The Child Support and Income Support (Amendment) Regulations 1995

Amendment of regulation 8 of the Maintenance Assessment Procedure Regulations E+W+S

28.—(1) Regulation 8 of the Maintenance Assessment Procedure Regulations (amount and duration of an interim maintenance assessment) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (1A), for the word “two” there shall be substituted the word “ four ” and for the words “Category B interim maintenance assessments.” there shall be substituted the words “ Category B interim maintenance assessments, Category C interim maintenance assessments and Category D interim maintenance assessments. ”.

(3) In sub-paragraph (a) of paragraph (1B), for the words “the information that is required by him as to the income of the absent parent” there shall be substituted the words “ any information, other than information referred to in sub-paragraph (b), that is required by him ”.

(4) For sub-paragraph (b) of paragraph (1B), there shall be substituted the following sub-paragraph—

“(b) a Category B interim maintenance assessment, where the information that is required by him as to the income of the partner or other member of the family of the absent parent or parent with car for the purposes of the calculation of the income of that partner or other member of the family under regulation 9(2), 10, 11(2) or 12(1) of the Maintenance Assessments and Special Cases Regulations—

(i) has not been provided by that partner or other member of the family, and that partner or other member of the family has that information in his possession or can reasonably be expected to acquire it; or

(ii) has been provided by that partner or other member of the family to the absent parent or parent with care, but the absent parent or parent with care has not provided it to the Secretary of State or the child support officer;”.

(5) In paragraph (1B) after sub-paragraph (b), there shall be inserted the following sub-paragraphs—

“(c) a Category C interim maintenance assessment where—

(i) the absent parent is a self-employed earner as defined in regulation 1(2) of the Maintenance Assessments and Special Cases Regulations; and

(ii) the absent parent is currently unable to provide, but has indicated that he expects within a reasonable time to be able to provide, information to enable a child support officer to determine the earnings of that absent parent in accordance with paragraphs 3 to 5 of Schedule 1 to the Maintenance Assessments and Special Cases Regulations; and

(iii) no maintenance order as defined in section 8(11) of the Act or written maintenance agreement as defined in section 9(1) of the Act is in force with respect to the children in respect of whom the Category C interim maintenance assessment would be made; or

(d) a Category D interim maintenance assessment where it appears to a child support officer,on the basis of information available to him as to the income of the absent parent, that the amount of any maintenance assessment made in accordance with Part I of Schedule 1 of the Act applicable to that absent parent may be higher than the amount of a Category A interim maintenance assessment in force in respect of him.”.

(6) In paragraph (2A), for the words “The amount” there shall be substituted the words “ subject to paragraph (2D), the amount ”.

(7) In paragraph (2(C), after the words “absent parent” where they first appear there shall be inserted the words “ calculated in accordance with regulation 12(1)(a) of the Maintenance Assessments and Special Cases Regulations ”.

(8) After paragraph (2C), there shall be inserted the following paragraphs—

“(2D) Where the application of the provisions of paragraph (2B) or (2C) would result in the amount of a Category B interim maintenance assessment being more than 30 per centum of the net income of the absent parent as calculated in accordance with regulation 7 of the Maintenance Assessments and Special Cases Regulations, those provisions shall not apply to that absent parent and instead, the amount of that Category B interim maintenance assessment shall be 30 per centum of his net income as so calculated and where that calculation results in a fraction of a penny, that fraction shall be disregarded.

(2E) The amount of child support maintenance fixed by a category C interim maintenance assessment shall be pound;30.00 but a child support officer may set a lower amount, including a nil amount, if he thinks it reasonable to do so in all the circumstances of the case.

(2F) Paragraph 6 of Schedule 1 to the Act shall not apply to Category C interim maintenance assessments.

(2G) A child support officer shall notify the person with care where he is considering setting a lower amount for a Category C interim maintenance assessment in accordance with paragraph (2E), and shall take into account any relevant representations made by that person with care in deciding the amount of that Category C interim maintenance assessment.

(2H) The amount of child support maintenance fixed by a Category D interim maintenance assessment shall be calculated or estimated by applying to the absent parent’s income, in so far as the child support officer is able to determine it at the time of the making of that Category D interim maintenance assessment, the provisions of Part I of Schedule 1 to the Act and regulations made under it, subject to the modification that —

(a) paragraphs 6 and 8 of that Schedule shall not apply; and

(b) only paragraphs (1)(a) and (5) of regulation 9 of the Maintenance Assessments and Special Cases Regulations shall apply; and

(c) heads (b) and (c) of sub-paragraph (3) of paragraph 1 of Schedule 1 to the Maintenance Assessments and Special Cases Regulations shall not apply.

(2I) Where the absent parent referred to in paragraph (2H) is an employed earner as defined in regulation 1 of the Maintenance Assessments and Special Cases Regulations and the child support officer is unable to calculate the net income of that absent parent, his net income shall be estimated under the provisions of paragraph (2A)(a) and (b) of regulation 1 of the Maintenance Assessments and Special Cases Regulations.”.

