Amendment of regulation 11 of the Maintenance Assessment Procedure Regulations

31. For paragraph (2) of regulation 11 of the Maintenance Assessment Procedure Regulations (notification of a refusal to conduct a review) there shall be substituted the following paragraph—

“(2) A notification under paragraph (1) shall include information as to the following provisions—

(a)where the refusal is on the grounds set out in section 17(3) of the Act, sections 16 and 18 of the Act and regulations 24(1) and 31(7);

(b)except where sub-paragraph (c) applies, where the refusal is on the grounds set out in section 18(6) of the Act, sections 16, 17 and 20 of the Act;

(c)where the refusal is on the grounds set out in section 18(6) of the Act and relates to a decision made under regulation 9(6), sections 16 and 20 of the Act.”.

Amendment of regulation 13 of the Maintenance Assessment Procedure Regulations

32. After sub-paragraph (b) of paragraph (2) of regulation 13 of the Maintenance Assessment Procedure Regulations (notification of refusal to cancel a maintenance assessment) there shall be added the following sub-paragraph—

“(c)where the refusal is of an application for the cancellation of a Category A or a Category D interim maintenance assessment under regulation 9, sections 16 and 20 of the Act.”.

Amendment of regulation 14 of the Maintenance Assessment Procedure Regulations

33. In paragraph (1) of regulation 14 of the Maintenance Assessment Procedure Regulations (notification of cancellation of maintenance assessment), after the word “assessment,” there shall be inserted the words “except a Category A or Category D interim maintenance assessment falling within regulation 9,”.

Amendment of regulation 17 of the Maintenance Assessment Procedure Regulations

34.—(1) Regulation 17 of the Maintenance Assessment Procedure Regulations (intervals between periodical reviews and notice of a periodical review) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (1), for the words “after it has been in force for a period of 52 weeks” there shall be substituted the words “after it has been in force for a period of—”

(i)in the case of an assessment the effective date of which is on or before 18th April 1994, 52 weeks;

(ii)in the case of an assessment the effective date of which is after 18th April 1994, 104 weeks.

(3) For paragraph (2), there shall be substituted the following paragraph—

“(2) Where a maintenance assessment in force is a fresh assessment following a review under section 18 or 19 of the Act, that assessment shall be reviewed by a child support officer under section 16 of the Act after it has been in force for a period of —

(a)in the case of an assessment the effective date of which is on or before 18th April 1994, 52 weeks;

(b)in the case of an assessment the effective date of which is after 18th April 1994, 104 weeks,

less, in either case, the period between the effective date of the previous assessment falling within paragraph (1) above and the effective date of the fresh assessment following the review under section 18 or 19 of the Act.”.

Amendment of regulation 19 of the Maintenance Assessment Procedure Regulations

35. For paragraph (3) of regulation 19 of the Maintenance Assessment Procedure Regulations (conduct of a review on a change of circumstances), there shall be substituted the following paragraph—

“(3) The provisions of paragraph (2) shall not apply in relation to any person to whom or in respect of whom income support is payable or to a person with care where income support is payable to or in respect of the absent parent.”.

Amendment of regulation 30 of the Maintenance Assessment Procedure Regulations

36.—(1) Regulation 30 of the Maintenance Assessment Procedure Regulations (effective dates of new assessments) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (1) for the words “and (7)” there shall be substituted the words “, (7) and (8)”.

(3) For paragraph (2) there shall be substituted the following paragraph—

“(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.”.

(4) After paragraph (2), there shall be inserted the following paragraph—

“(2A) Where a child support officer 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.”.

Amendment of regulation 31 of the Maintenance Assessment Procedure Regulations

37.—(1) Regulation 31 of the Maintenance Assessment Procedure Regulations (effective dates of maintenance assessments following a review under sections 16 to 19 of the Act) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (1), for the words “52 weeks” there shall be substituted the words “104 weeks”.

(3) In paragraph (6) for the words “Subject to paragraphs (7), (10) and (11)” there shall be substituted the words “Subject to paragraphs (6A), (6B), (6C), (9) and (10)”.

