The Child Support (Maintenance Assessment Procedure) Regulations 1992

Changes over time for: Section 23

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23/03/2015- Amendment

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Changes and effects yet to be applied to Regulation 23:

Regulations modified by S.I. 1999/779 art. 2 Sch.
Regulations revoked in part by S.I. 2001/157 reg. 30(1)
reg.SC rev.in pt. and amended by S.I. 1999/1047 reg 8
reg.SD rev.in pt. and amended by S.I. 1999/1047 reg 9
reg.31(13(2) amended by S.I. 1998/2799 reg.2(4)(a)
reg.23 amended by S.I. 2000/1596 reg.9

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

Sch. 1 para. 1(a) words substituted by S.I. 1999/977 reg. 5
Sch. 1 para. 3(a) words substituted by S.I. 1999/977 reg. 5
reg.8B(1) amended by S.I. 1998/2799 reg.2(2)(a)(i)
reg.8B(4) amended by S.I. 1998/2799 reg.2(2)(a) (ii)
regs.9 9A replaced (by reg.9) by S.I. 1999/1047 reg.10
reg.9(1)(iii) amended by S.I. 1998/2799 reg.2(2)(b)
reg.9A(5) amended by S.I. 1998/2799 reg.2(2)(c)
reg. 10(4)(c)(d) substituted for reg. 10(4)(c) by S.I. 1994/227 reg. 2(2)
reg.10(4)(d) (e) rev. in pt. by S.I. 1998/2799 reg.2(2)(d) (vi)
reg. 10(4)(d)(e) substituted for reg. 10(4)(d) by S.I. 1996/2907 reg. 67(6)
reg.11(2A) added by S.I. 1998/2799 reg.2(2)(e)
reg. 15A(2) words added by S.I. 1996/1945 reg. 9
regs.17-29 (Pts. V-VIII) replaced by S.I. 1999/1047 reg.16
regs.18A 18B 18C 18D (Pt.VA) added by S.I. 1998/2799 reg.2(3)
regs.31-31 C revoked by S.I. 1999/1047 reg.19
reg.31C(1) amended by S.I. 1998/2799 reg.2(4)(b)
reg. 31C(3) words substituted by S.I. 1996/1945 reg. 11
reg.35A amended by S.I. 1999/1047 reg.25
reg. 35A words substituted (amendment to earlier affecting provision SI 1995/3261, reg. 37) by S.I. 1995/3265 reg. 4
reg. 36(4A) added by S.I. 1996/1945 reg. 14(5)
reg. 40A revoked by S.I. 1996/3196 regs. 9

[F1 Date from which a decision is superseded

23.—(1) Except in a case to which paragraph (2) [F2or (25)] applies, where notice is given under regulation 24 in the period which begins 28 days before an application for a supersession is made and ends 28 days after that application is made, the superseding decision of which notice was given under regulation 24 shall take effect as from the first day of the maintenance period in which that application was made.

(2) [F3Where a superseding decision is made in a case to which regulation 20(2)(a) applies and—

(a)the absent parent begins or ceases to receive a benefit mentioned in Schedule 4 to the Maintenance Assessments and Special Cases Regulations (case where child support maintenance is not to be payable); or

(b)the absent parent or person with care begins or ceases to be a person who receives a benefit referred to in paragraph 5(4) of Schedule 1 to the Act (assessable income),

the decision takes effect from the first day of the maintenance period in which the change occurred.]

(3) [F4Subject to paragraph (25),] where a superseding decision is made in a case to which either paragraph (2)(b) or (5)(a) of regulation 20 applies, the decision shall take effect as from the first day of the maintenance period in which the decision was made.

(4) [F5Subject to [F6paragraphs (19) and (25)] , where a superseding decision is made] in a case to which regulation 20(3)(a)(i), (4) or (5)(b) applies, the decision shall take effect as from the first day of the maintenance period in which the application for a supersession was made.

(5) [F7Subject to paragraph (25),] where a superseding decision is made in a case to which regulation 20(3)(a)(ii) applies, the decision shall take effect as from the first day of the maintenance period in which the change of circumstances is due to occur.

(6) Subject to paragraphs (1), (3) and (14), in a case to which regulation 24 applies, a superseding decision shall take effect as from the first day of the maintenance period in which falls the date which is 28 days after the date on which the Secretary of State gave notice to the relevant persons under that regulation.

(7) For the purposes of paragraph (6), where the relevant persons are notified on different dates, the period of 28 days shall be counted from the date of the latest notification.

(8) For the purposes of paragraphs (6) and (7)–

(a)notification includes oral and written notification;

(b)where a person is notified in more than one way, the date on which he is notified is the date on which he was first given notification; and

(c)the date of written notification is the date on which it was handed or sent to the person.

(9) Regulation 1(6) shall not apply in a case to which paragraph (8)(c) applies.

(10) [F8Subject to paragraph (25),] where–

(a)a decision made by [F9an appeal tribunal or the First-tier Tribunal under section 20 of the Act or the Upper Tribunal or a Child Support Commissioner] is superseded on the ground that it was erroneous due to a misrepresentation of, or that there was a failure to disclose, a material fact; and

(b)the Secretary of State is satisfied that the decision was more advantageous to the person who misrepresented or failed to disclose that fact than it would otherwise have been but for that error,

the superseding decision shall take effect as from the date the decision of [F10an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or the Child Support Commissioner] took, or was to take effect.