(9) For paragraph (3), there shall be substituted the following paragraph—

“(3) Except where regulation 3(5) of the maintenance Arrangements and Jurisdiction Regulations (effective date of maintenance assessment where court order in force) or paragraph (3A), (3B), (3C), (3D), (7) (7A) or (7E) applies, the effective date of an interim maintenance assessment shall be—

(a) in respect of a Category A, Category C or Category D interim maintenance assessment , subject to sub-paragraph (c), such date, being not earlier than the first and not later than the seventh day following the date upon which that interim maintenance assessment was made, as falls on the same day of the week as the date determined in accordance with regulation 30(2)(a)(ii);

(b) in respect of a Category B interim maintenance assessment—

(i) subject to head (ii) and sub-paragraph (c), such date, being not earlier than the first and not later than the seventh day following the expiry of the period of 14 days specified in paragraph (1), as falls on the same day of the week as the date determined in accordance with regulation 30(2)(a)(ii);

(ii) where that Category B interim maintenance assessment is made after a Category A, Category C or Category D interim maintenance assessment has been in force, the date upon which that Category A, Category C or Category D interim maintenance assessment ceased to have effect in accordance with paragraph (9A);

(c) in respect of a Category A, Category B, Category C or Category D interim maintenance assessment, where the application of the provisions of sub-paragraph (a) or (b)(i) would otherwise set an effective date for an interim maintenance assessment earlier than the end of a period of eight weeks from the date upon which—

(i) the maintenance enquiry form referred to in regulation 30(2)(a)(i) was given or sent to an absent parent; or

(ii) the application made by in absent parent referred to in regulation 30(2)(b)(i) was received by the Secretary of State,

in circumstances where that absent parent has complied with the provisions of regulation 30(2)(a)(i) or (b)(i) or paragraph (2A) of that regulation applies, the date determined in accordance with regulation 30(2)(a)(i) or (b)(i).”.

(10) In paragraph (3A),for the words “52 weeks” there shall be substituted the words “ 104 weeks ” and in paragraphs (3A) to (3C), for the words “Category A” where they occur there shall be substituted the words “ Category A or Category D ”.

(11) In paragraph (4), for the words “or (3D)” there shall be substituted the words “ ,(3D), (7), (7A) or (7E) ”.

(12) In paragraph (6), for the words “an interim maintenance assessment” there shall be substituted the words “ a Category A, Category B or Category D interim maintenance assessment ”.

(13) For paragraph (7), there shall be substituted the following paragraphs—

“(7) Where a child support officer cancels a Category A, Category B or Category D interim maintenance assessment in accordance with the provisions of paragraph (6), and he is satisfied that there was unavoidable delay for only part of the period during which that assessment was in force, and that another Category A, Category B or Category D interim maintenance assessment should be made, the effective date of that other Category A, Category B or Category D interim maintenance assessment shall, subject to paragraph (7A), be the first day of the maintenance period following the date upon which, in the opinion of the child support officer, the delay became avoidable.

(7A) Where the Category A or Category B interim maintenance assessment cancelled in accordance with the provisions of paragraph (6) was made prior to 18 April 1995 and the effective date of any new Category A or Category B interim maintenance assessment would, by virtue of paragraph (7), be prior to 18 April 1995, the effective date of that new Category A or Category B interim maintenance assessment shall be the first day of the maintenance period which begins on or after 18 April 1995.

(7B) Where in respect of any Category A or Category B interim maintenance assessment in force before 18 April 1995 the delay referred to in paragraph (6) became avoidable before 18 April 1995, that Category A or Category B interim maintenance assessment may not be cancelled with effect from a date earlier than the date the delay became avoidable.

(7C) Subject to paragraph (6), where a child support officer is satisfied that it would be appropriate to make an interim maintenance assessment the Category of which is different from that of the interim maintenance assessment in force, he may cancel the interim maintenance assessment which is in force with effect from whichever is the later of the first day of the maintenance period in which he becomes so satisfied or the first day of the maintenance period which begins on or after 18 April 1995.

(7D) In paragraph (7C), “Category” in relation to an interim maintenance assessment means Category A, Category B, Category C or Category D, as the case may be.

(7E) Where a child support officer makes an interim maintenance assessment following the cancellation of an interim maintenance assessment in accordance with paragraph (7C), the effective date for the fresh interim maintenance assessment shall be the date upon which that cancellation took effect.

(7F) A child support officer may cancel an interim maintenance assessment which is in force with effect from such date as he considers appropriate in all the circumstances on the grounds that—

(a) there was a material procedural error in connection with the making of the assessment; or

(b) he is satisfied that he did not, or has subsequently ceased to have jurisdiction to make that interim maintenance assessment.”.

(14) For paragraph (8), there shall be substituted the following paragraph—

“(8) 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 payable in respect of the period after 18 April 1995 during which that interim maintenance assessment was in force shall be that fixed by the maintenance assessment.”.

(15) At the beginning of paragraph (9), for the words “An interim maintenance assessment” there shall be substituted the words “ Subject to paragraph (9A), an interim maintenance assessment ”.

(16) After paragraph (9) there shall be inserted the following paragraph—

“(9A) A Category A, Category C or Category D interim maintenance assessment shall cease to have effect on the first day of the maintenance period in which the Secretary of State has received all the information that is required by him to enable a child support officer to make an assessment in accordance with the provisions of Part I of Schedule 1 to the Act with the exception of the information referred to in paragraph (1B)(b) or the first day of the maintenance period after 18 April 1995 whichever is the later.”.

(17) Paragraph (10) shall be omitted.

(18) In paragraph (11), for the words “for the purposes of sections 17 and 18 of the Act” there shall be substituted the words “ for the purposes of sections 17, 18 and 19(2) of the Act ” and after the words “Category A” there shall be inserted the words “ or Category D ”.

(19) In paragraph (12), after the words “Category A” there shall be inserted the words “ or Category D ”.