(4) After paragraph (6) there shall be inserted the following paragraphs—

“(6A) Subject to paragraph (6C), where an application is made under section 18(2) of the Act for a review of a maintenance assessment in force following notification being given to the relevant person that the child support officer does not propose to review the assessment in consequence of the coming into force of the provisions mentioned in paragraph (6B), the effective date of a fresh assessment (if one is made) following such a review shall be—

(a)where the application is received within 28 days of the Secretary of State notifying the relevant person of the child support officer’s decision, or on a later date where the Secretary of State is satisfied that there was unavoidable delay, the effective date as determined on the review;

(b)subject to sub-paragraph (a), where the application is received by the Secretary of State later than 28 days after the date of the notification of the child support officer’s decision, the first day of the maintenance period in which the application is received.

(6B) Paragraph (6A) applies to the following provisions of the Income Support and Child Support (Amendment) Regulations 1995—

(a)regulation 44(2);

(b)regulation 45;

(c)regulation 46(2)(d) and (e);

(d)regulation 51.

(6C) Where the application made under section 18(2) is made following notification being given to the relevant person that the child support officer has determined that the amount to be allowed in the computation of the relevant person’s exempt income in accordance with Schedule 3A to the Child Support (Maintenance Assessments and Special Cases) Regulations is nil by reason of the failure of the relevant person to furnish within a reasonable time the evidence required by paragraph 2 of that Schedule—

(a)where the Secretary of State is satisfied that there was good cause for the delay in furnishing the evidence the effective date of any assessment made in consequence of the review shall be the effective date which would have been applicable to the assessment had the evidence been furnished timeously;

(b)where the Secretary of State is not satisfied that there was good cause for the delay, the effective date of any revised assessment shall be the first day of the maintenance period in which the relevant person provides that evidence.”.

(5) For paragraph (14), there shall be substituted the following paragraph—

“(14) Where a child support officer following a review under section 19(1) of the Act makes a fresh maintenance assessment or on a review under section 19(2) of the Act is satisfied that if an application were to be made under section 18 of the Act it would be appropriate to make a fresh maintenance assessment, and does so, the effective date of that fresh assessment shall—

(a)be determined in accordance with paragraph (5) or (8); or

(b)be determined in accordance with paragraph (7), subject to the modification that that paragraph shall have effect as if for “the date determined under paragraph (2)” there is substituted “the first day of the maintenance period in which the child support officer is first satisfied that a review under section 19(1) of the Act should be undertaken or the first day of the maintenance period following 18th April 1995, whichever is the later”; or

(c)(subject to paragraphs (9) or (10)), be the first day of the maintenance period in which the child support officer is satisfied that a review under section 19 of the Act should be undertaken or the first day of the maintenance period following 18th April 1995 whichever is the later.”.

Amendment of regulation 36 of the Maintenance Assessment Procedure Regulations

38.—(1) Regulation 36 of the Maintenance Assessment Procedure Regulations (amount of and period of reduction of relevant benefit under a reduced benefit direction) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (4), for the words “Subject to paragraph (5)”, there shall be substituted the words “Subject to paragraphs (5), (5A) and (5B)”.

(3) After paragraph (5), there shall be inserted the following paragraphs—

“(5A) Where the relevant benefit is family credit or disability working allowance and, at the time a direction is given, a lump sum payment has already been made under the provisions of regulation 27(1A) of the Social Security (Claims and Payments) Regulations 1987(30) (payment of family credit or disability working allowance by lump sum) the direction shall, subject to paragraph (5B), come into operation on the first day of any benefit week which immediately follows the period in respect of which the lump sum payment was made, or the first day of any benefit week which immediately follows 18th April 1995 if later.

(5B) Where the period in respect of which the lump sum payment was made is not immediately followed by a benefit week, but family credit or disability working allowance again becomes payable, or income support becomes payable, during a period of 52 weeks from the date the direction was given, the direction shall come into operation on the first day of the second benefit week which immediately follows the expiry of a period of 14 days from service of the notice specified in paragraph (5C).

