The Child Support (Consequential and Miscellaneous Amendments) Regulations 2014

Amendments to the Child Support Maintenance Calculation Regulations 2012 U.K.

7.—(1) The Child Support Maintenance Calculation Regulations 2012 M1 are amended as follows.

(2) In regulation 11 (notice of application)—

(a) in paragraph (1)—

(i) after “Act” insert “ , and the requirements in paragraph (3) are satisfied, ”,

(ii) omit “, as soon as reasonably practicable,”;

(b) in paragraph (2), after “parent” insert “ (as ascertained and verified in accordance with paragraph (3)(a)) ”;

(c) after paragraph (2) insert—

“(3) The requirements referred to in paragraph (1) are—

(a) the address of the non-resident parent in relation to the application has been ascertained and verified; and

(b) any application fee payable under regulation 3(1) (the application fee) of the Child Support Fees Regulations 2014 has been paid or waived in accordance with those Regulations.

(4) Except where paragraph (5) or (6) applies to an application, notice must be given as soon as is reasonably practicable.

(5) Where—

(a) there is an existing case related to the application; or

(b) the applicant—

(i) has been required to choose in an existing case whether or not to stay in the statutory scheme (under Schedule 5 (maintenance calculations: transfer of cases to new rules) to the 2008 Act M2 ), as a result of that applicant's existing case being related to an application made under section 4(1) or 7(1) of the 1991 Act, and

(ii) has chosen, by way of the application, to remain in the statutory scheme,

notice must be given as soon as is reasonable.

(6) Subject to paragraph (8), where the applicant—

(a) has been required to choose in an existing case whether or not to stay in the statutory scheme (under Schedule 5 to the 2008 Act), in circumstances where the existing case is not related to an application made under section 4(1) or 7(1) of the 1991 Act; and

(b) has chosen, by way of the application, to remain in the statutory scheme,

notice must be given in accordance with paragraph (7).

(7) Where paragraph (6) applies, notice must be given—

(a) where the application is made and the requirements in paragraph (3) are satisfied before the day 39 days before the liability end date (which means the date determined in accordance with regulation 6 (liability end date) of the Ending Liability Regulations) in relation to the existing case has passed, as soon as is reasonable once that day has passed; or

(b) where the application is made and the requirements in paragraph (3) are satisfied after the day 39 days before the liability end date has passed, as soon as is reasonable.

(8) Where an application to which paragraph (6) applies becomes an application to which paragraph (5) applies (because it becomes an existing case related to an application), paragraph (6) ceases to apply to that application.

(9) For the purposes of paragraphs (5) to (8) and this paragraph—

(a) “the 2008 Act” means the Child Maintenance and Other Payments Act 2008 M3 ;

(b) “existing case” has the meaning given in paragraph 1(2) of Schedule 5 to the 2008 Act;

(c) “the Ending Liability Regulations” means the Child Support (Ending Liability in Existing Cases and Transition to New Calculation Rules) Regulations 2014 M4 ;

(d) an existing case is related to an application if—

(i) the non-resident parent in relation to that application is also the non-resident parent in relation to the existing case and the person with care in relation to that application is not the person with care in relation to the existing case, or

(ii) the non-resident parent in relation to that application is a partner of a non-resident parent in relation to the existing case and either or both are in receipt of a benefit prescribed by regulations made under paragraph 4(1)(c) (flat rate) of Schedule 1 to the 1991 Act M5 .”.

(3) In regulation 12 (initial effective date)—

(a) regulation 12 becomes paragraph (1) of that regulation;

(b) in paragraph (1), for “on which notice is” substitute “ provided as the initial effective date in the notice ” and for “in accordance with” substitute “ under ”;

(c) after paragraph (1) insert—

“(2) The non-resident parent must be notified of the initial effective date—

(a) by written notice posted to the last known address of the non-resident parent at least two days prior to the initial effective date; or

(b) by telephone on or before the initial effective date and by written notice sent by post to the last known address of the non-resident parent.”.

(4) In regulation 14 (grounds for revision), after paragraph (3) insert—

“(3A) Where—

(a) the Secretary of State makes a decision and there is an appeal;

(b) there is a further decision in relation to the appellant (“decision B”) after the appeal but before the appeal results in a decision by the First-tier Tribunal (“decision C”); and

(c) the Secretary of State would have made decision B differently if aware of decision C at the time of making decision B,

decision B may be revised at any time.”.

Marginal Citations

M1 S.I. 2012/2677, to which there are amendments not relevant to these Regulations.

M2 Schedule 5 was amended by section 6 of the Welfare Reform Act 2012 (c.5).

M3 2008 c. 6.

M4 S.I. 2014/614.

M5 The substitution of Part 1 of Schedule 1 to the Child Support Act 1991 (c. 48) by section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act 2000 (c.19) was partially commenced for the types of cases specified in article 3 of S.I. 2003/192.