- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (10/11/2000)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 03/03/2003
Point in time view as at 10/11/2000.
Child Support Act 1991, Cross Heading: Maintenance assessments is up to date with all changes known to be in force on or before 15 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Any application for a maintenance assessment made to the Secretary of State shall be [F1dealt with by him] in accordance with the provision made by or under this Act.
[F2(1A)Where—
(a)an application for a maintenance assessment is made under section 6, but
(b)the Secretary of State becomes aware, [F3before determining the application], that the claim mentioned in subsection (1) of that section has been disallowed or withdrawn,
he shall, subject to subsection (1B), treat the application as if it had not been made.
(1B)If it appears to the Secretary of State that subsection (10) of section 4 would not have prevented the parent with care concerned from making an application for a maintenance assessment under that section he shall—
(a)notify her of the effect of this subsection, and
(b)if, before the end of the period of 28 days beginning with the day on which notice was sent to her, she asks him to do so, treat the application as having been made not under section 6 but under section 4.
(1C)Where the application is not preserved under subsection (1B) (and so is treated as not having been made) the Secretary of State shall notify—
(a)the parent with care concerned; and
(b)the absent parent (or alleged absent parent), where it appears to him that that person is aware of the application.]
(2)The amount of child support maintenance to be fixed by any maintenance assessment shall be determined in accordance with the provisions of Part I of Schedule 1.
(3)Part II of Schedule 1 makes further provision with respect to maintenance assessments.
Textual Amendments
F1Words in s. 11(1) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 24(1); S.I. 1999/1510, art. 2(g)(iii)
F2S. 11(1A)-(1C) inserted (4.9.1995) by Child Support Act 1995 (c. 34), ss. 19, 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1
F3Words in s. 11(1A) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 24(2); S.I. 1999/1510, art. 2(g)(iii)
Commencement Information
I1S. 11 wholly in force; s. 11 not in force at Royal Assent see s. 58(2); s. 11 in force in respect of specified provisions of Sch. 1 at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 11 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2
(1)Where the Secretary of State—
(a)is required to make a maintenance calculation; or
(b)is proposing to make a decision under section 16 or 17,
and it appears to him that he does not have sufficient information to enable him to do so, he may make a default maintenance decision.
(2)Where an application for a variation has been made under section 28A(1) in connection with an application for a maintenance calculation (or in connection with such an application which is treated as having been made), the Secretary of State may make an interim maintenance decision.
(3)The amount of child support maintenance fixed by an interim maintenance decision shall be determined in accordance with Part I of Schedule 1.
(4)The Secretary of State may by regulations make provision as to default and interim maintenance decisions.
(5)The regulations may, in particular, make provision as to—
(a)the procedure to be followed in making a default or an interim maintenance decision; and
(b)a default rate of child support maintenance to apply where a default maintenance decision is made.]
Textual Amendments
F4S. 12 substituted (10.11.2000 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 4, 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys