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The Child Maintenance and Other Payments Act 2008 (Commencement No. 3 and Transitional and Savings Provisions) Order 2008

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Transitional and savings provisions

4.  (1)  Any existing case, as defined in paragraph (2), is to be treated from the relevant date as though the person with care had made an application under section 4 of the 1991 Act.

(2) In paragraph (1) an existing case is one in which, immediately before 14th July 2008, section 6 of the 1991 Act applied in relation to a parent with care and—

(a)a maintenance calculation or assessment was in force as a result of the Secretary of State acting under that section; or

(b)no maintenance calculation or assessment had been made but the Secretary of State had given notice in accordance with regulation 5 of the Child Support (Maintenance Calculation Procedure) Regulations 2000(1) or regulation 5 of the Child Support (Maintenance Assessment Procedure) Regulations 1992(2).

(3) Paragraph (1) is not to apply in any case where the maintenance assessment or calculation ceases to have effect, or would have ceased to have effect had it been made, before the relevant date.

(4) The repeal of section 6 of the 1991 Act is not to prevent the Secretary of State from exercising any powers that he would have otherwise had under section 41 of the 1991 Act to recover and retain arrears of child support maintenance accrued in relation to any period before the relevant date.

(2)

S.I. 1992/1813, amended by S.I. 1993/913; there are other amending instruments but none is relevant.

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