The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995

Substitution of regulation 9 of the Maintenance Assessment Procedure Regulations E+W+S

17.  For regulation 9 of the Maintenance Assessment Procedure Regulations (cancellation of an interim maintenance assessment) there shall be substituted the following regulations—

“ Cancellation of an interim maintenance assessment

9.— (1) Where a child support officer is satisfied that there was unavoidable delay by the absent parent in—

(i) completing and returning a maintenance enquiry form under the provisions of regulation 6(1);

(ii) providing information or evidence that is required by the Secretary of State for the determination of an application for a maintenance assessment; or

(iii) providing information or evidence that is required by a child support officer to enable him to conduct or complete a review under section 16, 17, 18 or 19 of the Act,

he may cancel an interim maintenance assessment which is in force.

(2) Where a child support officer cancels a Category A, Category B or Category D interim maintenance assessment in accordance with the provisions of paragraph (1), 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, or Category D interim maintenance assessment shall, subject to paragraph (3), 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 and the effective date of that other Category B interim maintenance assessment made after 22nd January 1996 shall be the date set out in regulation 8C(1)(b).

(3) Where the Category A or Category B interim maintenance assessment cancelled in accordance with the provisions of paragraph (1) was made prior to 18th April 1995 and the effective date of any new Category A or Category B interim maintenance assessment would, by virtue of paragraph (2), be prior to 18th 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 18th April 1995.

(4) Where in respect of any Category A or Category B interim maintenance assessment in force before 18th April 1995 the delay referred to in paragraph (1) became avoidable before 18th 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.

(5) Subject to paragraph (1), 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—

(i) subject to sub-paragraph (ii), 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 18th April 1995; or

(ii) where he is satisfied that the interim maintenance assessment in force should be replaced by a Category B interim maintenance assessment, whichever is the later of the effective date of the interim maintenance assessment in force or 22nd January 1996.

(6) Where an interim maintenance assessment is cancelled under the provisions of paragraph (5)(ii) and that interim maintenance assessment was made immediately following a previous interim maintenance assessment, a child support officer shall also cancel that previous interim maintenance assessment with effect from the effective date of that previous interim maintenance assessment or 22nd January 1996 whichever is the later.

(7) Where an interim maintenance assessment has been cancelled in the circumstances set out in paragraph (5)(ii) or (6), payments made under that interim maintenance assessment shall be treated as payments made under the Category B interim maintenance assessment which replaces it.

(8) In paragraph (5), “Category" in relation to an interim maintenance assessment means Category A, Category B, Category C or Category D, as the case may be.

(9) Where a child support officer makes an interim maintenance assessment following the cancellation of an interim maintenance assessment in accordance with paragraph (5), the effective date of the fresh interim maintenance assessment shall be—

(i) subject to sub-paragraph (ii), the date upon which that cancellation took effect;

(ii) where the fresh interim maintenance assessment is a Category B interim maintenance assessment, subject to paragraphs (10) and (11), the date determined in accordance with regulation 8C(1)(b) or 22nd January 1996, whichever is later.

(10) Where paragraph (9)(ii) applies and the interim maintenance assessment cancelled in accordance with paragraph (5) caused a court order to cease to have effect in accordance with regulation 3(6) of the Maintenance Arrangements and Jurisdiction Regulations, the effective date of the Category B interim maintenance assessment referred to in paragraph (9)(ii) shall be the date upon which that cancellation took effect.

(11) Where paragraphs 6 and (9)(ii) apply and the interim maintenance assessment cancelled in accordance with paragraph (6) caused a court order to cease to have effect in accordance with regulation 3(6) of the Maintenance Arrangements and Jurisdiction Regulations, the effective date of the Category B interim maintenance assessment referred to in paragraph 9(ii) shall be the date upon which that cancellation in accordance with paragraph (6) took effect.

(12) 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.

(13) Where a child support officer has cancelled an interim maintenance assessment under paragraph (12), a relevant person may apply to the Secretary of State for a review of that cancellation under section 18(3) of the Act and the provisions of section 18(5) to (8) shall apply to that review.

(14) Where, following a review under section 18(3) of the Act, a child support officer sets aside the cancellation of the interim maintenance assessment which has been cancelled under paragraph (12), the effective date of the reinstated interim maintenance assessment shall be the date on which the cancelled interim maintenance assessment ceased to have effect or 22nd January 1996 whichever is the later.

(15) An interim maintenance assessment in force which is made under section 12(1)(b) or (c) of the Act shall be cancelled by a child support officer with effect from the effective date of that interim maintenance assessment as soon as is reasonably practicable after he has received the information or evidence which enables him to carry out or to complete a review under section 16, 17, 18 or 19 of the Act.

(16) Where an interim maintenance assessment has been cancelled under paragraph (15), payments made under it shall be treated as payments made under the maintenance assessment being reviewed under section 16, 17, 18 or 19 of the Act or under any maintenance assessment made following the review which replaces for the relevant period the maintenance assessment being reviewed.

Application for cancellation of an interim maintenance assessment

9A.— (1) An absent parent with respect to whom a Category A or Category D interim maintenance assessment is in force may apply to a child support officer for that interim maintenance assessment to be cancelled.

(2) Any application made under paragraph (1) shall be in writing, and shall include the a statement of the grounds for the application.

(3) A child support officer who receives an application under provisions of paragraph (1), shall—

(a) decide whether the interim maintenance assessment is to be cancelled and, if so, the date with effect from which it is to be cancelled;

(b) in any case where he does cancel an interim maintenance assessment, decide whether it is appropriate for a maintenance assessment to be made in accordance with the provisions of Part I of Schedule 1 to the Act;

(c) in any case where he has decided that it is appropriate for a maintenance assessment to be made in accordance with the provisions of Part I of Schedule 1 to the Act, make that assessment.

(4) Where a child support officer has made a decision under paragraph (3), he shall immediately notify the applicant, so far as that is reasonably practicable, and shall give the reasons for his decision in writing.

(5) A notification under paragraph (4) shall include information as to the provisions of sections 18 and 20 of the Act and regulation 24(1) and, where an assessment is made in accordance with the provisions of Part I of Schedule 1 to the Act, the provisions of sections 16 and 17 of the Act.

(6) Where a child support officer has made a decision following an application under paragraph (1), the absent parent may apply to the Secretary of State for a review of that decision and, subject to the modification set out in paragraph (7), the provisions of section 18(5) to (8) of the Act shall apply to such a review.

(7) The modification referred to in paragraph (6) is that section 18(6) of the Act shall have effect as if for “the refusal, assessment or cancellation in question" there is substituted “the decision following an application under regulation 9A(1) of the Child Support (Maintenance Assessment Procedure) Regulations 1992".

(8) Regulations 10, 11, 24 and 25 shall apply to reviews under paragraph (6).”.