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The Child Support (Maintenance Assessment Procedure) Regulations 1992

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PART IV NOTIFICATIONS FOLLOWING CERTAIN DECISIONS BY CHILD SUPPORT OFFICERS

Notification of a new or a fresh maintenance assessment

10.—[F1(1) A person with a right of appeal to [F2the First-tier Tribunal] under–

(a)section 20 of the Act; and

(b)section 20 of the Act as extended by paragraph 3(1)(b) of Schedule 4C to the Act,

shall be given notice of that right and of the decision to which that right relates.]

F3(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) [F4Subject to [F5paragraphs (2A) and (2B)], a notification under paragraph (1)] [F6of a new or fresh maintenance assessment made under section 11, 16 or 17] shall set out, in relation to the maintenance assessment in question—

(a)the maintenance requirement;

(b)the effective date of the assessment;

[F7(c)the net and assessable income of the absent parent and, where relevant, the amount determined under regulation 9(1)(b) of the Maintenance Assessments and Special Cases Regulations (housing costs);]

[F8(cc)where relevant, the absent parent’s protected income level and the amount of the maintenance assessment before the adjustment in respect of protected income specified in paragraph 6(2) of Schedule 1 to the Act was carried out;]

[F9(d)the net and assessable income of the parent with care, and, where relevant, an amount in relation to housing costs determined in the manner specified in regulation 10 of the Maintenance Assessments and Special Cases Regulations (calculation of exempt income of parent with care);]

(e)details as to the minimum amount of child support maintenance payable by virtue of regulations made under paragraph 7 of Schedule 1 to the Act; and

(f)details as to apportionment where a case is to be treated as a special case for the purposes of the Act under section 42 of the Act.

[F10(h) any amount determined in accordance with Schedule 3A or 3B to the Maintenance Assessments and Special Cases Regulations (qualifying transfer of property and travel costs).]

[F11(i)where the notification under paragraph (1)(a) F12... follows the giving, or cancellation of a departure direction, the amounts calculated in accordance with Part I of Schedule 1 to the Act, or in accordance with regulation 8A, which have been changed as a result of the giving or cancellation of that departure direction.]

[F13(2A) Where a new Category A [F14Category C or D] interim maintenance assessment is made, or a fresh Category A [F14Category C or D] interim maintenance assessment is made following [F15a revision of a maintenance assessment under section 16 of the Act or a supersession of a maintenance assessment under section 17 of the Act] of the Act, a notification under paragraph (1) shall set out, in relation to that interim maintenance assessment, the maintenance requirement and the effective date.]

[F16(2AA) where a fresh Category D interim maintenance assessment is made following the giving or cancellation of a departure direction, a notification under paragraph (1) shall set out in relation to that interim maintenance assessment the amounts calculated in accordance with regulation 8A which have changed as a result of the giving or cancellation of that departure direction.]

[F17(2B) A notification under paragraph (1) in relation to a Category B interim maintenance assessment shall set out in relation to it—

[F18(a)the matters listed in sub-paragraphs (a), (b) and (d) to (f) of paragraph (2);

(b)where known, the absent parent’s assessable income; and

(c)where the Category B interim maintenance assessment is made following the giving or cancellation of a departure direction, the amounts calculated in accordance with regulation 8A which have changed as a result of the giving or cancellation of that departure direction.]]

(3) Except where a person gives written permission to the Secretary of State that the information, in relation to him, mentioned in sub-paragraphs (a) and (b) below may be conveyed to other persons, any document given or sent under the provisions of paragraph (1) or (2) shall not contain—

(a)the address of any person other than the recipient of the document in question (other than the address of the office [F19of the officer concerned who is exercising functions of the Secretary of State under the Act]) or any other information the use of which could reasonably be expected to lead to any such person being located;

(b)any other information the use of which could reasonably be expected to lead to any person, other than a qualifying child or a relevant person, being identified.

