2. After regulation 8 of the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992(1) (maintenance assessments and maintenance orders made in error), insert—
8A. Where—
(a)a maintenance calculation has been made with respect to a qualifying child in response to an application made under section 4 or 7 of the Act(2);
(b)at the time that maintenance calculation was made a maintenance order was in force with respect to that child;
(c)the maintenance order has ceased to have effect by virtue of the provisions of regulation 3(3); and
(d)the non-resident parent has made payments of maintenance due under that order after the date on which the maintenance calculation took effect in accordance with regulation 26 of the Maintenance Calculation Procedure Regulations(4),
the payments made under the maintenance order shall be treated as payments of child support maintenance.”.
Sections 4 and 7 were amended by section 18 of the Child Support Act 1995, respectively by paragraphs 19 and 21 of Schedule 7 to the Social Security Act 1998 and by section 1(2) of, and paragraph 11 of Schedule 3 to, the 2000 Act. Section 4 was amended by section 2(2) and (3) of the 2000 Act.
Regulation 3 was amended by S.I. 1995/1045, S.I. 1999/1510 (C.43) and S.I. 2001/161.
Regulation 26 was amended by S.I. 2002/1204.