The Child Support (Maintenance Assessment Procedure) Regulations 1992

[F1 Amount of an interim maintenance assessment

8A.— (1) The amount of child support maintenance fixed by a Category A interim maintenance assessment shall be 1.5 multiplied by the amount of the maintenance requirement in respect of the qualifying child or qualifying children concerned calculated in accordance with the provisions of paragraph 1 of Schedule 1 to the Act, and paragraphs 2 to 9 of that Schedule shall not apply to Category A interim maintenance assessments.

(2) Subject to paragraph (5), the amount of child support maintenance fixed by a Category B interim maintenance assessment shall be determined in accordance with paragraphs (3) and (4).

(3) Where [F2 the Secretary of State] is unable to determine the exempt income—

(a) of an absent parent under regulation 9 of the Maintenance Assessments and Special Cases Regulations because he is unable to determine whether regulation 9(2) of those Regulations applies;

(b) of a parent with care under regulation 10 of those Regulations because he is unable to determine whether regulation 9(2) of those Regulations, as modified by and applied by regulation 10 of those Regulations applies,

the amount of the Category B interim maintenance assessment shall be the maintenance assessment calculated in accordance with Part I of Schedule 1 to the Act on the assumption that—

(i) in a case falling within sub-paragraph (a), regulation 9(2) of those Regulations does apply;

(ii) in a case falling within sub-paragraph (b), regulation 9(2) of those Regulations as modified by and applied by regulation 10 of those Regulations does apply.

(4) [F3 Where [F4 the Secretary of State] is unable to ascertain the income of other members of the family of an absent parent so that the disposable income of that absent parent can be calculated in accordance with regulation 12(1)(a) of the Maintenance Assessments and Special Cases Regulations, the amount of the Category B interim maintenance assessment shall be the maintenance assessment calculated in accordance with Part I of Schedule 1 to the Act on the assumption that the provisions of paragraph 6 of that Schedule do not apply to the absent parent.]

(5) Where the application of the provisions of paragraph (3) or (4) 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.

(6) The amount of child support maintenance fixed by a Category C interim maintenance assessment shall be £30.00 but [F5 the Secretary of State] may set a lower amount, including a nil amount, if he thinks it reasonable to do so in all the circumstances of the case.

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

(8) [F5 The Secretary of State] 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 (6) 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.

(9) 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 [F5 the Secretary of State] 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;

(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.

(10) Where the absent parent referred to in paragraph (9) is an employed earner as defined in regulation 1 of the Maintenance Assessments and Special Cases Regulations and [F5 the Secretary of State] 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 that regulation.]

Textual Amendments

F1 Regs. 8-8D substituted for reg. 8 (22.1.1996) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995 (S.I. 1995/3261), regs. 1(1), 16

F2 Words in reg. 8A(3) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 6

F3 Reg. 8A(4) substituted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(1), 35

F4 Words in reg. 8A(4) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 6

F5 Words in reg. 8A(6)(8)(9)(10)substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 6