The Child Support (Maintenance Assessment Procedure) Regulations 1992

1. Introductory Text

2. PART I GENERAL

   1. 1. Citation, commencement and interpretation

3. PART II APPLICATIONS FOR A MAINTENANCE ASSESSMENT

   1. 2. Applications under section 4 ... or 7 of the Act

   2. 3. Applications on the termination of a maintenance assessment

   3. 4. Multiple applications

   4. 5. Notice to other persons of an application for a maintenance assessment

   5. 6. Response to notification of an application for a maintenance assessment

   6. 7. Death of a qualifying child

4. PART III INTERIM MAINTENANCE ASSESSMENTS

   1. 8. Categories of interim maintenance assessment

   2. 8A. Amount of an interim maintenance assessment

   3. 8B. Review of an interim maintenance assessment

   4. 8C. Effective date of an interim maintenance assessment

   5. 8D. Miscellaneous provisions in relation to interim maintenance assessments

   6. 9. Interim maintenance assessments which follow other interim maintenance assessments

5. PART IV NOTIFICATIONS FOLLOWING CERTAIN DECISIONS BY CHILD SUPPORT OFFICERS

   1. 10. Notification of a new or a fresh maintenance assessment

   2. 10A. Notification of increase or reduction in the amount of a maintenance assessment

   3. 11. Notification of a refusal to conduct a review

   4. 12. Notification of a refusal to make a new or a fresh maintenance assessment

   5. 13. Notification of a refusal to cancel a maintenance assessment

   6. 14. Notification of a cancellation of a maintenance assessment

   7. 15. Notification of a refusal to reinstate a cancelled maintenance assessment

   8. 15A. Notification of reinstatement of a maintenance assessment

   9. 16. Notification when an applicant under section 7 of the Act ceases to be a child

   10. 16A. Notification that an appeal has lapsed

6. PART V Revisions and Supersessions

   1. 17. Revision of decisions

   2. 17A. Consideration of revision before appeal

   3. 18. Late applications for a revision

   4. 19. Date from which revised decision takes effect

   5. 20. Supersession of decisions

   6. 21. Circumstances in which a decision may not be superseded

   7. 22. Special cases and circumstances for which regulation 21 is modified

   8. 23. Date from which a decision is superseded

   9. 24. Procedure where the Secretary of State proposes to supersede a decision on his own initiative

7. Part VI REVIEWS ON A CHANGE OF CIRCUMSTANCES

   1. REVIEWS ON A CHANGE OF CIRCUMSTANCES

8. Part VII REVIEWS OF A DECISION BY A CHILD SUPPORT OFFICER

   1. 25. Notice of a review of a decision by a child support officer

   2. 26. Procedure on a review of a decision by a child support officer

   3. 27. Review following an application under section 18(1)(b) of the Act

   4. 28. Reviews conducted under section 19 of the Act as if a review under section 18(1)(b) of the Act had been applied for

   5. 29. Extension of provisions of section 18(2) of the Act...

9. PART VIII COMMENCEMENT AND TERMINATION OF MAINTENANCE ASSESS-MENTS AND MAINTENANCE PERIODS

   1. 30. Effective dates of new maintenance assessments

   2. 30A. Effective dates of new maintenance assessments in particular cases

   3. 31. Effective dates of maintenance assessments following a review under sections 16 to 19 of the Act

   4. 31A. Effective dates of maintenance assessments following a review under section 18 of the Act

   5. 31B. Effective dates of maintenance assessments following a review under section 19 of the Act

   6. 31C. Provisions as to effective dates of maintenance assessments in specific cases

   7. 32. Cancellation of a maintenance assessment

   8. 32A. Cancellation of maintenance assessments made under section 7 of the Act where the child is no longer habitually resident in Scotland

   9. 32B. Notification of intention to cancel a maintenance assessment under paragraph 16(4A) of Schedule 1 to the Act

   10. 33. Maintenance periods

10. PART IX REDUCED BENEFIT DIRECTIONS

    1. 34. Prescription of disability working allowance for the purposes of section 6 of the Act

    2. 35. Periods for compliance with obligations imposed by section 6 of the Act

    3. 36. Amount of and period of reduction of relevant benefit under a reduced benefit direction

    4. 37. Modification of reduction under a reduced benefit direction to preserve minimum entitlement to relevant benefit

    5. 38. Suspension of a reduced benefit direction when relevant benefit ceases to be payable

    6. 39. Reduced benefit direction where family credit or disability working allowance is payable and income support becomes payable

    7. 40. Suspension of a reduced benefit direction when a modified applicable amount is payable

    8. 41. Termination of a reduced benefit direction following compliance with obligations imposed by section 6 of the Act

    9. 42. Review of a reduced benefit direction

    10. 43. Termination of a reduced benefit direction where a maintenance assessment is made following an application by a child under section 7 of the Act

    11. 44. Termination of a reduced benefit direction where a maintenance assessment is made following an absent parent under section 4 of the Act

    12. 45. Date from which a reduced benefit direction ceases to be in force following a termination under regulation 43 or 44

    13. 46. Cancellation of a reduced benefit direction in cases of error

    14. 47. Reduced benefit directions where there is an additional qualifying child

    15. 48. Suspension and termination of a reduced benefit direction where the sole qualifying child ceases to be a child or where the parent concerned ceases to be a person with care

    16. 49. Notice of termination of a reduced benefit direction

    17. 50. Rounding provisions

11. PART X MISCELLANEOUS PROVISIONS

    1. 51. Persons who are not persons with care

    2. 52. Terminations of maintenance assessments

    3. 53. Authorisation of representative

    4. 53A. Correction of accidental errors

    5. 54. Correction of accidental errors in decisions

    6. 55. Setting aside of decisions on certain grounds

    7. 56. Provisions common to regulations 54 and 55

    8. 57. Action by the Secretary of State on receipt of an application under section 17 or 18 of the Act where a question as to the entitlement to benefit arises

12. Signature

13. 1. SCHEDULE 1

       MEANING OF “CHILD” FOR THE PURPOSES OF THE ACT

       1. 1. Conditions prescribed for the purposes of section 55(1)

       2. 1A. Period for which a person is to be treated as continuing to fall within section 55(1) of the Act

       3. 2. Meaning of “advanced education” for the purposes of section 55 of the Act

       4. 3. Circumstances in which education is to be treated as full-time education

       5. 4. Interruption of full-time education

       6. 5. Circumstances in which a person who has ceased to receive full-time education is to be treated as continuing to fall within section 55(1) of the Act

       7. 6. Interpretation

       8. 7. Education otherwise than at a recognised educational establishment

       9. 8. Person in respect of whom child benefit is payable

    2. SCHEDULE 2

       MULTIPLE APPLICATIONS

       1. 1. No maintenance assessment in force: more than one application for a maintenance assessment by the same person under section 4 or 6 or under sections 4 and 6 of the Act

       2. 2. No maintenance assessment in force: more than one application by a child under section 7 of the Act

       3. 3. No maintenance assessment in force: applications by different persons for a maintenance assessment

       4. 4. Maintenance assessment in force: subsequent application for a maintenance assessment with respect to the same persons

       5. 5. Maintenance assessment in force: subsequent application for a maintenance assessment under section 6 of the Act

       6. 6. Maintenance assessment in force: subsequent application for a maintenance assessment in respect of additional children

14. Explanatory Note