The Child Support (Miscellaneous Amendments) Regulations 1995

Amendment of regulation 8 of the Maintenance Assessment Procedure Regulations

5.—(1) Regulation 8 of the Maintenance Assessment Procedure Regulations shall be amended in accordance with the following provisions of this regulation.

(2) At the beginning of paragraph (3), for the words “Where the provisions of regulation 30(2)(a) or (4) apply” there shall be substituted the words “Except where regulation 3(5) of the Maintenance Arrangements and Jurisdiction Regulations (effective date of maintenance assessment where court order in force) or paragraph (3A), (3B), (3C) or (3D) applies”.

(3) After paragraph (3), there shall be inserted the following paragraphs—

“(3A)Subject to paragraph (3D), where a child support officer makes a Category A interim maintenance assessment following a review of a Category A interim maintenance assessment under section 16 of the Act, the effective date of that assessment shall be 52 weeks after the effective date of the previous interim maintenance assessment, disregarding any previous interim maintenance assessment made following a review under section 19 of the Act.

(3B)Subject to paragraph (3D), where a child support officer reviews a Category A interim maintenance assessment under section 19(1) of the Act on the grounds that it is defective because of a mistake as to its effective date or for reasons which include a mistake as to its effective date, the effective date of a Category A interim maintenance assessment made following such a review shall be the correct effective date applicable to the interim maintenance assessment being reviewed, as determined in accordance with paragraph (3), (3A) or regulation 3(5) of the Maintenance Arrangements and Jurisdiction Regulations, as the case may be.

(3C)Subject to paragraph (3D), where a child support officer reviews a Category A interim maintenance assessment under section 19(1) of the Act on the grounds that it is defective for reasons which do not include a mistake as to its effective date, the effective date of a Category A interim maintenance assessment made following such a review shall be the same as the effective date of the interim maintenance assessment that has been reviewed.

(3D)Where the effective date of a Category A interim maintenance assessment made following a review under section 16 or 19(1) of the Act would by virtue of the provisions of paragraphs (3A) to (3C) be earlier than 16th February 1995, the effective date of that assessment shall be 16th February 1995.”.

(4) At the beginning of paragraph (4), for the words “Where a maintenance assessment is made” there shall be substituted the words “In cases where the effective date of an interim maintenance assessment is determined under paragraph (3), (3A), (3B), (3C) or (3D), where a maintenance assessment is made”.