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The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2008

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Amendment of the Maintenance Calculation Procedure Regulations

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5.—(1) Part VII of the Maintenance Calculation Procedure Regulations(1) is amended as follows.

(2) In regulation 25(1), after “29” insert “, 29B”.

(3) In regulation 26(1), for “regulation 28” substitute “regulations 28 and 29B”.

(4) At the beginning of regulation 28, insert “Subject to regulation 29B,”.

(5) At the beginning of regulation 29(1), insert “Subject to regulation 29B,”.

(6) After regulation 29A insert—

“Effective date where there has been a previous maintenance calculation

29B.—(1) This regulation applies where—

(a)a maintenance calculation (“the previous maintenance calculation”) has been in force in relation to the non-resident parent, whether or not in respect of the same parent with care; and

(b)the previous maintenance calculation is no longer in force when the decision as to the maintenance calculation is made.

(2) Where this regulation applies, the effective date of the maintenance calculation shall be—

(a)on, or on one of the 6 days immediately following, the effective date as it would have been but for this regulation; and

(b)on the same day of the week as the day on which the maintenance period in respect of the previous maintenance calculation began.”.

(7) In regulation 31, after paragraph (1C) insert—

“(1D) Where a maintenance assessment has been in force in relation to a non-resident parent, regulation 29B shall apply as if references to a maintenance calculation having been in force were to a maintenance assessment having been in force.”.

(1)

The relevant amending instruments are S.I. 2002/1204, S.I. 2003/328 and S.I. 2006/1520.

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