The Child Support and Income Support (Amendment) Regulations 1995

Reviews consequent upon the amendments made by these regulations

62.—(1) Subject to paragraph (3), where a child support officer reviews a maintenance assessment in consequence only of the amendments specified in paragraph (2) he shall not make a fresh assessment if the difference between the amount of child support maintenance fixed by the assessment currently in force and the amount that would be fixed if the fresh assessment were to be made as a result of the review is—

(a) less than £1.00 per week where the amount fixed by the assessment currently in force is more than the amount that would be fixed by the fresh assessment; or

(b) less than £10.00 per week in all other cases.

(2) Paragraph (1) applies to the following provisions—

(a) regulation 28(8);

(b) regulation 43;

(c) regulation 44(2);

(d) regulation 45;

(e) regulation 46(2)(d) and (e), (4) and (6);

(f) regulation 47;

(g) regulation 50;

(h) regulations 51;

(i) regulation 54(10) and (11).

(3) Paragraph (1) shall not apply to a review which is made in consequence only of the amendments made by regulations 44(2), 45, 46(2)(d) and (e) and 51 unless the person to whom the assessment relates notifies the Secretary of State before 18th July 1995 that he wishes a child support officer to consider whether the assessment in his case should be reviewed; but the Secretary of State may accept a later notification for the purposes of this paragraph if he is satisfied that there is good cause for the delay in giving it.

(4) For the purposes of regulation 17(2) (intervals between periodical reviews and notice of a periodical review) and 31 (effective date of maintenance assessments following a review under section 16 to 19 of the Act) of the Maintenance Assessment Procedure Regulations, a review such as is mentioned in paragraph (1) shall be disregarded.

(5) Notwithstanding any provision of regulation 31 of the Maintenance Assessment Procedure Regulations except, in the cases to which they apply, paragraphs (6A) to (6C)(1) the effective date of a maintenance assessment made on such a review as is mentioned in paragraph (1) shall be 18th April 1995.

(6) Where a maintenance assessment is in force on 18th April 1995 and—

(a) the relevant person notifies the Secretary of State on or after 18th July 1995 that he wishes a child support officer to consider the question of whether an amount should be allowed in the computation of the relevant person’s exempt income or protected income in respect of travelling costs or his exempt income in respect of a qualifying transfer of property; and

(b) the Secretary of State is not satisfied that there was good cause for the delay on the part of the relevant person in giving the notification,

the effective date of any assessment made upon a review under section 19 of the Act shall be the first day of the maintenance period in which the Secretary of State is so notified.

(1)

These paragraphs are inserted by regulation 37(4) supra.