The Child Support (Maintenance Assessment Procedure) Regulations 1992

Terminations of maintenance assessments

52.—(1) Where the Secretary of State is satisfied that a question arises as to whether a maintenance assessment has ceased to have effect under the provisions of paragraph 16(1)(a) to (d) of Schedule 1 to the Act, he shall refer that question (a “termination question ”) to a child support officer.

(2) Where a child support officer has made a decision on a termination question (a “termination decision ”) he shall immediately notify the following persons of his decision, so far as that is reasonably practicable—

(a) in a case falling within paragraph 16(1)(a) of Schedule 1 to the Act, the surviving relevant persons;

(b) in a case falling within paragraph 16(1)(b), (c) or (d) of Schedule 1 to the Act, the relevant persons.

(3) Any notification under paragraph (2) shall give the reasons for the termination decision made, include information as to the provisions of section 18 of the Act, and explain the provisions of paragraph (4).

(4) The persons specified in paragraph (2) may apply to the Secretary of State for a review of a termination decision as if it were a case falling within section 18 of the Act and, subject to the modifications set out in paragraph (5), section 18(5) to (9) and (11) of the Act shall apply to such a review.

(5) The modifications referred to in paragraph (4) are—

(a) section 18(6) of the Act shall have effect as if for “the refusal, assessment or cancellation ” there is substituted “the termination decision ”;

(b) section 18(9) of the Act shall have effect as if for “a maintenance assessment or (as the case may be) a fresh maintenance assessment ” there is substituted “a different termination decision”.

(6) The provisions of regulation 24 as to time limits for an application for a review of a decision by a child support officer shall apply to reviews under paragraph (4).

(7) Where a child support officer has completed a review of a termination decision he shall immediately notify the persons specified in paragraph (2), so far as that is reasonably practicable, of the review decision, give the reasons for that decision in writing, and notify them of the provisions of section 20 of the Act.

(8) Where a case falls within regulation 19 of the Maintenance Assessments and Special Cases Regulations and both absent parents have made an application for a maintenance assessment under section 4 of the Act, the Secretary of State shall be under the duty imposed by section 4(6) of the Act only if both absent parents have, under section 4(5) of the Act, requested the Secretary of State to cease acting under section 4 of the Act.