SCHEDULES
SCHEDULE 5

Maintenance calculations: transfer of cases to new rules

Power to require a decision about whether to stay in the statutory scheme
1
1
The Secretary of State may require the interested parties in relation to an existing case to choose whether or not to stay in the statutory scheme, so far as future accrual of liability is concerned.
2
The reference in sub-paragraph (1) to an existing case is to any of the following—
a
a maintenance assessment,
b
an application for a maintenance assessment,
c
a maintenance calculation made under existing rules, and
d
an application for a maintenance calculation which will fall to be made under existing rules.
3
For the purposes of this paragraph, a maintenance calculation is made (or will fall to be made) under existing rules if the amount of the periodical payments required to be paid in accordance with it is (or will be) determined otherwise than in accordance with Part 1 of Schedule 1 to the Child Support Act 1991 (c. 48) as amended by this Act.
2
1
The Secretary of State may by regulations make provision about the exercise of the power under paragraph 1(1).
2
Regulations under sub-paragraph (1) may, in particular—
a
make provision about timing in relation to exercise of the power;
b
make provision for exercise of the power in stages;
c
specify principles for determining the order in which particular cases are to be dealt with under the power;
d
make provision about procedure in relation to exercise of the power;
e
make provision for exercise of the power in accordance with a scheme prepared by the Secretary of State . . . .
3
1
The Secretary of State shall by regulations make such provision as he thinks fit about exercise of the right to make a choice required under paragraph 1(1).
2
Regulations under sub-paragraph (1) shall, in particular—
a
make provision about the time within which the choice must be made;
b
make provision for a choice to stay in the statutory scheme to be made by means of an application to the Secretary of State for a maintenance calculation;
c
make provision about the form and content of any application required by provision under paragraph (b).
3
The Commission may before accepting an application required by provision under sub-paragraph (2)(b) invite the applicant to consider with the Commission whether it is possible to make a maintenance agreement (within the meaning of section 9 of the Child Support Act 1991).
4
If, in a particular case, any of the interested parties chooses not to stay in the statutory scheme, that person's choice shall be disregarded if any of the other interested parties chooses to stay in the statutory scheme.
Words in Sch. 5 para. 1(1) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 3(2), Sch. para. 96(2)
Words in Sch. 5 para. 2(2)(e) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 3(2), Sch. para. 96(3)(a)
Words in Sch. 5 para. 2(2)(e) omitted (1.8.2012) by virtue of The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 3(2), Sch. para. 96(3)(b)
Words in Sch. 5 para. 3(2)(b) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 3(2), Sch. para. 96(4)
Sch. 5 para. 3(3) inserted (25.11.2013) by Welfare Reform Act 2012 (c. 5), ss. 136(2), 150(3); S.I. 2013/2947, art. 6
Sch. 5 para. 2 in force at 9.3.2014 for specified purposes by S.I. 2014/576, art. 2(b)
Sch. 5 para. 3 in force at 9.3.2014 for specified purposes by S.I. 2014/576, art. 2(b)
Sch. 5 para. 1 in force at 30.6.2014 by S.I. 2014/1635, art. 2 (with art. 3)
Sch. 5 para. 2 in force at 30.6.2014 in so far as not already in force by S.I. 2014/1635, art. 2 (with art. 3)
Sch. 5 para. 3 in force at 30.6.2014 in so far as not already in force by S.I. 2014/1635, art. 2 (with art. 3)
Sch. 5 para. 4 in force at 30.6.2014 by S.I. 2014/1635, art. 2 (with art. 3)