SCHEDULES

SCHEDULE 1MAINTENANCE ASSESSMENTS

PART IIGENERAL PROVISIONS ABOUT MAINTENANCE [F72ASSESSMENTS] F73CALCULATIONS

Annotations:
Amendments (Textual)
F72

Word in Sch. 1 Pt. II heading substituted (3.3.2003 for certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(2)(b), 68(2); S.R. 2003/53, art. 3(1), Sch.

F73

Word in Sch. 1 Pt. II heading substituted (3.3.2003 for certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(2)(b), 68(2); S.R. 2003/53, art. 3(1), Sch.

Termination of [F70assessments] F71calculations

Annotations:
Amendments (Textual)
F70

Word in Sch. 1 para. 16 heading substituted (3.3.2003 for certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(2)(b), 68(2); S.R. 2003/53, art. 3(1), Sch.

F71

Word in Sch. 1 para. 16 heading substituted (3.3.2003 for certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(2)(b), 68(2); S.R. 2003/53, art. 3(1), Sch.

16

1

A[F1maintenance assessment] F2maintenance calculation shall cease to have effect—

a

on the death of the [F3absent parent] F4non-resident parent, or of the person with care, with respect to whom it was made;

b

on there no longer being any qualifying child with respect to whom it would have effect;

c

on the [F5absent parent] F6non-resident parent with respect to whom it was made ceasing to be a parent of—

i

the qualifying child with respect to whom it was made; or

ii

where it was made with respect to more than one qualifying child, all of the qualifying children with respect to whom it was made;

d

F7where the [F8absent parent] F9non-resident parent and the person with care with respect to whom it was made have been living together for a continuous period of six months;

e

F10where a new [F11maintenance assessment] F12maintenance calculation is made with respect to any qualifying child with respect to whom the [F13assessment] F14calculation in question was in force immediately before the making of the new [F15assessment] F16calculation.

F172

F18A [F19maintenance assessment] F20maintenance calculation made in response to an application under Article 7 shall be cancelled by the Department if the person on whose application the [F21assessment] F22calculation was made asks the Department to do so.

3

F23A [F24maintenance assessment] F25maintenance calculation made in response to an application under Article 9 shall be cancelled by the Department if—

a

the person on whose application the [F26assessment] F27calculation was made ( “the applicant”) asks it to do so; and

b

the Department is satisfied that the applicant has ceased to fall within paragraph (1) of that Article.

4

F28Where the Department is satisfied that the person with care with respect to whom a [F29maintenance assessment] F30maintenance calculation was made has ceased to be a person with care in relation to the qualifying child, or any of the qualifying children, with respect to whom the [F31assessment] F32calculation was made, the Department may cancel the [F33assessment] F34calculation with effect from the date on which, in its opinion, the change of circumstances took place.

5

F35A [F36maintenance assessment] F37maintenance calculation may be cancelled by the Department if it is proposing to make a decision under Article 18 or 19 and it appears to the Department—

a

that the person with care with respect to whom the[F38maintenance assessment] F39maintenance calculation in question was made has failed to provide the Department with sufficient information to enable it to make the decision; and

b

where the [F40maintenance assessment] F41maintenance calculation in question was made in response to an application under Article 9, that the person with care with respect to whom the [F42assessment] F43calculation was made has ceased to fall within paragraph (1) of that Article.

6

F44Where—

a

at any time a [F45maintenance assessment] F46maintenance calculation is in force but the Department would no longer have jurisdiction to make it if it were to be applied for at that time; and

b

the [F47assessment] F48calculation has not been cancelled, or has not ceased to have effect under any other provision made by or under this Order,

it shall be taken to have continuing effect unless cancelled by the Department in accordance with such prescribed provision (including provision as to the effective date of cancellation) as the Department considers it appropriate to make.

7

F49Where both the [F50absent parent] F51non-resident parent and the person with care with respect to whom a [F52maintenance assessment] F53maintenance calculation was made request the Department to cancel the [F54assessment] F55calculation, the Department may do so if it is satisfied that they are living together.

8

F56Any cancellation of a [F57maintenance assessment] F58maintenance calculation under sub-paragraph (5), (6) or (7) shall have effect from such date as may be determined by the Department.

9

F59Where the Department cancels a [F60maintenance assessment] F61maintenance calculation , it shall immediately notify the [F62absent parent] F63non-resident parent and person with care, so far as that is reasonably practicable.

10

F64Any notice under sub-paragraph (9) shall specify the date with effect from which the cancellation took effect.

11

A person with care with respect to whom a [F65maintenance assessment] F66maintenance calculation is in force shall provide the Department with such information, in such circumstances, as may be prescribed, with a view to assisting the Department in determining whether the [F67assessment] F68calculation has ceased to have effectF69, or should be cancelled.

12

The Department may by regulations make such supplemental, incidental or transitional provision as it thinks necessary or expedient in consequence of the provisions of this paragraph.