The Child Support, Pensions and Social Security Act 2000 (Commencement No.13) Order 2003

Amendment of earlier Order

2.  For article 6 of the Child Support, Pensions and Social Security Act 2000 (Commencement No. 12) Order 2003 (appointed day for section 23, and associated repeal)(1) there shall be substituted the following article:—

“Appointed day for section 23 and associated repeal

6.— (1) The day appointed for the coming into force of the provisions specified in paragraph (2) for the purposes of cases specified in paragraph (3) is—

(a) as respects any case specified in paragraph (3)(a) where, before 3rd March 2003, relevant maintenance is paid or payable—

(i) where 3rd March 2003 is the day on which the maintenance calculation in relation to that case takes effect, 3rd March 2003,

(ii) where the maintenance calculation in relation to that case takes effect on a day later than 3rd March 2003, that later day;

(b) as respects any other case specified in paragraph (3)(a), 3rd March 2003;

(c) as respects any case which is specified in paragraph (3)(b)—

(i) where 3rd March 2003 is the case conversion date in relation to that case, 3rd March 2003,

(ii) where a day later than 3rd March 2003 is the case conversion date in relation to that case, that later day;

(d) as respects any case specified in paragraph (3)(c) which is referred to—

(i) in paragraph (a) of article 4, the day on which the claim for the benefit mentioned in that paragraph is made,

(ii) in paragraph (b) of that article, the day on which the Secretary of State is notified that the authorisation mentioned in sub-paragraph (iii) of that paragraph is withdrawn,

(iii) in paragraph (c) of that article, 3rd March 2003;

(e) as respects any case which is specified in sub-paragraph (d) of paragraph (3), the day on which the maintenance referred to in that sub-paragraph is first paid.

(2) The provisions mentioned in paragraph (1) are—

(a) section 23 (section 10 of the Child Support Act 1995(2) to cease to have effect); and

(b) Part I of Schedule 9 in so far as it relates to the repeal of section 10 of the Child Support Act 1995.

(3) The cases mentioned in paragraph (1) are—

(a) cases referred to in sub-paragraph (a) of article 3(1);

(b) cases referred to in sub-paragraph (b) or (c) of article 3(1);

(c) cases referred to in paragraph (a), (b) or (c) of article 4;

(d) cases to which sub-paragraphs (a) to (c) do not apply where, on or after 3rd March 2003, relevant maintenance is first paid.

(4) For the purposes of sub-paragraph (d) of paragraph (3), a case shall not be regarded as one to which that sub-paragraph does not apply by reason only of the fact that relevant maintenance was paid or payable before 3rd March 2003—

(a) in respect of the care of a different child;

(b) under an earlier agreement; or

(c) by virtue of an earlier order of the court.

(5) In this article—

“case conversion date” means the date which is, by virtue of regulation 15 of the Child Support (Transitional Provisions) Regulations 2000(3), the case conversion date in relation to that case; and

“relevant maintenance” means maintenance, other than child support maintenance, which is paid or payable—

(a)

to a person who has the care of a child in the United Kingdom;

(b)

in respect of the care of the child; and

(c)

under an agreement (whether enforceable or not) between that person and the person by whom the maintenance is payable, or by virtue of an order of the court.”.

(1)

S.I. 2003/192 (C. 11).

(2)

1995 c. 34.

(3)

S.I. 2000/3186, amended by S.I. 2002/1204 and 2003/328 and 347.