The Child Support (Decisions and Appeals) (Amendment) Regulations 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (S.I. 1999/991) (“the principal Regulations ”). The Regulations provide for the decision-making process under the Child Support Act 1991 (c. 48) (“the Child Support Act”) for child support and related matters, consequent upon the introduction of changes to the child support system made by the Child Support, Pensions and Social Security Act 2000 (c. 19). These Regulations come into force at different times for different cases according to the dates on which provisions of the Child Support, Pensions and Social Security Act 2000 which are relevant to these Regulations are commenced for different types of cases.

Regulation 1 contains provisions relating to citation, commencement and interpretation.

Regulation 2 inserts definitions into the principal Regulations for the purposes of the amendments made by these Regulations.

Regulation 3 amends regulation 2 of the principal Regulations to provide for notices served under the Child Support Act.

Regulation 4 makes a consequential amendment to the principal Regulations.

Regulations 5 and 7 insert regulations into the principal Regulations providing for the revision of child support decisions and when such decisions take effect.

Regulation 6 amends regulation 4 of the principal Regulations.

Regulations 8 and 9 insert regulations into the principal Regulations providing for the supersession of child support decisions, when such decisions take effect and related procedural rules.

Regulation 10 inserts regulations into the principal Regulations which enable the Secretary of State to request further information or evidence and invite representations where he has to make a decision which is connected to a previously determined variation and make provision in respect of notification following decisions made by him.

Regulation 11 amends regulation 30 of the principal Regulations.

Regulation 12 extends appeal rights to decisions adjusting amounts payable under maintenance calculations.

Regulation 13 substitutes a regulation in the principal Regulations providing for the procedure where the Secretary of State has referred an application for a variation to an appeal tribunal under section 28D(1)(b) of the Child Support Act.

Regulation 14 provides for the revocation and savings of regulations 10(2) and (3) and 11 to 17 of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992 (S.I. 1992/1816).

Regulation 15 provides for the saving of regulation 45 of the principal Regulations.

The impact on business of these Regulations was covered in the Regulatory Impact Assessment (RIA) for the Child Support, Pensions and Social Security Act 2000, in accordance with, and in consequence of which, these Regulations are made. A copy of that RIA has been placed in the libraries of both Houses of Parliament and can be obtained from the Department of Social Security, Regulatory Impact Unit, Adelphi, 1–11 John Adam Street, London WC2N 6HT.