Citation

1.  This Order may be cited as the Child Support, Pensions and Social Security Act 2000 (Commencement No.13) Order 2003.

Amendment of earlier Order

2.  For article 6 of the Child Support, Pensions and Social Security Act 2000 (Commencement No. 12) Order 2003 (appointed day for section 23, and associated repeal)(2) there shall be substituted the following article:—

“Appointed day for section 23 and associated repeal

6.—(1) The day appointed for the coming into force of the provisions specified in paragraph (2) for the purposes of cases specified in paragraph (3) is—

(a)as respects any case specified in paragraph (3)(a) where, before 3rd March 2003, relevant maintenance is paid or payable—

(i)where 3rd March 2003 is the day on which the maintenance calculation in relation to that case takes effect, 3rd March 2003,

(ii)where the maintenance calculation in relation to that case takes effect on a day later than 3rd March 2003, that later day;

(b)as respects any other case specified in paragraph (3)(a), 3rd March 2003;

(c)as respects any case which is specified in paragraph (3)(b)—

(i)where 3rd March 2003 is the case conversion date in relation to that case, 3rd March 2003,

(ii)where a day later than 3rd March 2003 is the case conversion date in relation to that case, that later day;

(d)as respects any case specified in paragraph (3)(c) which is referred to—

(i)in paragraph (a) of article 4, the day on which the claim for the benefit mentioned in that paragraph is made,

(ii)in paragraph (b) of that article, the day on which the Secretary of State is notified that the authorisation mentioned in sub-paragraph (iii) of that paragraph is withdrawn,

(iii)in paragraph (c) of that article, 3rd March 2003;

(e)as respects any case which is specified in sub-paragraph (d) of paragraph (3), the day on which the maintenance referred to in that sub-paragraph is first paid.

(2) The provisions mentioned in paragraph (1) are—

(a)section 23 (section 10 of the Child Support Act 1995(3) to cease to have effect); and

(b)Part I of Schedule 9 in so far as it relates to the repeal of section 10 of the Child Support Act 1995.

(3) The cases mentioned in paragraph (1) are—

(a)cases referred to in sub-paragraph (a) of article 3(1);

(b)cases referred to in sub-paragraph (b) or (c) of article 3(1);

(c)cases referred to in paragraph (a), (b) or (c) of article 4;

(d)cases to which sub-paragraphs (a) to (c) do not apply where, on or after 3rd March 2003, relevant maintenance is first paid.

(4) For the purposes of sub-paragraph (d) of paragraph (3), a case shall not be regarded as one to which that sub-paragraph does not apply by reason only of the fact that relevant maintenance was paid or payable before 3rd March 2003—

(a)in respect of the care of a different child;

(b)under an earlier agreement; or

(c)by virtue of an earlier order of the court.

(5) In this article—

“case conversion date” means the date which is, by virtue of regulation 15 of the Child Support (Transitional Provisions) Regulations 2000(4), the case conversion date in relation to that case; and

“relevant maintenance” means maintenance, other than child support maintenance, which is paid or payable—

Explanatory Note

(This note is not part of the Order)

This Order makes further provision as to the coming into force of Part I of the Child Support, Pensions and Social Security Act 2000 (c. 19) (“the Act”).

In particular, this Order amends the provision made in an earlier Order as to the day appointed for the coming into force of section 23 of the Act (which provides for section 10 of the Child Support Act 1995 to cease to have effect) and the associated repeal of that section 10 for the purposes of different categories of cases where child support and other forms of maintenance have been, or become, payable in respect of a child.

This Order does not impose any new costs on business.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Child Support, Pensions and Social Security Act 2000 have been brought into force by the Child Support, Pensions and Social Security Act 2000 (Commencement No.1) Order 2000 (S.I.2000/2666 (C.74)), the Child Support, Pensions and Social Security Act 2000 (Commencement No.2) Order 2000 (S.I.2000/2950 (C.87))(5), the Child Support, Pensions and Social Security Act 2000 (Commencement No.3) Order 2000 (S.I.2000/2994 (C.94)), the Child Support, Pensions and Social Security Act 2000 (Commencement No.4) Order 2000 (S.I.2000/3166 (C.101))(6), the Child Support, Pensions and Social Security Act 2000 (Commencement No.5) Order 2000 (S.I.2000/3354 (C.112)), the Child Support, Pensions and Social Security Act 2000 (Commencement No.6) Order 2001 (S.I.2001/153 (C.8)), the Child Support, Pensions and Social Security Act 2000 (Commencement No.7) Order 2001 (S.I.2001/774 (C.28)), the Child Support, Pensions and Social Security Act 2000 (Commencement No.8) Order 2001 (S.I.2001/1252 (C.45)), the Child Support, Pensions and Social Security Act 2000 (Commencement No.9) Order 2001 (S.I.2001/2295 (C.76))(7), the Child Support, Pensions and Social Security Act 2000 (Commencement No.10) Order 2001 (S.I.2001/2619 (C.86)), the Child Support, Pensions and Social Security Act 2000 (Commencement No.11) Order 2002 (S.I.2002/437 (C.12)) and the Child Support, Pensions and Social Security Act 2000 (Commencement No.12) Order 2003 (S.I.2003/192 (C.11)).