(5C) Where paragraph (5B) applies, the parent to or in respect of whom family credit or disability working allowance has again become payable, or income support has become payable, shall be notified in writing by a child support officer that the amount of family credit, disability working allowance or income support paid to or in respect of her will be reduced in accordance with the provisions of paragraph (5B) if she continues to fail to comply with the obligations imposed by section 6 of the Act.

(5D) Where—

(a)family credit or disability working allowance has been paid by lump sum under the provisions of regulation 27(1A) of the Social Security (Claims and Payments) Regulations 1987 (whether or not a benefit week immediately follows the period in respect of which the lump sum payment was made); and

(b)where income support becomes payable to or in respect of a parent to or in respect of whom family credit or disability working allowance was payable at the time the direction referred to in paragraph (5A) was made, income support shall become a relevant benefit for the purposes of that direction and the amount payable by way of income support shall be reduced in accordance with that direction.

(5E) In circumstances to which paragraph (5A)

or (5B) applies, where no relevant benefit has become payable during a period of 52 weeks from that date on which a direction was given, it shall lapse.”.

Amendment of regulation 40 of the Maintenance Assessment Procedure Regulations

39.—(1) Regulation 40 of the Maintenance Assessment Procedure Regulations (suspension of a reduced benefit direction where a modified applicable amount is payable) shall be amended in accordance with the following provisions of this regulation.

(2) After paragraph (1) there shall be inserted the following paragraph—

“(1A) Where a direction is given or is in operation at a time when income support is payable to or in respect of the parent concerned, but her applicable amount includes a residential allowance under regulation 17 of, and paragraph 2A of Schedule 2 to, the Income Support Regulations(31) (applicable amounts for those in residential care or nursing homes), that direction shall be suspended for as long as her applicable amount includes a residential allowance under regulation 17 and paragraph 2A of Schedule 2, or 52 weeks, whichever period is the shorter.”.

(3) In paragraph (2), after the words “paragraph (1)” the words “or (1A)” shall be inserted.

Amendment of regulation 42 of the Maintenance Assessment Procedure Regulations

40. In paragraph (5) of regulation 42 of the Maintenance Assessment Procedure Regulations (review of a reduced benefit direction), after the words “were given” there shall be added the words “or the Secretary of State or a child support officer becomes aware of a question of a kind mentioned in paragraph (2A) or (2B)”.

Amendment of regulation 1 of the Maintenance Assessments and Special Cases Regulations

41.—(1) Regulation 1 of the Maintenance Assessments and Special Cases Regulations (citation, commencement and interpretation)(32) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (2)—

(i)for the definition of “day to day care” there shall be substituted the following definition—

““day to day care” means—
(a)
care of not less than 104 nights in total during the 12 month period ending with the relevant week; or
(b)
where, in the opinion of the child support officer, a period other than 12 months but ending with the relevant week is more representative of the current arrangements for the care of the child in question, care during that period is not less in total than the number of nights which bears the same ratio to 104 nights as that period bears to 12 months,
and for the purpose of this definition—
(i)
where a child is a boarder at a boarding school, or is an in-patient in a hospital, the person who, but for those circumstances, would otherwise provide day to day care of the child shall be treated as providing day to day care during the periods in question;
(ii)
“relevant week” shall have the meaning ascribed to it in head (ii) of sub-paragraph (a) of the definition of “relevant week” in this paragraph;”;

(ii)after the definition of the word “prisoner” there shall be inserted the following definition—

““qualifying transfer” has the meaning assigned to it in Schedule 3A;” and

(iii)in the definition of the word “student” for the words “Education (Mandatory Awards) Regulations 1988” there shall be substituted the words

“Education (Mandatory Awards) (No. 2) Regulations 1993”(33).

