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The Child Support and Income Support (Amendment) Regulations 1995
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- UK Statutory Instruments
- 1995 No. 1045
- Regulation 63
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Reviews consequent upon the amendments made by these regulationsE+W+S
63.—(1) [F1Subject to paragraph (3), a decision with respect to a maintenance assessment in force on 13th April 1995 or 18th April 1995 shall not be superseded by a decision under section 17 of the Act if the difference between the amount of child support maintenance currently in force and the amount that would be fixed if the fresh assessment were to be made as a result of a supersession is—]
(a)less than £1.00 per week where the amount fixed by the assessment currently in force is more than the amount that would be fixed by the fresh assessment; or
(b)less than £10.00 per week in all other cases.
(2) Paragraph (1) applies to the following provisions—
(a)regulation 28(8);
(b)regulation 43;
(c)regulation 44(2);
(d)regulation 45;
(e)regulation 46(2)(d) and (e), (4) and (6);
(f)regulation 47;
(g)regulation 50;
(h)regulations 51;
(i)regulation 54(10) and (11).
(3) Paragraph (1) shall not apply to a [F2decision under section 17 of the Child Support Act 1991 which falls to be made] in consequence only of the amendments made by regulations 44(2), 45, 46(2)(d) and (e) and 51 unless the person to whom the assessment relates [F3notified] the Secretary of State before 18th July 1995 that he wishes a child support officer to consider whether the assessment in his case should be reviewed; but the Secretary of State may accept a later notification for the purposes of this paragraph if he is satisfied that there is good cause for the delay in giving it.
F4(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Where a maintenance assessment is in force on 18th April 1995 and—
(a)the relevant person notifies the Secretary of State on or after 18th July 1995 that he wishes [F6the question to be considered] of whether an amount should be allowed in the computation of the relevant person’s exempt income or protected income in respect of travelling costs or his exempt income in respect of a qualifying transfer of property; and
(b)the Secretary of State is not satisfied that there was good cause for the delay on the part of the relevant person in giving the notification,
the effective date of any assessment made [F7by virtue of a decision under section 17 of the Act superseding an earlier decision] shall be the first day of the maintenance period in which the Secretary of State is so notified.
Textual Amendments
F1Words in reg. 63(1) substituted (1.6.1999) by S.I. 1999/1510, art. 3(1), 37(a)
F2Words in reg. 63(3) substituted (1.6.1999) by S.I. 1999/1510, art. 3(1), 37(b)(i)
F3Words in reg. 63(3) substituted (1.6.1999) by S.I. 1999/1510, art. 3(1), 37(b)(ii)
F4Reg. 63(4) omitted (1.6.1999) by S.I. 1999/1510, art. 3(1), 37(c)
F5Reg. 63(5) omitted (1.6.1999) by S.I. 1999/1510, art. 3(1), 37(c)
F6Words in reg. 63(6)(a) substituted (1.6.1999) by S.I. 1999/1510, art. 3(1), 37(d)(i)
F7Words in reg. 63(6) substituted (1.6.1999) by S.I. 1999/1510, art. 3(1), 37(d)(ii)
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