The Child Support (Maintenance Assessment Procedure) Regulations 1992

Cancellation of an interim maintenance assessment

9.—(1) An absent parent with respect to whom an interim maintenance assessment is in force may apply to a child support officer for that interim assessment to be cancelled.

(2) Any application made under paragraph (1) shall be in writing, and shall include a statement of the grounds for the application.

(3) A child support officer who receives an application under the provisions of paragraph (1), shall—

(a) decide whether the interim maintenance assessment is to be cancelled and, if so, the date with effect from which it is to be cancelled;

(b) in any case where he does cancel an interim maintenance assessment, decide whether it is appropriate for a maintenance assessment to be made in accordance with the provisions of Part I of Schedule 1 to the Act;

(c) in any case where he has decided that it is appropriate for a maintenance assessment to be made in accordance with the provisions of Part I of Schedule 1 to the Act, make that assessment.

(4) Where a child support officer has made a decision under paragraph (3), he shall immediately notify the applicant, so far as that is reasonably practicable, and shall give the reasons for his decision in writing.

(5) A notification under paragraph (4) shall include information as to the provisions of sections 18 and 20 of the Act and regulation 24(1) and, where an assessment is made in accordance with the provisions of Part I of Schedule 1 to the Act, the provisions of sections 16 and 17 of the Act.

(6) Where a child support officer has made a decision following an application under paragraph (1), the absent parent may apply to the Secretary of State for a review of that decision and, subject to the modification set out in paragraph (7), the provisions of section 18(5) to (8) of the Act shall apply to such a review.

(7) The modification referred to in paragraph (6) is that section 18(6) of the Act shall have effect as if for “the refusal, assessment or cancellation in question ” there is substituted “the decision following an application under regulation 9(1) of the Child Support (Maintenance Assessment Procedure) Regulations 1992 ”.

(8) Regulations 10, 11 and 25 shall apply to reviews under paragraph (6).