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

PART XVI AMENDMENT OF THE CHILD SUPPORT (MISCELLANEOUS AMENDMENTS) REGULATIONS 1998

Amendment of regulation 59 of the Child Support (Miscellaneous Amendments) Regulations 1998

45.  For regulation 59 (transitional provisions) of the Child Support (Miscellaneous Amendments) Regulations 1998(1) there shall be substituted the following regulation—

“59.— (1) A decision with respect to a maintenance assessment in force on the first commencement day shall not be superseded by a decision under section 17 of the Child Support Act 1991 (“the Act”) solely to give effect to regulation 42(2)(d), regulation 50 or regulation 56(2).

(2) The regulations specified in paragraph (1) shall apply to a fresh maintenance assessment made by virtue of—

(a) a revision under section 16 of the Act of a decision with respect to a maintenance assessment; or

(b) a decision under section 17 of the Act which supersedes a decision with respect to a maintenance assessment,

as from whichever is the later of—

(i) the date as from which that revision or, as the case may be, supersession takes effect; or

(ii) the first day of the first maintenance period which begins on or after the first commencement day, as the case may be.

(3) A decision with respect to a maintenance assessment in force on the second commencement day shall not be superseded by a decision under section 17 of the Act solely to give effect to regulations 44, 45, 47, 49, 52, 54, 55 and 56(5).

(4) The regulations specified in paragraph (3) shall apply to a fresh maintenance assessment made by virtue of—

(a) a revision under section 16 of the Act of a decision with respect to a maintenance assessment; or

(b) a decision under section 17 of the Act which supersedes a decision with respect to a maintenance assessment,

as from whichever is the later of—

(i) the date as from which that revision or, as the case may be, supersession takes effect; or

(ii) the first day of the first maintenance period which begins on or after the second commencement day, as the case may be.”.

(1)

S.I. 1998/58.