The Child Support (Miscellaneous Amendments and Transitional Provisions) Regulations 1994

Amendment of the Child Support (Maintenance Assessment Procedure) Regulations 1992 E+W+S

2.—(1) The Child Support (Maintenance Assessment Procedure) Regulations 1992 M1 shall be amended in accordance with the following provisions of this regulation.

(2) For sub-paragraph (c) of paragraph (4) of regulation 10 of those Regulations there shall be substituted the following sub-paragraphs—

“(c) where a fresh maintenance assessment is made following a review under section 18 of the Act, sections 16, 17 and 20 of the Act;

(d) where a fresh maintenance assessment is made following a review under section 19 of the Act, sections 16, 17 and 18 of the Act.”.

(3) In paragraph (2) of regulation 20 of those Regulations, for the words after “the provisions of paragraph 6 of Schedule 1 to the Act would apply to that assessment,” there shall be substituted the words—

“he shall not make a fresh assessment if—

(a) where the amount fixed by the original assessment is less than the amount that would be fixed by the fresh assessment, the difference between the two amounts is less than £5.00 a week; and

(b) where the amount fixed by the original assessment is more than the amount that would be fixed by the fresh assessment, the difference between the two amounts is less than £1.00 a week.”.

(4) In paragraph (2) of regulation 21 of those Regulations for the words “that difference is less than £1.00 per week” there shall be substituted the words

“that difference is less than—

(a) where the aggregate amount fixed by the original assessments is less than the aggregate amount that would be fixed by the fresh assessments, £5.00 a week; and

(b) where the aggregate amount fixed by the original assessments is more than the aggregate amount that would be fixed by the fresh assessments, £1.00 a week.”.

(5) At the end of paragraph (1) of regulation 31 of those Regulations there shall be added the words “disregarding any previous assessment made following a review made under section 18 or 19 of the Act”.

Marginal Citations

M1 S.I.1992/1813.The relevant amending instrument is S.I.1993/913.