The Child Support (Variations) Regulations 2000

PART I E+W+S GENERAL

Citation, commencement and interpretation E+W+S

1.—(1) These Regulations may be cited as the Child Support (Variations) Regulations 2000 and shall come into force in relation to a particular case on the day on which section 5 of the Child Support, Pensions and Social Security Act 2000 which substitutes or amends sections 28A to 28F of the Act is commenced in relation to that type of case.

(2) In these Regulations, unless the context otherwise requires—

• “the Act” means the Child Support Act 1991;

• “capped amount” means the amount of income for the purposes of paragraph 10(3) of Schedule 1 to the Act;

• F1 ...

• “Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992 M1 ;

• “couple” has the same meaning as in paragraph 10C(5) of Schedule 1 to the Act;

• “date of notification” means the date upon which notification is given in person or communicated by telephone to the recipient or, where this is not possible, the date of posting;

• “date of receipt” means the day on which the information or document is actually received;

• “home” has the meaning given in regulation 1(2) of the Maintenance Calculations and Special Cases Regulations;

• “Maintenance Calculation Procedure Regulations” means the Child Support (Maintenance Calculation Procedure) Regulations 2000 M2 ;

• “Maintenance Calculations and Special Cases Regulations” means the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 ;

• [F2 “partner” has the same meaning as in paragraph 10C(4) of Schedule 1 to the Act;]

• “qualifying child” means the child with respect to whom the maintenance calculation falls to be made;

• “relevant person” means—

  (a)

  a non-resident parent, or a person treated as a non-resident parent under regulation 8 of the Maintenance Calculations and Special Cases Regulations, whose liability to pay child support maintenance may be affected by any variation agreed;

  (b)

  a person with care, or a child to whom section 7 of the Act applies, where the amount of child support maintenance payable by virtue of a calculation relevant to that person with care or in respect of that child may be affected by any variation agreed; and

• “Transitional Regulations” means the Child Support (Transitional Provisions) Regulations 2000 M3 .

(3) In these Regulations, unless the context otherwise requires, a reference—

(a) to a numbered Part, is to the Part of these Regulations bearing that number;

(b) to the Schedule, is to the Schedule to these Regulations;

(c) to a numbered regulation, is to the regulation in these Regulations bearing that number;

(d) in a regulation, or the Schedule, to a numbered paragraph, is to the paragraph in that regulation or the Schedule bearing that number; and

(e) in a paragraph to a lettered or numbered sub-paragraph, is to the sub-paragraph in that paragraph bearing that letter or number.

Textual Amendments

F1 Words in reg. 1(2) omitted (1.8.2012) by virtue of The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 115(a)

F2 Words in reg. 1(2) inserted (16.9.2004) by The Child Support (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/2415), regs. 1(2)(a), 9(2)

Commencement Information

I1 Reg. 1 partly in force; reg. 1 not in force at made date; reg. 1 in force at 3.3.2003 for certain purposes, see reg. 1(1) and S.I. 2003/192

Marginal Citations

M1 1992 c. 4.

M2 S.I. 2001/157.

M3 S.I. 2000/3186.

Documents E+W+S

2.  Except where otherwise stated, where—

(a) any document is given or sent to the Secretary of State, that document shall be treated as having been so given or sent on the date of receipt by the Secretary of State; and

(b) any document is given or sent to any other person, that document shall, if sent by post to that person’s last known or notified address, be treated as having been given or sent on the date that it is posted.

Commencement Information

I2 Reg. 2 partly in force; reg. 2 not in force at made date; reg. 2 in force at 3.3.2003 for certain purposes, see reg. 1(1) and S.I. 2003/192

Determination of amounts E+W+S

3.—(1) Where any amount is required to be determined for the purposes of these Regulations, it shall be determined as a weekly amount and, except where the context otherwise requires, any reference to such an amount shall be construed accordingly.

(2) Where any calculation made under these Regulations results in a fraction of a penny, that fraction shall be treated as a penny if it is either one half or exceeds one half and shall be otherwise disregarded.

Commencement Information

I3 Reg. 3 partly in force; reg. 3 not in force at made date; reg. 3 in force at 3.3.2003 for certain purposes, see reg. 1(1) and S.I. 2003/192