The Social Security Act 1998 (Commencement No. 7 and Consequential and Transitional Provisions) Order 1999

Amendment of regulation 1 E+W+S

14.—(1) In regulation 1(2) M1 (interpretation)—

(a) in the definition of “day to day care"—

(i) for the words “child support officer, a period other than 12 months but ending with the relevant week" there shall be substituted the words “ Secretary of State, a period other than 12 months ”; and

(ii) for heads (iii) and (iv) there shall be substituted the following head—

“(iii) in a case where notification is given under regulation 24 of the Maintenance Assessment Procedure Regulations to the relevant persons on different dates, “relevant week" means the period of seven days immediately preceding the date of the latest notification;”;

(b) in the definition of “home"—

(i) for the words “child support officer" there shall be substituted the words “ Secretary of State ”; and

(ii) for the words “that officer" there shall be substituted the words “ the Secretary of State ”; and

(c) for the definition of “relevant week" there shall be substituted the following definition—

““relevant week" means—

(a) in relation to an application for child support maintenance—

(i) in the case of the applicant, the period of seven days immediately preceding the date on which the appropriate maintenance assessment application form (being an effective application within the meaning of regulation 2(4) of the Maintenance Assessment Procedure Regulations) is submitted to the Secretary of State;

(ii) in the case of a person to whom a maintenance assessment enquiry form is given or sent as the result of such an application, the period of seven days immediately preceding the date on which that form is given or sent to him or, as the case may be, the date on which it is treated as having been given or sent to him under regulation 1(6)(b) of the Maintenance Assessment Procedure Regulations;

(b) where a decision (“the original decision") is to be—

(i) revised under section 16 of the Act; or

(ii) superseded by a decision under section 17 of the Act on the basis that the original decision was made in ignorance of, or was based upon a mistake as to some material fact or was erroneous in point of law,

the period of seven days which was the relevant week for the purposes of the original decision;

(c) where a decision (“the original decision") is to be superseded by a decision under section 17 of the Act—

(i) on an application made for the purpose on the basis that a material change of circumstances has occurred since the original decision was made, the period of seven days immediately preceding the date on which that application was made;

(ii) subject to paragraph (b), in a case where a relevant person is given notice under regulation 24 of the Maintenance Assessment Procedure Regulations M2 , the period of seven days immediately preceding the date of that notification;

except that where, under paragraph 15 of Schedule 1 to the Act, the Secretary of State makes separate maintenance assessments in respect of different periods in a particular case, because he is aware of one or more changes of circumstances which occurred after the date which is applicable to that case under paragraph (a), (b) or (c) the relevant week for the purposes of each separate assessment made to take account of each such change of circumstances, shall be the period of seven days immediately preceding the date on which notification was given to the Secretary of State of the change of circumstances relevant to that separate maintenance assessment;”.

Marginal Citations

M1 The relevant amending instruments are S.I. 1993/913, 1995/1045, 1995/3261, 1996/3196 and 1998/58.

M2 Regulation 24 was added by S.I. 1999/1047.