[F20(4) Where a decision as to a maintenance assessment is made under section 11, 12, 16 or 17 of the Act, a notification under paragraph (1) shall include information as to the provisions of sections 16 and 17 of the Act.]

F20(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21(5) Paragraphs (2) to (4) of this regulation apply in the case of a decision in respect of which there is no right of appeal as the result of regulation 17A (consideration of revision before appeal) as they apply in the case of a decision which may be appealed under section 20 of the Act (as it has effect apart from section 10 of the Child Support, Pensions and Social Security Act 2000).]

F20(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Reg. 10(1A)-(1C) omitted (1.6.1999) by virtue of The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 11(b)

F4Words in reg. 10(2) substituted (16.2.1995) by The Child Support (Miscellaneous Amendments) Regulations 1995 (S.I. 1995/123), regs. 1(1), 6(2)

F5Words in reg. 10(2) substituted (18.4.1995) by The Child Support and Income Support (Amendment) Regulations 1995 (S.I. 1995/1045), regs. 1(2), 30(3)

F18Reg. 10(2B)(a)-(c) substituted for Reg. 10(2B)(a)(b) (2.12.1996) by The Child Support Departure Direction and Consequential Amendments Regulations 1996 (S.I. 1996/2907), regs. 1(1), 67(5)

F19Words in reg. 10(3)(a) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 11(e)

F20Reg. 10(4) substituted for regs. 10(4)-(6) (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 11(f)

[F22Notification of increase or reduction in the amount of a maintenance assessment

10A.—(1) Where, in a case falling within paragraph (2B) of regulation 22 of the Maintenance Assessments and Special Cases Regulations (multiple applications relating to an absent parent), [F23the Secretary of State] has increased or reduced one or more of the other maintenance assessments referred to in that paragraph following the making of the fresh assessment referred to in sub-paragraph (c) of that paragraph, he shall, so far as that is reasonably practicable, immediately notify the relevant persons in respect of whom each maintenance assessment so increased or reduced was made of—

(a)the making of that fresh assessment;

(b)the amount of the increase or reduction in that maintenance assessment; and

(c)the date on which that increase or reduction shall take effect,

and the notification shall include information as to the provisions of [F23sections 16 and 17] of the Act.

(2) Except where a person gives written permission to the Secretary of State that the information in relation to him mentioned in sub-paragraphs (a) and (b) below may be conveyed to other persons, any document given or sent under the provisions of paragraph (1) shall not contain—

(a)the address of any person other than the recipient of the document in question (other than the address of the office [F24of the officer concerned who is exercising functions of the Secretary of State under the Act]) or any other information the use of which could reasonably be expected to lead to any such person being located;

(b)any other information the use of which could reasonably be expected to lead to any person, other than a qualifying child or a relevant person, being identified.]

Textual Amendments

Notification of a refusal to conduct a review

F2511.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Notification of a refusal to make a new or a fresh maintenance assessment

F2612.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Notification of a refusal to cancel a maintenance assessment

F2613.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Notification of a cancellation of a maintenance assessment

F2614.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Notification of a refusal to reinstate a cancelled maintenance assessment

F2615.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F27Notification of reinstatement of a maintenance assessment

F2615A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Notification when an applicant under section 7 of the Act ceases to be a child

16.  Where a maintenance assessment has been made in response to an application by a child under section 7 of the Act and that child ceases to be a child for the purposes of the Act, a child support officer shall immediately notify, so far as that is reasonably practicable—

(a)the other qualifying children [F28who have attained the age of 12 years] and the absent parent with respect to whom that maintenance assessment was made; and

(b)the person with care.

Textual Amendments

F28Words in reg. 16(a) substituted (5.4.1993) by The Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 6

[F29Notification that an appeal has lapsed

[F3016A.  Where an appeal lapses in accordance with section 16(6) of the Act, the Secretary of State shall, so far as is reasonably practicable, notify the relevant persons that that appeal has lapsed.]]

Textual Amendments

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