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There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Child Support (Maintenance Assessment Procedure) Regulations 1992. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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8D.—(1) Subject to paragraph (2), where a maintenance assessment calculated in accordance with Part I of Schedule 1 to the Act is made following an interim maintenance assessment, the amount of child support maintenance assessment, the amount of child support maintenance payable in respect of the period after 18th April 1995, during which that interim maintenance assessment was in force shall be that fixed by the maintenance assessment.
[F2(1A) The reference in paragraph (1) to a maintenance assessment calculated in accordance with Part I of Schedule 1 to the Act shall include a maintenance assessment falling within regulation 30A(2).]
(2) Paragraph (1) shall not apply where a maintenance assessment calculated in accordance with Part I of Schedule 1 to the Act falls within paragraph (7).
F3(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The provisions of regulations [F432 and 33(5)] shall not apply to a Category A or Category D interim maintenance assessment.
(5) Subject to paragraph (6) F5..., an interim maintenance assessment shall cease to have effect on the first day of the maintenance period during which the Secretary of State receives the information which enables [F6him] to make the maintenance assessment or assessments in relation to the same absent parent, person with care, and qualifying child or qualifying children, calculated in accordance with Part I of Schedule 1 to the Act.
(6) F5... where [F6the Secretary of State] has insufficient information or evidence to enable him to make a maintenance assessment calculated in accordance with Part I of Schedule 1 to the Act for the whole of the period beginning with the effective date applicable to a particular case, an interim maintenance assessment made in that case shall cease to have effect—
(a)on 18th April 1995 where by that date the Secretary of State has received the information or evidence set out in paragraph (7); or
(b)on the first day of the maintenance period after 18th April 1995 in which the Secretary of State has received that information or evidence.
(7) The information or evidence referred to in paragraph (6) is information or evidence enabling [F7the Secretary of State] to make a maintenance assessment calculated in accordance with Part I of Schedule 1 to the Act, for a period beginning after the effective date applicable to that case, in respect of the absent parent, parent with care and qualifying child or qualifying children in respect of whom the interim maintenance assessment referred to in paragraph (6) was made.
(8) [F8Where the information or evidence referred to in paragraph (6)(a) or (b) is that there has been an award of income support[F9, an income-related employment and support allowance] [F10, state pension credit] or an income-based jobseeker’s allowance, the Secretary of State shall be treated as having received that information or evidence on the first day in respect of which income support [F9, an income-related employment and support allowance][F10, state pension credit] or an income-based jobseeker’s allowance was payable under that award.]]
Textual Amendments
F1Regs. 8-8D substituted for reg. 8 (22.1.1996) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995 (S.I. 1995/3261), regs. 1(1), 16
F2Reg. 8D(1A) inserted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(1), 36
F3Reg. 8D(3) repealed (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 9
F4Words in reg. 8D(4) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 9
F5Words in reg. 8D(5)(6) deleted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 9
F6Words in reg. 8D(5)(6) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 9
F7Words in reg. 8D(7) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 9
F8Reg. 8D(8) substituted (13.1.1997) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1996 (S.I. 1996/3196), regs. 1(1), 6
F9Words in reg. 8D(8) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 57(4)
F10Words in reg. 8D(8) inserted (5.11.2003) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2003 (S.I. 2003/2779), regs. 1, 3(3)
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