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The Child Support (Maintenance Assessment Procedure) Regulations 1992

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This is the original version (as it was originally made).

Intervals between periodical reviews and notice of a periodical review

17.—(1) Subject to regulation 18(1), a maintenance assessment that has been in force for a period of 52 weeks shall be reviewed by a child support officer under section 16 of the Act.

(2) Where a review under section 17 of the Act results in a fresh maintenance assessment, the next review under the provisions of paragraph (1) shall be conducted when that fresh assessment has been in force for a period of 52 weeks.

(3) A child support officer may decide not to conduct a review under paragraph (1) if a fresh maintenance assessment following such a review would cease to have effect within 28 days of the effective date of that fresh assessment.

(4) Before a child support officer conducts a review under section 16 of the Act, he shall give 14 days' notice of the proposed review to the relevant persons.

(5) Subject to paragraphs (6) and (7), a child support officer shall request every person to whom he is giving notice under paragraph (4) to provide, within 14 days, and in accordance with the provisions of regulations 2 and 3 of the Information, Evidence and Disclosure Regulations such information or evidence as to his current circumstances as may be specified.

(6) The provisions of paragraph (5) shall not apply in relation to any person to whom or in respect of whom income support is payable or to a person with care where income support is payable to or in respect of the absent parent.

(7) The provisions of paragraph (5) shall not apply in relation to a relevant person where—

(a)a case is prescribed in regulation 22 or 23 of the Maintenance Assessments and Special Cases Regulations as a case to be treated as a special case for the purposes of the Act;

(b)there has been a review under section 16 or 17 of the Act in relation to another maintenance assessment in force relating to that person;

(c)the child support officer concerned has notified that person of the assessments following that review not earlier than 13 weeks prior to the date a review under section 16 of the Act is due under paragraph (1); and

(d)the child support officer has no reason to believe that there has been a change in that person’s circumstances.

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