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Child Maintenance and Other Payments Act 2008

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This is the original version (as it was originally enacted).

Power to require a decision about whether to stay in the statutory scheme

This section has no associated Explanatory Notes

1(1)The Commission may require the interested parties in relation to an existing case to choose whether or not to stay in the statutory scheme, so far as future accrual of liability is concerned.

(2)The reference in sub-paragraph (1) to an existing case is to any of the following—

(a)a maintenance assessment,

(b)an application for a maintenance assessment,

(c)a maintenance calculation made under existing rules, and

(d)an application for a maintenance calculation which will fall to be made under existing rules.

(3)For the purposes of this paragraph, a maintenance calculation is made (or will fall to be made) under existing rules if the amount of the periodical payments required to be paid in accordance with it is (or will be) determined otherwise than in accordance with Part 1 of Schedule 1 to the Child Support Act 1991 (c. 48) as amended by this Act.

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