8.—(1) Where—
(a)at the time that a maintenance [F2calculation] with respect to a qualifying child was made a maintenance order was in force with respect to that child;
[F3(aa)the maintenance order has ceased to have effect by virtue of the provisions of regulation 3;]
(b)the [F4non-resident parent] has made payments of child support maintenance due under that [F5calculation]; and
(c)[F6[F7the Secretary of State] cancels that assessment on the grounds that it was made in error,]
[F6 the Secretary of State revises the decision as to the maintenance calculation under section 16 of the Act and decides that no child support maintenance was payable on the ground that the previous decision was made in error, ]
the payments of child support maintenance shall be treated as payments under the maintenance order and that order shall be treated as having continued in force.
(2) Where—
(a)at the time that a maintenance order with respect to a qualifying child was made a maintenance [F8calculation] was in force with respect to that child;
[F9(aa)the maintenance [F10calculation] [F11is cancelled or] ceases to have effect;]
(b)the [F12non-resident parent] has made payments of maintenance due under that order; and
(c)the maintenance order is revoked by the court on the grounds that it was made in error,
the payments under the maintenance order shall be treated as payments of child support maintenance and the maintenance [F13calculation] shall be treated [F14as not having been cancelled [F15or, as the case may be, ]as not having ceased to have effect].
Textual Amendments
F1Word in reg. 8 heading substituted (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 2(2) (with reg. 10); S.I. 2003/192, art. 3, Sch.
F2Word in reg. 8(1)(a) substituted (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 2(2) (with reg. 10); S.I. 2003/192, art. 3, Sch.
F3Reg. 8(1)(aa) inserted (5.4.1993) by Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 46(a)
F4Words in reg. 8(1)(b) substituted (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 2(1) (with reg. 10); S.I. 2003/192, art. 3, Sch.
F5Word in reg. 8(1)(b) substituted (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 2(2) (with reg. 10); S.I. 2003/192, art. 3, Sch.
F6Reg. 8(1)(c) substituted (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 9(a) (with reg. 10); S.I. 2003/192, art. 3, Sch
F7Words in reg. 8(1)(c) substituted (1.6.1999) by Social Security Act 1998 (Commencement No. 7 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/1510), arts. 3(1), 31(3)
F8Word in reg. 8(2)(a) substituted (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 2(2) (with reg. 10); S.I. 2003/192, art. 3, Sch.
F9Reg. 8(2)(aa) inserted (5.4.1993) by Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 46(b)(i)
F10Word in reg. 8(2)(aa) substituted (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 2(2) (with reg. 10); S.I. 2003/192, art. 3, Sch.
F11Words in reg. 8(2)(aa) omitted (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 9(b) (with reg. 10); S.I. 2003/192, art. 3, Sch.
F12Words in reg. 8(2)(b) substituted (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 2(1) (with reg. 10); S.I. 2003/192, art. 3, Sch.
F13Word in reg. 8(2) substituted (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 2(2) (with reg. 10); S.I. 2003/192, art. 3, Sch.
F14Words in reg. 8(2)(aa) omitted (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 9(c) (with reg. 10); S.I. 2003/192, art. 3, Sch.
F15Words in reg. 8(2) inserted (5.4.1993) by Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 46(b)(ii)