The Child Support (Maintenance Calculation Procedure) Regulations 2000

PART VIII REVOCATION, SAVINGS AND TRANSITIONAL PROVISIONS

Revocation and savings

30.—(1) Subject to paragraph (2), the Child Support (Maintenance Assessment Procedure) Regulations 1992(1) shall be revoked with respect to a particular case with effect from the date that these Regulations come into force with respect to that type of case (“the commencement date”).

(2) Subject to regulation 31(2), where before the commencement date in respect of a particular case—

(a) an application was made and not determined for—

(i) a maintenance assessment;

(ii) a departure direction; or

(iii) a revision or supersession of a decision;

(b) the Secretary of State had begun but not completed a revision or supersession of a decision on his own initiative;

(c) any time limit provided for in Regulations for making an application for a revision or a departure direction had not expired; or

(d) any appeal was made but not decided or any time limit for making an appeal had not expired,

the provisions of the Child Support (Maintenance Assessment Procedure) Regulations 1992 shall continue to apply for the purposes of—

(aa) the decision on the application referred to in sub-paragraph (a);

(bb) the revision or supersession referred to in sub-paragraph (b);

(cc) the ability to apply for the revision or the departure direction referred to in sub-paragraph (c) and the decision whether to revise or to give a departure direction following any such application;

(dd) any appeal outstanding or made during the time limit referred to in sub-paragraph (d); or

(ee) any revision, supersession, appeal or application for a departure direction in relation to a decision, ability to apply or appeal referred to in sub-paragraphs (aa) to (dd) above.

(3) Where immediately before the commencement date in respect of a particular case an interim maintenance assessment was in force, the provisions of the Child Support (Maintenance Assessment Procedure) Regulations 1992 shall continue to apply for the purposes of the decision under section 17 of the Act to make a maintenance assessment calculated in accordance with Part I of Schedule 1 to the 1991 Act before its amendment by the 2000 Act and any revision, supersession or appeal in relation to that decision.

(4) Where after the commencement date a maintenance assessment is revised, cancelled or ceases to have effect from a date which is prior to the commencement date, the Child Support (Maintenance Assessment Procedure) Regulations 1992 shall apply for the purposes of that cancellation or cessation.

(5) Where under regulation 28(1) of the Child Support (Transitional Provisions) Regulations 2000(2) an application for a maintenance calculation is treated as an application for a maintenance assessment, the provisions of the Child Support (Maintenance Assessment Procedure) Regulations 1992 shall continue to apply for the purposes of the determination of the application and any revision, supersession or appeal in relation to any such assessment made.

(6) For the purposes of this regulation—

(a) “departure direction”, “maintenance assessment” and “interim maintenance assessment” have the same meaning as in section 54 of the Act before its amendment by the 2000 Act;

(b) “revision or supersession” means a revision or supersession of a decision under section 16 or 17 of the Act before their amendment by the 2000 Act;

(c) “2000 Act” means the Child Support, Pensions and Social Security Act 2000.

Transitional provision—effective dates and reduced benefit decisions

31.—(1) Where a maintenance assessment is in force with respect to a non-resident parent or a parent with care and an application for a maintenance calculation is made to which regulation 29 applies, that regulation shall apply as if references to a maintenance calculation in force were to a maintenance assessment in force.

(2) Where—

(a) the application for a maintenance assessment was made before the date prescribed for the purposes of section 4(10)(a) of the Act; and

(b) the effective date of the maintenance assessment, if it were a maintenance assessment to which the Assessment Procedure Regulations applied (“the assessment effective date”) would be later than the effective date provided for in these Regulations,

the application shall be treated as an application for a maintenance calculation and the effective date of that maintenance calculation shall be the assessment effective date.

(3) Paragraphs (4) to (7) shall apply where, on or before the commencement date, section 6 of the former Act applied to the parent with care.

(4) Where a maintenance assessment was made with an effective date, applying the Assessment Procedure Regulations, or the Maintenance Arrangements and Jurisdiction Regulations, which is before the prescribed date and on or after the commencement date the parent with care notifies the Secretary of State that she is withdrawing her authorisation under subsection (1) of that section, these Regulations shall apply as if the notification were a request not to act under section 6(5) of the Act.

(5) Where a maintenance assessment was not made because section 6(2) of the former Act applied, these Regulations shall apply as if section 6(5) of the Act applied.

(6) Where a maintenance assessment was not made, section 6(2) of the former Act did not apply and a reduced benefit direction was given under section 46(5) of the former Act, these Regulations shall apply as if the reduced benefit direction were a reduced benefit decision made under section 46(5) of the Act, from the same date and with the same effect as the reduced benefit direction.

(7) Where a maintenance assessment was not made, the parent with care failed to comply with a requirement imposed on her under section 6(1) of the former Act and the Secretary of State was in the process of serving a notice or considering reasons given by the parent with care under section 46(2) or (3) of the former Act, these Regulations shall apply as if the Secretary of State was in the process of serving a notice or considering reasons under section 46(2) or (3) of the Act.

(8) For the purposes of this regulation—

(a) “2000 Act” means the Child Support, Pensions and Social Security Act 2000;

“Assessment Procedure Regulations” means the Child Support (Maintenance Assessment Procedure) Regulations 1992(3);

“commencement date” means with respect to a particular case the date these Regulations come into force with respect to that type of case;

“former Act” means the Act before its amendment by the 2000 Act;

“Maintenance Arrangements and Jurisdiction Regulations” means the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992(4);

“maintenance assessment” has the meaning given in the former Act; and

“prescribed date” means the date prescribed for the purposes of section 4(10)(a) of the Act;

(b) references in paragraphs (4) to (7) to sections 6(5), 46(5) and 46(2) and (3) of the Act mean those provisions as substituted by the 2000 Act; and

(c) in the application of the Assessment Procedure Regulations for the purposes of paragraph (4) where, on or after the prescribed date, no maintenance enquiry form, as defined in those Regulations, is given or sent to the absent parent, the Regulations shall be applied as if references in regulation 30—

(i) to the date when the maintenance enquiry form was given or sent to the absent parent were to the date of notification to the non-resident parent;

(ii) to the return by the absent parent of the maintenance enquiry form containing his name, address and written confirmation that he is the parent of the child or children in respect of whom the application was made were to the provision of this information by the non-resident parent; and

(d) in the application of the Maintenance Arrangements and Jurisdiction Regulations for the purposes of paragraph (4), where, on or after the prescribed date no maintenance enquiry form, as defined in the Assessment Procedure Regulations, is given or sent to the absent parent, regulation 3(8) shall be applied as if the reference to the date when the maintenance enquiry form was given or sent were a reference to the date of notification to the non-resident parent.

(1)

S.I. 1992/1813.

(2)

S.I. 2000/3186.

(3)

S.I. 1992/1813.

(4)

S.I. 1992/2645.