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The Child Support, Pensions and Social Security Act 2000 (Commencement No. 12) Order 2003

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Appointed day for sections 3 and 19E+W+S

4.  3rd March 2003 is the day appointed for the coming into force of sections 3 and 19, in so far as those provisions are not already in force, for the purpose of the following cases—

(a)where, on or after 3rd March 2003, income support, an income-based jobseeker’s allowance or any other benefit prescribed for the purposes of section 6 of the 1991 Act as substituted by section 3 is claimed by or in respect of, or paid to or in respect of, the parent of a qualifying child who is also the person with care of the child, and when the claim is made—

(i)there is no maintenance assessment or maintenance calculation in force in respect of that parent, and

(ii)there has been no maintenance assessment in force during the previous 8 weeks in respect of that child;

(b)where—

(i)before 3rd March 2003, section 6(1) of the 1991 Act, before its substitution by the Act, applied to the parent with care,

(ii)a maintenance assessment has been made with an effective date which is before 3rd March 2003, and

(iii)on or after 3rd March 2003 the parent with care withdraws her authorisation under that section 6(1) at a date when she continues to fall within that section 6(1);

(c)where, immediately before 3rd March 2003, subsection (1) of section 6 of the 1991 Act, before its substitution by the Act, applied to the parent with care, and a maintenance assessment has not been made because—

(i)the Secretary of State was in the process of considering whether the parent with care should be required to give the authorisation referred to in that subsection;

(ii)subsection (2) of that section applied;

(iii)subsection (2) of that section did not apply and a reduced benefit direction was given under section 46(5) of the 1991 Act before its substitution by the Act; or

(iv)the parent with care failed to comply with a requirement imposed on her under subsection (1) of that section 6 and the Secretary of State was in the process of serving a notice or considering reasons given by the parent with care under section 46(2) or (3) of the 1991 Act before its substitution by the Act.

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