The Social Security Act 1998 (Commencement No. 7 and Consequential and Transitional Provisions) Order 1999

PART X AMENDMENT OF THE CHILD SUPPORT AND INCOME SUPPORT (AMEND MENT) REGULATIONS 1995

Amendment of regulation 63

37.  In regulation 63 (reviews consequent upon the amendments made by these Regulations)—

(a) in paragraph (1) for the words from the beginning to “result of the review is—” there shall be substituted the following words—

• “Subject to paragraph (3), a decision with respect to a maintenance assessment in force on 13th April 1995 or 18th April 1995 shall not be superseded by a decision under section 17 of the Act if the difference between the amount of child support maintenance currently in force and the amount that would be fixed if the fresh assessment were to be made as a result of a supersession is—”;

(b) in paragraph (3)—

(i) for the words “review which is made” there shall be substituted the words “decision under section 17 of the Child Support Act 1991 which falls to be made”; and

(ii) for the word “notifies” there shall be substituted the word “notified”;

(c) paragraphs (4) and (5) shall be omitted; and

(d) in paragraph (6)—

(i) in sub-paragraph (a), for the words “a child support officer to consider the question” there shall be substituted the words “the question to be considered”; and

(ii) for the words “upon a review under section 19 of the Act” there shall be substituted the words “by virtue of a decision under section 17 of the Act superseding an earlier decision”.

Amendment of regulation 64

38.  In regulation 64 (transitional provisions)—

(a) in paragraph (3), for the words from “a child support officer” to the end there shall be substituted the words “a relevant person applies for a decision under section 17 of the Child Support Act 1991 superseding an earlier decision on the ground that a qualifying transfer of property has been made or that he has travelling costs.”; and

(b) in paragraph (4)—

(i) in sub-paragraph (a), for the words “a review of” there shall be substituted the words “a decision under section 17 of the Child Support Act 1991 superseding a decision with respect to”; and

(ii) for sub-paragraph (b), there shall be substituted the following sub-paragraph—

“(b) a decision under regulation 13 or 16 of the Arrears Regulations is made on an application made by a relevant person.”.