The Child Support and Income Support (Amendment) Regulations 1995

Transitional Provisions

64.—(1) Where a maintenance assessment, other than an interim maintenance assessment, is in force on 18th April 1995 or on that date there is in force a decision of a child support officer under section 43 of the Act (contribution to maintenance by deduction from benefit) and that decision or the amount of child support payable under that assessment would be affected by the provisions of these Regulations, only the provisions mentioned in paragraph (2) and (3) shall apply to that assessment until that assessment is reviewed under Section 16, 17 or 18 of the Act.

(2) The provisions of these Regulations to which paragraph (1) refers are—

(a) regulation 34;

(b) regulation 43;

(c) regulation 46(6);

(d) regulation 47;

(e) regulation 50;

(f) regulation 54(10) and (11);

(g) regulation 59.

(3) The provisions of regulations 44(2), 45, 46(2)(d) and (e) and 51 and Schedules 1 and 2 to these Regulations shall not apply in a case where there is a maintenance assessment in force on the 18th April 1995 until a child support officer considers the question whether that assessment should be reviewed under section 19 of the Act as a result of the relevant person having notified the Secretary of State that he wishes a child support officer to consider that question because of the making of a qualifying transfer of property or because he has travelling costs.

(4) Where on 18th April 1995 in any particular case there is in force a maintenance assessment which is subject to an adjustment made under the provisions of regulation 10 of the Arrears Regulations as in force prior to that date that adjustment shall continue until whichever is the earlier of—

(a) a review of that assessment on grounds other than the coming into force of these Regulations; or

(b) a decision made by a child support officer on a request by a relevant person for reconsideration of that adjustment.

(5) Regulations 12 and 13 shall not apply to a case in which there is an existing assessment until the Secretary of State first reviews the period by reference to which payments are to be made after these Regulations come into force.