Amendment of the Decisions and Appeals Regulations2
1
The Decisions and Appeals Regulations are amended as follows.
2
In regulation 1(3) (interpretation), after the definition of “referral” insert—
“relevant other child” is to be interpreted by reference to paragraph 10C(2) of Schedule 1 to the Child Support Act;
3
In regulation 6B(4) (circumstances in which a child support decision may not be superseded)4—
a
omit “or” at the end of sub-paragraph (d)5; and
b
after sub-paragraph (e), add—
; or
f
a decision is superseded and in relation to that superseding decision a maintenance calculation is made to which paragraph 15 of Schedule 1 to the Child Support Act applies.
4
In Schedule 3D (effective dates for supersession of child support decisions)6—
a
in paragraph 3 (decision backdated to when the change occurred)—
i
after sub-paragraph (a), insert—
aa
a relevant other child dies or ceases to be a relevant other child;
ii
omit “or” at the end of sub-paragraph (c), and
iii
after sub-paragraph (d), add—
; or
e
the non-resident parent begins or ceases to receive a benefit mentioned in regulation 4(1) of the Maintenance Calculations and Special Cases Regulations (flat rate) or begins or ceases to be a person who receives, or whose partner receives, a benefit referred to in regulation 4(2) of those Regulations.
b
after paragraph 3, insert—
3A
In paragraph 3, the reference to the day on which a person begins or ceases to receive a benefit is to the day on which entitlement to the benefit commences or ends, as the case may be.
c
omit paragraph 4; and
d
in paragraph 8 (series of changes waiting to be actioned), for “the date of that application” substitute “the beginning of the maintenance period in which that application was made”.