(11) Any decision given under section 17 of the Act in consequence of a determination which is a relevant determination for the purposes of section 28ZC of the Act (restrictions on liability in certain cases of error) shall take effect as from the date of the relevant determination.

(12) [F11Subject to paragraph (25),] where the Secretary of State supersedes a decision in accordance with regulation 20(6), the superseding decision shall take effect as from the first day of the maintenance period in which the Secretary of State has received the information referred to in that paragraph.

(13) [F12Subject to paragraph (25),] where the Secretary of State supersedes a decision in accordance with regulation 20(7), the superseding decision shall take effect as from the first day of the maintenance period in which the Secretary of State became satisfied that it would be appropriate to make an interim maintenance assessment the category of which is different from that of the maintenance assessment which is in force.

(14) Where a decision is superseded in consequence of a departure direction or a revision or supersession of a decision with respect to a departure direction–

(a)paragraph (6) above shall not apply; and

(b)the superseding decision shall take effect as from the date on which the departure direction or, as the case may be, the revision or supersession, took effect.

F13(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14(19) [F15Where a superseding decision is made in a case to which regulation 20(2)(a) or (3) applies and the material circumstance is–

(a)a qualifying child dies or ceases to be a qualifying child;

(b)a relevant child dies or ceases to be a relevant child; or

(c)a child who is a member of the family of the absent parent for the purposes of regulation 11(1)(g) of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992, dies or ceases to be a member of the family of the absent parent for those purposes,

the decision shall take effect as from the first day of the maintenance period in which the change occurred.]]

[F16(20) [F17Subject to paragraph (25),] where a superseding decision is made in a case to which regulation 20(4A) applies that decision shall take effect from the first day of the maintenance period following the date on which [F18the decision of the appeal tribunal, the First-tier Tribunal, the Upper Tribunal or the Child Support Commissioner] decision would have taken effect had it been decided in accordance with the determination of the [F19Upper Tribunal] [F20or the Child Support Commissioner] or the court in the appeal referred to in section 28ZB(1)(b) of the Act.]

[F21(21) Where a superseding decision is made in a case to which regulation 20(2)(a) or (3) applies, and the relevant circumstance is that a person has ceased to be a person with care in relation to a qualifying child in respect of whom the maintenance assessment was made, the decision shall take effect from the first day of the maintenance period in which that person ceased to be that person with care in relation to that qualifying child.

[F22(21A) Where a superseding decision is made in a case to which regulation 20(3A) applies and the material circumstance is—

(a)a qualifying child dies or ceases to be a qualifying child;

(b)the person with care ceases to be a person with care in relation to a qualifying child; or

(c)the person with care, the absent parent or a qualifying child ceases to be habitually resident in the United Kingdom,

the decision takes effect from the first day of the maintenance period in which the change occurred.]

[F23(21B) Where—

(a)a superseding decision is made in a case to which regulation 20(3) applies; and

(b)in relation to that decision, a maintenance assessment is made to which paragraph 15 of Schedule 1 to the Act applies,

the effective date of the assessment or assessments is the first day of the maintenance period in which the change of circumstances to which the assessment relates occurred or is expected to occur and where it occurred before the date of the application for the supersession and was notified after that date, the first day of the maintenance period in which that application was made.]

(22) Regulation 21 shall not apply where a superseding decision is made under regulation 20(3) in the circumstances set out in paragraph (19) or (21).]

[F24(23) The reference in paragraph (2) to when an absent parent 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.

(24) In paragraph (19), “relevant child” has the same meaning as in regulation 1(2) of the Maintenance Assessments and Special Cases Regulations.]

[F25(25) Where a superseding decision is made under regulation 20(2) or (3) with respect to the circumstance that a parent with care or an absent parent—

(a)has been awarded universal credit on the basis that they have no earned income;

(b)was awarded universal credit on that basis and their award has been revised or superseded on the basis of their having, at the time the award was made or after that time, earned income; or

(c)was awarded universal credit on the basis that they had earned income and their award has been revised or superseded on the basis of their not having, at the time the award was made or after that time, earned income,

the decision takes effect from the first day of the maintenance period in which the award of universal credit, or the revision or supersession of such an award, as the case may be, took effect or is due to take effect.

(26) For the purposes of paragraph (25), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.]]

Textual Amendments

F1Pt. V substituted for Pt. V to Pt. VII (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 16

F2Words in reg. 23(1) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 40(3)(b)

F3Reg. 23(2) substituted (4.7.2011) by The Child Support (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/1464), regs. 1(1), 3(4)(a)

F4Words in reg. 23(3) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 40(3)(a)

F5Words in reg. 23(4) substituted (19.6.2000) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/1596), regs. 1(1), 9(b)

F6Words in reg. 23(4) substituted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 40(3)(c)

F7Words in reg. 23(5) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 40(3)(a)

F8Words in reg. 23(10) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 40(3)(a)

F9Words in reg. 23(10)(a) substituted (retrospective to 14.5.2012) by The Social Security and Child Support (Supersession of Appeal Decisions) Regulations 2012 (S.I. 2012/1267), regs. 1, 2(3)(a)(i)

F10Words in reg. 23(10) substituted (retrospective to 14.5.2012) by The Social Security and Child Support (Supersession of Appeal Decisions) Regulations 2012 (S.I. 2012/1267), regs. 1, 2(3)(a)(ii)