(3) In paragraph (2A)—

(a)after the words “personal pension scheme, then” there shall be inserted the words “subject to sub-paragraph (e)”;

(b)in sub-paragraph (a), for the words “effective date” there shall be substituted the words “relevant week”;

(c)in sub-paragraph (c), the words “or personal” shall be omitted and for the word “paid.” there shall be substituted the words “paid; and”;

(d)after sub-paragraph (c), the following sub-paragraphs shall be added—

“(d)the amount to be deducted in respect of contributions towards a personal pension scheme shall be one half of the contributions paid by that person or, where that scheme is intended partly to provide a capital sum to discharge a mortgage secured on that person’s home, 37.5 per centum of those contributions;

(e)in relation to any bonus or commission which may be included in that person’s income—

(i)the amount to be deducted in respect of income tax shall be calculated by applying to the gross amount of that bonus or commission the rate or rates of income tax applicable in the relevant week;

(ii)the amount to be deducted in respect of primary Class 1 contributions under the Contributions and Benefit Act or under the Social Security Contributions and Benefits (Northern Ireland) Act 1992 shall be calculated by applying to the gross amount of that bonus or commission the appropriate main primary percentage applicable in the relevant week; and

(iii)the amount to be deducted in respect of contributions paid by that person in respect of the gross amount of that bonus or commission towards an occupational pension scheme shall be one half of any sum so paid.”.

Amendment of regulation 2 of the Maintenance Assessment and Special Cases Regulations

42. In paragraph (2) of regulation 2 of the Maintenance Assessments and Special Cases Regulations (calculation or estimation of amounts), for the words “regulation 13(2)” there shall be substituted the words “regulations 11(6) and (7) and 13(2) and regulation 8(2) of the Maintenance Assessment Procedure Regulations” and before the words “these Regulations” there shall be inserted the words “the Act or”.

Amendment of regulation 6 of the Maintenance Assessments and Special Cases Regulations

43. In sub-paragraph (a) of paragraph (2) of regulation 6 of the Maintenance Assessments and Special Cases Regulations (value of Z in calculating the additional element)(34), for “3” there shall be substituted “1.5”.

Amendment of regulation 9 of the Maintenance Assessments and Special Cases Regulations

44.—(1) Regulation 9 of the Maintenance Assessments and Special Cases Regulations (exempt income: calculation or estimation of E) shall be amended in accordance with the following provisions of this regulation.

(2) Paragraph (1) shall be amended—

(a)by the insertion, after sub-paragraph (b), of the following sub-paragraph—

“(bb)where applicable, an amount in respect of a qualifying transfer of property determined in accordance with Schedule 3A;”; and

(b)by the addition, at the end of the paragraph of the following sub-paragraph—

“(i)where applicable, an amount in respect of travelling costs determined in accordance with Schedule 3B.”.

(3) In sub-paragraph (c) of paragraph (2)—

(i)at the end of head (iii) the word “and” shall be inserted; and

(ii)head (v) and the word “; and” preceding it shall be omitted.

Amendment of regulation 10 of the Maintenance Assessments and Special Cases Regulations

45. In regulation 10 of the Maintenance Assessments and Special Cases Regulations (exempt income of parent with care)(35) for the words from “except” to the end of the regulation there shall be substituted the words expect that—

(a)sub-paragraph (bb) of paragraph (1) of that regulation shall not apply unless at the time of the making of the qualifying transfer the parent with care would have been the absent parent had the Child Support Act 1991 been in force at the date of the making of the transfer; and

(b)paragraph (3) and (4) of that regulation shall apply only where the parent with care shares day to day care of the child mentioned in those paragraphs with one or more other persons.”.

(1)

Paragraph (e) was amended by regulation 3(1) of S.I. 1994/227.

(2)

S.I. 1987/1967. Relevant amending instruments are 1988/663, 1989/1678.

(3)

Regulation 3 has been amended; paragraph (3) was substituted by regulation 5(3) of S.I. 1994/227.

(4)

Regulation 4 has been amended; paragraph (2) was substituted by regulation 5(4) of S.I. 1994/227.

(5)

S.I. 1992/2641. Regulation 3A is inserted by regulation 4 of these Regulations.

(6)

S.I. 1992/1813. Regulation 5 was amended by S.I. 1993/913.